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.

Your question is asking questions upside down. In order to get a Florida drivers license you have to prove residency. It's a condition to getting the license. If you aren't moving to Florida with the intention to make it your permanent residence, you'll need to keep your Wisconsin license. You can't have a license in two states at the same time. If you have property in both states, you need to decide which one you'll consider your permanent residence. Whichever one that is, is where you'll get "residency benefits," where you'll register to vote, and where you'll get your driver's license.

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?

You pay income tax in Wisconsin even if you are a "non-resident" or part-time resident. It's pro-rated.

Actually, your considered a resident (“establishing residency”) after 6 months then after that it’s 30 days to obtain a license.
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.

Depending on one’s situation, they may need reliable access to very good health care.

Actually, you're reading it wrong.

1. ANY of the following must be true (not all, ANY. Not semantics. Words have meaning.)
How do I know that the above means ANY, and not ALL? Because no one is required to register to vote. No one is required to get a job. Renters can't get homestead tax exemptions, and not everyone with children will send them to public school.

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.

Wisconsin tax law requires people earning income in Wisconsin, to pay state income tax. Even if they're only living there part time.

Or even not living there at all I would imagine. Visiting ball players come to mind.

Probably only bc you didn't have enough taxable income for them to bother. Most states with high income tax rates will go to extreme lengths to make you prove you are no longer a resident if you still spend a fair amount of time living there. Technically it is less than 183 days, but they may use other metrics.

This is true of every state that has an income tax. However, if you establish FL residency and only have income from SS and investments, you will not pay tax to WI unless you live there more than 183 days.

Correct, but the proper term is "source" income, not earned income. Most states that have an income tax require people to pay tax on any income they receive from a source in that state. It can be earned or unearned income.

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

While 183 days makes for a cleaner decision who says one can't have three homes in three states and divide their time equally. Poof there goes the 183 day rule.

And if FL law says you must live in the state 183 days to be considered a resident (I haven't looked that up) then they could deny your residency and a driver's license. Those states with income taxes would likely have different rules and would welcome you and your money.

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.

A query is not the same as a claim be it in small or large print including above or below the line!

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.

Okay, I was going to let this go but....

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. 🏡

My wife has a Florida License and Votes in Florida. She has s home at Maryland but doesn’t declare Homestead. If you have questions go to the proper source and ask your County Tax assessor. They will explain the 183 day rule also. Too many explanations on this forum. Great place to live.

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.

Yep. I remember after I applied for my Florida license I walked out to my car and realized they didn't give me my Minnesota drivers license back. I went back in to ask for it and she said you have to surrender it. Guess I didn't even think about that. Not that it's a big deal because I'll never be going back to Minnesota to live.

My wife had a FL DL and was registered to vote in FL for about six months before we moved out of MD. Nothing I wrote claimed anything different.

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.

That may depend on the state or it may have changed in the last 10 years but it is not always the case.

I neither canceled my MD license nor my MD voter registration, both were done automatically when I obtained my FL license five years ago.

In the past, truck drivers would get several drivers licenses to minimize the chance of losing their right to drive due to traffic violations. I think this practice has been deemed illegal and the general rule is that you can only have one drivers license in your state of residence. I don't know if this is a Federal or state law.

Domicile can be done... but carefully
 

You can establish domicile in FL even while living in another state, but I would suggest contacting an attorney. We established domicile here a few years ago when we bought an RV and sold everything in NC. Domicile was easy for us since I was retired and we owned nothing anywhere else. Yours would be a little more complicated especially if you are still working because Wisconsin will want your tax $ and you can NOT use domicile as way to avoid taxes.
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
 

If you own a home in Wisconsin, and one in Florida, you'll only get a Home Owners exemption one of them, in your state of residence. That tax savings can be a deciding factor in which state you choose to declare.

yes and no
 

You pay income tax on the income made in Wisconsin. I co farmed with my son, but I'm a Florida resident. My social security and pension is NOT taxed by Florida or Wisconsin. My Farm income from Wisconsin is Taxed By Wisconsin. To claim Florida residency you need to live in Florida over 6 months of a year, notify Wisconsin you are claiming residency in Florida, Claim residency in Florida, Change your divers license to Florida, Change your voting to Florida, insure your car in Florida. There are documents available. I confirmed the steps with the Sumter Co office. Now, this was 5 years ago, I'm not sure if any changes were made since then.

You MUST give up your WI license to get a new one in FL. Your domicile is what your license says. It is ILLEGAL to have more than one drivers’ license in any of the 50 states. I’m not sure what you’re talking about when you say “file for FL domicile”…if you get a FL license, you live here—as you MUST have a Florida address. Why are you trying to “back door” scam this. Give up WI or go back. Pretty simple.

Oh, so they’re as bad as California…tax you even when you don’t live there or benefit one iota from those taxes.

THEN MAKE YOUR CHOICE…and live with it. Everything in life comes down to “choice”

Most states with state income tax require you to pay income tax on any income you earned while working in that state. Even if you don't live in that state. Your income tax pays, in part, for the streets your car travels on, on its way to and from work every day. It pays, in part, for snow plowing to get you safely to and from work when it's snowing. It pays, in part, for the police who help you get your car off the road when you've been driving too fast in the snow and spun out and hit a telephone pole. If you don't want to pay Wisconsin income tax, then - don't work in Wisconsin.

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
 

The domicile form is another method of legally establishing your residence. You might use it as proof that you are a FL resident just like using a homestead exemption, voter registration or DL. But if you don't own property, don't have a DL, and don't need a FL id (you have a valid passport), you can file for domicile and establish residency. Think someone living in a nursing home not driving not voting, not going anywhere.

Your "Domicile" is not necessarily what your license says. Your domicile is wherever you intend it to be, within reason. As someone else mentioned, ask most any former Military person how they handled residency. Is the typical USN submarine tour, 6 months?

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.

Fact Check: Partially correct.

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.

Actually, I don't think you need to live in Florida for 6 months to become a resident. That would mean that you need to pay income tax to another state while living in Florida, which is not true. The 6 months is the time where the state can declare you to be a resident, even if you don't want to be one. You cannot live in Florida indefinitely and declare yourself a non-resident.