Florida residency

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  #31  
Old 11-05-2019, 03:30 PM
yabbadu yabbadu is offline
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Originally Posted by Spoiler View Post
New here also and I could be mistaken but I thought Florida residency just required wearing short pants more than 6 months of the year.

So true
  #32  
Old 11-05-2019, 03:39 PM
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The 6 month rule for Florida residency is bogus. There are lots of people who establish a Florida residency, buy an RV, and live in the RV and almost never come to Florida. There are even companies that will assist you in setting it up and will handle your mail.
  #33  
Old 11-05-2019, 04:59 PM
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Originally Posted by The Gerbs View Post
To claim Florida residency, you must live in Florida a minimum of 6 months and one day...

Not true. There is no time qualifier. One must register to vote and change their driver's license, plus sign an affidavit that they don't homestead in another state. That 6 month thing is an old wives tale, most likely started by someone from NY, as that was their requirement. Call your county property appraiser, if you want to hear it from the source.
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Old 11-05-2019, 05:40 PM
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High tax states are reluctant to lose the tax money their high income residents must pay. Even if one moves to a low tax state such as Florida and establishes residency there the other state may not recognize a transfer of residency and continue to claim that person as a resident. They may track where one is as they want to show residency by where one spends the most time which tends to be the primary test as they see things although many other factors need to be considered.. I know of an attorney who moved to Texas from California. CA is now tracking where his cell phone is used. They can also track where one uses a credit card and much more, all to collect income taxes from high income people. So, if in doubt please seek good legal counsel and follow the rules.

The infamous case of John Thompson Dorrance shocks me to the core. His estate was forced to pay full estate taxes to two separate States, PA and NJ as he maintained homes in both states. That outcome is double taxation which just does not seem right to me. John Thompson Dorrance - Wikipedia
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  #35  
Old 11-05-2019, 10:23 PM
Altavia Altavia is offline
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Another example of double taxation related to relocating.

If you buy a car in another state, and move to FL within 6 months of that purchase, you have to pay sales tax to FL a second time.
  #36  
Old 11-06-2019, 12:40 PM
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Originally Posted by Robbie0723 View Post
Another example of double taxation related to relocating.

If you buy a car in another state, and move to FL within 6 months of that purchase, you have to pay sales tax to FL a second time.
Not sure where you got this.

https://floridarevenue.com/Forms_lib...t/gt800030.pdf

Almost all states require a "true-up" in sales tax on an automobile purchase if the car was purchased in another state and the sales tax collected was lower than the resident's state sales tax. This is not double taxation. This happens quite frequently with internet car sales and is nothing special to Florida. There is actually good reason for this but not worth debating here.
  #37  
Old 11-06-2019, 02:36 PM
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Originally Posted by GoPacers View Post
Not sure where you got this.

https://floridarevenue.com/Forms_lib...t/gt800030.pdf

Almost all states require a "true-up" in sales tax on an automobile purchase if the car was purchased in another state and the sales tax collected was lower than the resident's state sales tax. This is not double taxation. This happens quite frequently with internet car sales and is nothing special to Florida. There is actually good reason for this but not worth debating here.
Thanks for clarifying, I must have misunderstood when trying to get my plates at the Sumter DMV...

I was not a FL resident when purchasing the vehicle while living in my previous state. Moved here a month later.

Last edited by Altavia; 11-07-2019 at 07:23 AM.
  #38  
Old 11-06-2019, 02:57 PM
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Florida provides a true-up for state sales tax paid to another state, but not local sales tax paid in another state.

If the vehicle is acquired from out of state, 6% Sales Tax is due on the purchase price of the vehicle. If the vehicle was titled in the applicant's name less than 6 months prior to being titled in the state of Florida proof of the purchase price and the amount of sales tax that was paid must be submitted. If the amount paid was less than 6% Florida will collect the difference. If applicant’s residency is outside of County there may be an additional Discretionary Tax. If the vehicle was titled in the applicants name for more than 6 months prior to taking title in Florida, no sales tax is due.

Last edited by Altavia; 11-09-2019 at 11:51 PM.
  #39  
Old 11-06-2019, 04:15 PM
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I believe that the "6 month" residency belief stems from the hotel tax. You will pay sales tax and hotel tax (total 11%) for a rental of 6 months or less. If you rent for a minimum 6 months and 1 day, you are exempt from the tax, which is a substantial savings, but has nothing to do with residency.
  #40  
Old 11-06-2019, 08:16 PM
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Just a word of advise, don't even waste your time attempting to change your state of domicile if you want to change away from a high tax state where you plan to maintain your health insurance coverage. They track you through Obamacare, and you can't get out of the database unless you change your health insurance to the state where you clam domicile.
  #41  
Old 11-07-2019, 12:49 PM
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Originally Posted by Tom53 View Post
I believe that the "6 month" residency belief stems from the hotel tax. You will pay sales tax and hotel tax (total 11%) for a rental of 6 months or less. If you rent for a minimum 6 months and 1 day, you are exempt from the tax, which is a substantial savings, but has nothing to do with residency.
When you move to FL and declare yourself a Fl resident you are a FL resident as of that day.
The problem comes from the state you moved from, they may say you are still a resident of their state. So the real problem is proving to the state you came from that you are no longer a resident. I think living in the new state for over 6 months became an easy way to think you have proven residency.
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Old 11-07-2019, 02:19 PM
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Originally Posted by rjm1cc View Post
When you move to FL and declare yourself a Fl resident you are a FL resident as of that day.
The problem comes from the state you moved from, they may say you are still a resident of their state. So the real problem is proving to the state you came from that you are no longer a resident. I think living in the new state for over 6 months became an easy way to think you have proven residency.
You are correct. I think that most State laws are written to say that you are a resident of their state forever, or until you establish residency in another state. So, if you move from a high tax state to another country, like Mexico, you are a legal resident of the state you departed from forever unless you move back to the U.S. and establish residency in another state. They will expect you to continue to pay the state taxes, even though you may not have a residence there or even be eligible to vote in the state you left.
  #43  
Old 11-07-2019, 03:39 PM
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  #44  
Old 11-07-2019, 05:25 PM
EdFNJ EdFNJ is offline
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Originally Posted by rjm1cc View Post
When you move to FL and declare yourself a Fl resident you are a FL resident as of that day.
The problem comes from the state you moved from, they may say you are still a resident of their state. So the real problem is proving to the state you came from that you are no longer a resident. I think living in the new state for over 6 months became an easy way to think you have proven residency.
The state you moved from has no problems if you:
  1. Paid your taxes up until your move in date (and if you didn't you'll get a bill whenever they are normally sent).
  2. Turn in your "old" DL (and your insurance) and obtain a FL one
  3. Register to vote in FL (they automatically notify your previous state).
  4. Turn in your plates and register your vehicle in FL
  5. Buy a home or sign a rental lease here and prove it IF they ask (usually if they see problems with your tax payments).

Why is such a simple and easy process such a big deal. It took us 30 minutes from the time we closed here to complete and never heard word one from NJ again ... good riddance to them. Even our medical/dental/rx insurance from the State of NJ Employee Retirement offices moved with us with just an email notification of the move and copy of our DL's.
  #45  
Old 11-07-2019, 07:27 PM
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Originally Posted by villagetinker View Post
OP, you may want to discuss this with your financial advisor as well as an elder care lawyer, your health insurance provider, etc. There are a LOT of things to consider. We avoided all of this by cutting the cord and moving permanently.
I agree with villagetinker completely. There is so much to your question than what is obvious. Consult couple experts.
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