Establishing Florida Residency

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  #31  
Old 04-18-2024, 08:47 AM
M2inOR M2inOR is offline
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In short: get permanent Florida address, ASAP. It can be a rental agreement. Change everything you can ASAP.

We purchased a home in August 2019, and closed 30 days later in September. When we put offer to buy home, we opened a bank account with Citizens First and got mortgage from them. Flew back to Oregon, wife retired Oct 1, and we both flew back to our empty new home in Florida. After closing, we changed all our bank and financial accounts in Oregon to our new address in Florida. Since we flew to Florida we only had a rental car, and everything was still back in Oregon. Oregon home wasn't even listed for sale yet.

In October 2019 got Florida drivers licenses, and added new residence address to our insurance company for auto and homeowners insurance.

Returned to Oregon, sold one of our cars, decided to sell placed home on market to sell. Sold within a day after listing in January 2020. Packed up only things we wanted to keep and move using PackRat pod service. Sold a few things, but gave away most furniture.

Drove from Oregon to Florida in 8 days with our dog, and were really ready to call Florida our home after 45+ years in Oregon.

Filed non resident Oregon income tax return as we had 2019 income. It was prorated based on our September 2019 declaration of domicile.

Made sure we did not have any Oregon income in 2020.

All done just before Pandemic messed up everything.
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  #32  
Old 04-18-2024, 09:12 AM
HIgolfers HIgolfers is offline
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Originally Posted by retiredguy123 View Post
The website is not correct on this. If you are not a Sumter County resident and they are busy, they can refuse to serve you. However, if you go when they are not busy, non-Sumter County residents can get everything done. That includes drivers license, vehicle title, vehicle registration, and voter registration. And, it doesn't matter if you are a homeowner or a renter.
I really don’t think it matters whether they are busy or not. Have been to that office several times for drivers licenses and registration and never turned away and we are Lake.

Interesting anecdote. When we moved here in 2017 and bought a new car the dealer mistakenly told DMV we lived in Sumter County (we live in Pine Hills, which is Lake). Got the title and registration in the mail saying Sumter. When it came up for renewal, my husband went to Leesburg DMV office to pay renewal and get it fixed. They said they would fix it (fee the same). Next year renewal comes again from Sumter- go through same drill except this time we go to Powell Rd and talk to Sumter Co. again tell them we live in Lake. They said we’ll fix it. Now I just pay online and it still says Sumter! If they don’t care, I don’t either!
  #33  
Old 04-18-2024, 04:25 PM
Pommom91 Pommom91 is offline
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Another thing to consider is Homestead taxes. If I remember correctly, you have to file your homestead before March of the year that you want to claim homestead. The property tax department can answer any questions about that.
  #34  
Old 04-18-2024, 06:46 PM
scubawva scubawva is offline
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Originally Posted by Pommom91 View Post
Another thing to consider is Homestead taxes. If I remember correctly, you have to file your homestead before March of the year that you want to claim homestead. The property tax department can answer any questions about that.
I come from a state without homestead taxes, so know nothing about them. What does this tax have to do with establishing FL residency? I don’t recall it being mentioned when I completed my transactions. TIA
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Old 04-18-2024, 06:47 PM
Haggar Haggar is offline
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Originally Posted by Bill14564 View Post
Perhaps trigger was the wrong word. Still, money that is withheld is treated differently than estimated payments in the determination of underpayment penalties. The calculations are avoided when a certain percentage of taxes are withheld even if there was an underpayment. Those calculations cannot be avoided even if the same amount was submitted with estimated payments. That is what I meant by triggering safe harbor rules.

NOTE: Not a CPA, just someone who has worked through this in the past.
If you haven't paid in 90% of your current taxes or 100% of last year's tax you've got a penalty. The IRS doesn't care if it's from withholding or quarterly estimates. That's the penalty part - there's also an interest calculation if it's not paid in as required.
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  #36  
Old 04-18-2024, 07:10 PM
Bill14564 Bill14564 is offline
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Originally Posted by Haggar View Post
If you haven't paid in 90% of your current taxes or 100% of last year's tax you've got a penalty. The IRS doesn't care if it's from withholding or quarterly estimates. That's the penalty part - there's also an interest calculation if it's not paid in as required.
Form 2210, Part 1, Line 6 says otherwise.

But enough of hijacking this thread. I'm out.
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  #37  
Old 04-18-2024, 07:17 PM
retiredguy123 retiredguy123 is offline
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Originally Posted by Haggar View Post
If you haven't paid in 90% of your current taxes or 100% of last year's tax you've got a penalty. The IRS doesn't care if it's from withholding or quarterly estimates. That's the penalty part - there's also an interest calculation if it's not paid in as required.
I would just point out, that if your income is high enough, you actually need to pay more than 100 percent (I think it is 110 percent) of the prior year tax in estimated taxes to avoid a penalty.
  #38  
Old 04-19-2024, 09:37 AM
MrLonzo MrLonzo is offline
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I'm wondering who is going to ask for incontrovertible proof that you are a Florida resident? And why? Is there a requirement to file a change of address with certain government agencies (e.g., tax collectors) when moving out of state? I assume the tax collection department of the state from which you are moving would be the only party to be interested.

What is it that triggers a requirement by that state for proof of residency change? And how many private accounts that you own are they entitled to go snooping through?

As far as I can tell, there's no way to reliably prove how many days per year a person lives in one house or another.
  #39  
Old 04-19-2024, 09:48 AM
retiredguy123 retiredguy123 is offline
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Originally Posted by MrLonzo View Post
I'm wondering who is going to ask for incontrovertible proof that you are a Florida resident? And why? Is there a requirement to file a change of address with certain government agencies (e.g., tax collectors) when moving out of state? I assume the tax collection department of the state from which you are moving would be the only party to be interested.

What is it that triggers a requirement by that state for proof of residency change? And how many private accounts that you own are they entitled to go snooping through?

As far as I can tell, there's no way to reliably prove how many days per year a person lives in one house or another.
You need to put your address on your IRS tax return. Also, some states will use credit card receipts and other data to show that you are spending more than 6 months in their state. I think you are the one who needs to prove them wrong, not the other way around. You cannot just come to Florida for a few days, establish a residency, and then move back to your old state to avoid taxes.
  #40  
Old 04-19-2024, 11:45 AM
M2inOR M2inOR is offline
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It's better to get tax advice and what is required from the IRS and from your state's tax office.

Each state has different requirements.

The last thing you'd want to do is to ignore paying taxes that are due, and saying you weren't aware is not a good excuse.

The last thing you want to have happen is to owe taxes in a state you left behind, and the penalties you may also have to pay.

I made sure that my old state, Oregon, had me off the resident rolls whatever they are. No property, and no income from Oregon sources. Oregon has very high income taxes, a low estate tax threshold, and has limits as to what is deductible - for example they limit deductions for federal taxes paid to the federal government.
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  #41  
Old 04-19-2024, 11:57 AM
retiredguy123 retiredguy123 is offline
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It's interesting that many states, like Virginia, will consider you to be a Virginia resident forever, unless you actually move to and live in another state. Going overseas doesn't count. There are people who have left Virginia, sold their house and vehicle and moved to Mexico, Germany, or another country with no intention to ever return to Virginia. But, according to Virginia law, they are still a Virginia resident for tax purposes, even though they have no connection to Virginia, and they cannot even vote in Virginia.
  #42  
Old 04-19-2024, 03:56 PM
joshgun joshgun is offline
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June 15 to end of December is 195 days more than 183. I have moved to Michigan, Illinois, Wisconsin and Florida. You had to prorate taxes because of being a part year residence. I can’t remember which ones but some asked for utility bill, lease agreement, etc. however switching plates, title and drivers license sealed the deal.


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Originally Posted by Dusty_Star View Post
I saw something that said you have to be out of Minnesota for 183 days to not be a Minnesota resident. June 15 is outside of that window? Isn't it? You'll need to find another 2 or 3 weeks outside of Minnesota to qualify for 2024. If you've been here looking for your house & lot, keep track of those days. Or I think if you've taken an out of Minnesota vacation for two weeks before June that would count too.
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