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Old 04-30-2012, 06:21 PM   #25
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Originally Posted by 3dtp View Post
Whole lot of things written here that may or may not be correct and certainly are incorrect for some of the states.

First: Is residency considered a job or is a temporary training period? Certain states consider it temporary, and if you are just in a state for a specific purpose with no intent to establish a "domicile" ie a permanent living arrangement and can establish that you have not abandoned your previous domicile (ie where you came from), especially if you plan to return there after you complete your training and still own real property there. OP stated that her/his children are to attend school in a different state (the home state). Therefore, there is clearly no intent to establish a domicile in the new state, and the "home" state remains the home state.

This is equally true for "real world jobs" such as consultants who may travel to another state for a project, say a civil engineer on a major construction project. He may work in a state for a year or more, but his home is still his home, even if he's there for 3 years.

Insurance is a separate matter, as most insurance companies rate a vehicle "where it is customarily garaged," rather than where it is licensed. If that were not so, everyone in NYC would likely register their cars in rural Pennsylvania.

Taxes: again states are different, with different rules. I was completely stunned when I moved to my newest state to find it had complete tax reciprocity with my "home" state, and I paid taxes to my home state as a resident and paid no taxes in my new state, as long as a.) I maintained a domicile in my "home" state, and had evidence of returning to my "home" state at least once per quarter (easy to do since all my family live there). This is a decided advantage to me, as the income tax rate in my present state is better than 4x that of my "home" state. My "home" state refused to accept my tax return the first year because of that reciprocity clause, and upon consultation with tax attorneys in both states, it was clear that I was able to maintain my domicile in my old state, owning real property, having substantial connections and it was to my advantage, tax-wise. I maintain my "home" state license and registration.

Find out the rules of your states. No state can force you to change domiciles (forbidden under the interstate commerce clause), but you may have to change anyway, depending on your state. If your kid is staying home, and your home is there, and you are a temporary visitor to the new state, you may not need to change.

Where did this become a problem? I had to buy a non-resident hunting and fishing license, and could not buy a very nice rifle in my new state.

Other issues? I had to change my address with the FAA on my pilot's certificates, but I did not have to change the aircraft address since it spends time in both states. Why? FAA rules state I must notify them of my present address any time I am away from home for more than 30 days at a stretch.

Know before you go and when you find out, let us know.
It will be up to the judge to decide if my intent is to make the new state a "fixed and permanent" residence, not the DMV. How do I get to see a judge? It must be some situation that I get a ticket.

I just checked the reciprocal agreement of California - it does not have such thing. So I figure I can not get away with it.
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