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Florida Driving License and FL residency
I have read a few posts on FL residency but my questions is a little different.
I am WI resident. What happens if I get a FL driving license does it mean I get the FL residency automatically? I am thinking not. what if I don't file for FL Domicile and voting rights in FL. Am I still considered WI resident by default for tax purposes? Did anyone got FL driving license and not file for FL Domicile? Input is appreciated. Thanks 1/14 - Adding more info for clarification. I am retired so my income is not from WI. Also I should have explained it more. Reason I want the FL license is to start the FL residency process but I have a house that I need to sell in WI. If I claim FL residency before the WI house sale then I have to pay capital gains tax as it won't be my primary state. That is why I am trying to figure out if just getting the FL license initiates the FL residency process. I have a house in FL, plan is to register one car in FL and get FL driving license and keep the WI residency until I sell the house.. |
It doesn’t look like that is possible.
Both WI and FL require you to get your license within 30 days of establishing residency. FL requires two forms for proof of residency. I don’t see how you could get a FL license with a WI address or maintain a FL license while officially a resident of WI. FL may automatically register you to vote in FL when you get a FL license. I never filed anything to declare my domicile in FL. I never heard of such a thing until I read it on these boards. I could prove my residence by my DL, address on my bills, and if need be, by credit card receipts for groceries and gasoline. As it turned out, MD didn’t try to hold onto me anyway. |
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Rusty Nelson did a pretty good youtube video on this topic about a year ago...
https://www.youtube.com/watch?v=Hd7iAWCBGp4&t=1247s |
I believe there may also be a requirement to stay in one state for 163 or more for residency. Now the other question is why do you want to maintain the non-FL residency when FL does not have a state income tax?
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New Resident - Welcome to Florida! - Florida Department of Highway Safety and Motor Vehicles |
The tax laws are different in every state. So you should check the rules for the department of revenue in your state. Most likely, if you live in Wisconsin more than 6 months per year, or if you have Wisconsin earnings, they will want you to file an income tax return.
If you have no W-2 income and you are in Florida for more than 6 months of the year, you are probably good-to-go tax wise (but please do not rely on forum advice without checking). In the unlikely event of an Audit by the state of Wisconsin, a Florida license and other evidence of residency would be useful. |
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1. ANY of the following must be true (not all, ANY. Not semantics. Words have meaning.) Quote:
2. After you've satisfied the residency requirement, it's not a 30-day period before you can get your license. You must get it WITHIN 30 days. In other words, you have to get the license BEFORE that 30 day period is up. If you wait longer then you'll be driving unlawfully in the state. Quote:
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If I legal resident and go visiting or vacation for 5 months and 29 days why would I have to do anything in visiting state? Not like I’m going to different country? Most IMO that use has two residents in two different states picks one with less taxes.
Quote 183 days Your physical presence in a state plays an important role in determining your residency status. Usually, spending over half a year, or more than 183 days, in a particular state will render you a statutory resident and could make you liable for taxes in that state.Jan |
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I know of no reason why a family cannot "split" their residency. I have a neighbor that does this. One of them is still a resident of one state, and the other is a resident of FL. It is not hard for them to keep a journal to indicate one or the other has the requisite days per year in the "home" state. One simply spends a week or so longer in Florida before joining the other spouse in the other state during the summer.
This allows one to register and insure the cars in the less expensive state, while being able to homestead one of the residences in the state in which that is most advantageous. It is especially simple if neither state has a state income tax. |
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When you move out of the country, the state you left from will claim you as a resident forever, and they will tax all of your income, even if you sell all of your property and break all ties with that state. In order to cancel a state residency, you must establish residency in another state. I believe that is the law in every state.
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I feel as though I'm supposed to be insulted but I have no idea what point you are trying to make. |
... and you must choose in which state to claim a Homestead exemption that reduce your taxable property value and affords other protections. 🏡
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There is a belief that when you surrender your driver’s license to obtain a Florida one that your previous one is cancelled. I found out that not to be true when I started receiving renewal notices for my previous one telling me they were going to cancel it if I didn’t pay it. Then there is the issue of voter registration. Our county elections office has the form needed to cancel your voters registration where one has previously voted.
As for the difference between residency and legal residence, they are different things. Just about any veteran should be able to explain what a legal residence means. I was always getting asked why I had NY plates on my car in Virginia and I would point out I am a Floridian which would really confuse them, especially when my insurance had my current address. |
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What I wrote was that it did not appear to be possible to obtain a FL DL while simultaneously claiming primary residency in WI. You have to choose, is your primary residence in FL or is it in WI (or any other state)? Since voter registration follows your primary residency, many states automatically register you to vote in their state when you first obtain a DL since obtaining a DL is a statement that you now reside in that state. |
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I neither canceled my MD license nor my MD voter registration, both were done automatically when I obtained my FL license five years ago. |
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Domicile can be done... but carefully
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But you can still do it. I would suggest going to some RV websites (escapees is a good one) that explain domicile in detail. Remember, Dick Cheney while living in Texas and running Haliburton established Domicile in Wyoming so that he could run for VP. When you establish domicile you are essentially saying "this is where I plan to live in the future." I remember reading about a case where an NBA ref living in Minn. established domicile in FL. He owned property in FL and had met many many of the "requirements" but was still living in Minn. and working around the country. The judge's decision came down to one thing, he had resigned his membership at a racquet club in Minn and joined one in FL. and since racquet ball cannot be played remotely, he won the case. As for us having a FL address while RVing, there are mail services that will give you a mailing address and also a street address for voter registration etc. Hope that gives you some insight. It can be done but you'll have to carefully step through some hoops. |
Taxes
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yes and no
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Same as in California, and New York, and Louisiana, Kentucky, etc. etc. They ALL make you pay income tax, if you WORK in those states, regardless of where you live. The state you live in might also make you pay income tax, because you have an income, while living in that state. Different states have different rules about that. This isn't news. It's not a recent change. |
FL domicile
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As someone else mentioned earlier in the thread, what about people who live in (3) states, as I do. There's no simple "183 day rule". Filing for Domicile in Florida is a specific process. If you reside in Sumter County and would like to make it your domicile, you can find the form here: Forms | Sumter County Clerk of Courts. |
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If you are earning ACTIVE income (i.e. - W-2 income or 10-99 income), then yes, those states will tax you. Imagine playing pro sports and "working" in a different state every week! However, if you are receiving an earned pension from, sayyyyy California, then the state does NOT tax that even though you earned it by your labors and its investment gains occurring in California if you do not currently live in that state. Same goes if you earned a California pension but retired to the Philippines. Not uncommon, actually. Lots of healthcare folks working in Los Angeles. No state or federal income tax is owed, due, collected, or held back. |
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