Posts Tagged ‘state residency’

Residency Requirements for State Income Taxes

January 31st, 2009

A few of my more astute California clients have noticed that other states have lower or no personal income taxes. A few of my better off clients have homes in several states and foreign countries. If you have or are planning to change your legal domicile, be sure you do it right. And oh-by-the-way, even if you do everything right, the State of California will aggressively pursue taxation of some intangible asset income – such as pension benefits.

If you are involved with a residency audit you will be asked to fill out an extensive questionnaire. Warning! Do not fill out the questionnaire without professional help.

Here’s a check list for establishing a new legal domicile. The list is not complete and not all items need be present to establish residency. Again beware, fulfilling all of the following items will still not guarantee your residency status.

* Sell old residence and buy or lease one in your new state
* Obtain a homestead exemption in your new state
* Move physical assets to new state
* Sever business relationships in old state
* Sell real property and real property investments in your old state
* Close bank and brokerage accounts and open new ones
* Rent a safe deposit box in your new state
* Have an attorney redraft trusts and wills indicating your new residency
* File an affidavit of domicile in new state with the county clerk’s office
* Register to vote in new domicile
* File all tax returns as a resident of the new state
* Register all automobiles in new state
* Cancel your old drivers licenses and get a new ones
* Change the billing address on all bills
* Terminate all church or temple affiliations and establish new ones
* Terminate club memberships and establish new ones
* Join the local library
* Purchase a cemetery plot in new state
* Keep a log of time spent in your new state, in your old state and on vacations
* Try not to use credit cards when in your old sate
* Talk and dress like the locals. If you are moving to Idaho, buy at least two automatic
weapons. If moving to certain areas of Arizona, buy and carry a six shooter.

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