[Pmhgroup]

Jimbo.

A couple of notes on earlier responses.

“No U can't, must live here over 180 days.” Not true, Florida does not have the 6 month requirement to claim residency. Careful though, if you spend more than six months and a day in NY they can still claim you as a resident.

“own in NY and work in NY that you don't have a real good case to claim Florida Residency to avoid paying NY income taxes.” If you physically work in NY, you will owe NY taxes on that earned income. You might (key word might) be able to avoid state taxes on investment income as a Florida resident.

“To be a Fl. Resident. You need a fl. drivers license, car registration and a checking account showing your place of resident.“ This is partially true if you are applying for homestead. To apply for Homestead you need to own a finished home on Jan 1st. of the year you apply, have at least one car registered in Florida, have the car insured in Florida and have a Fla driver’s license.

I could also recommend the “Welcome to Florida” seminar held in the fall at the Nancy Lopez restaurant. In that seminar, the advantages and disadvantages to Fla residency are discussed.

[784caroline]

You can claim any state to be your resident but you must (especially with regard to NY) be able to show intent that such a move was not simply to avoid state taxes. With the high tax rate for NY, they (Not the feds or Florida)have a vested interest to monitor all such moves very closely.

It gets to be a problem if you own a residence in NY (your name is on the deed) and especialy if you are claiming a homestead exemption for the state of NY. (You cannot claim homestead in NY and Florida) As earlier stated , you can show intent to establish Fl residence by owning real estate, getting a drivers licence, registering to Vote, Occupy the FL residence for more than 180 days, have your utilities bills and Federal tax returns etc sent to or filed from your florida residence. The best way to separate yourself from NY would be to transfer the NY property into your wifes name or better to establish a trust. However be forwarned it may still get complicated when you (or your wife) start to file NY state taxes. Do you separate your financial accounts into his/hers..if not at a minimum you may have to file NY non-resident returns. NY will not LOOK until they see something out of the ordinary,......and all of this is a flag of some sort. The NY residence would be your wifes primary residence so she would still be able to claim a capital gain exemption upon any sale..BUT NOT YOU.

There is a fair amount of $$ to be saved by not declaring NY your residence, but every families situation is different. YOu can talk to legal /accounting help here in Florida BUT believe me the problem will be NY so I would talk to people very familiar with the law and accounting codes in that state. There is no simple answer

[RonGee]

I do that now and you are correct

[RonGee]

Originally Posted by jimbo2012

But if you work remote living in FL, say on a computer or telephone sales and your paycheck is mailed to FL from NY or any state then I think you're ok.

I work remotely for company out of Chicago, I gave my company my new home address and they changed their records in the billing dept. now I do not see a state tax on my paycheck. (which is delivered directly into my bank)

[gustavo]

Originally Posted by Pmhgroup

Jimbo.

A couple of notes on earlier responses.

“No U can't, must live here over 180 days.” Not true, Florida does not have the 6 month requirement to claim residency. Careful though, if you spend more than six months and a day in NY they can still claim you as a resident.

“own in NY and work in NY that you don't have a real good case to claim Florida Residency to avoid paying NY income taxes.” If you physically work in NY, you will owe NY taxes on that earned income. You might (key word might) be able to avoid state taxes on investment income as a Florida resident.

“To be a Fl. Resident. You need a fl. drivers license, car registration and a checking account showing your place of resident.“ This is partially true if you are applying for homestead. To apply for Homestead you need to own a finished home on Jan 1st. of the year you apply, have at least one car registered in Florida, have the car insured in Florida and have a Fla driver’s license.

I could also recommend the “Welcome to Florida” seminar held in the fall at the Nancy Lopez restaurant. In that seminar, the advantages and disadvantages to Fla residency are discussed.

I agree with the above. Just remember that when dealing with the taxing authorities, stupid you pay money, fraud you go to jail. Big difference.

[vinnie]

My opinion is that if you are actively employed in NYS, they will want your money. If you have a history of making money in NYS and continue working in same venue, I suspect they would not accept it unless you could prove you were not in NYS.
At the very least, they would want your $$$ based on how long you spent in NYS.
I have to suspect that NYS has seen people try this a thousand times. Only if it is above board and you can prove how your employment is different. For example, perhaps you went from employed to self employed.
As far as pension, if a NYS resident living in NYS, you are probably tax free if public pension. Regardless, there is no state income tax in Fl so you are good to go. However, if you run into the NYS argument on pay, it seems that your pension would follow suit on whether you were dsclared NYS or Fl residment
Good luck and pay attention to estate planning since NYS will want part of your estate while Florida does not