Saying goodbye to state income taxes

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Old 07-17-2021, 07:25 AM
Patents111 Patents111 is offline
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Default Saying goodbye to state income taxes

Hi, I’m a federal retiree living in Virginia. I plan to sell my house; and sell or re-register all personal property in Florida; and buy and become a full-time Villages resident. My local CPA will file my part-year Va taxes, but Virginia had/has a reputation for seeking taxes from former residents on the theory that their retirement income was the result of living in the state while earning that retirement.
I’m interested in hearing your story of settling up with, and disengaging from, your home state tax collecting system whether Virginia or other, what you used as your transition-to-Florida date, and any advice to avoid pitfalls. Many thanks in advance.
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Old 07-17-2021, 07:35 AM
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It's more of a fear than reality.
Your CPA can tell you facts, ToTV poster probably won't.
Follow Florida residency requirements & enjoy.
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Old 07-17-2021, 08:05 AM
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Quote:
Originally Posted by dewilson58 View Post
It's more of a fear than reality.
Your CPA can tell you facts, ToTV poster probably won't.
Follow Florida residency requirements & enjoy.
Agree. The OP may receive a bunch of threatening letters as the state tries to extort money from a former resident, but in the end, to quote Shakespeare, "Life is a tale told by an idiot, full of sound and fury but signifying nothing"
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Old 07-17-2021, 08:11 AM
Stu from NYC Stu from NYC is offline
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We moved here from Va 18 months ago but as full time Floridians.

Used the moved out date.

Our CPA advised us to move all of our funds out of VA in the event they came after us but they never did.
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Old 07-17-2021, 09:10 AM
retiredguy123 retiredguy123 is online now
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I am also a Federal retiree from Virginia. First of all, there is a Federal law that prohibits states from taxing retirement income from out of state residents. I filed a part year Virginia income tax return using my Florida address, and labeled it as the "FINAL" return. However, the state did bill me for personal property tax for my car until I retitled the car in Florida. But, they never questioned my residency and never tried to collect any income taxes. So, make sure that you go to the DMV, get a new Florida title and registration, and notify Virginia that you no longer have a car registered in Virginia, or they will continue to bill you. I think I even had to send them a copy of my Florida car title. Good luck.
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Old 07-17-2021, 09:17 AM
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Definitely listen to your CPA.

Note too that in 2017, the Florida requirement to declare Florida for legal residency was that you had to live here full time for 6 months plus one day. You may want to verify if that requirement still exists or has changed. We moved here from Michigan in May, arrived on a Saturday, and on that Monday immediately went down and acquired our Florida driver licenses and registered our cars. We only had to pay state income taxes to Michigan for income through May of that year.
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Old 07-17-2021, 10:38 AM
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establish Florida residency. File final part year state return. Federal law prohibits the old state from taxing retirement income at that point.

4 U.S. Code SS 114 - Limitation on State income taxation of certain pension income | U.S. Code | US Law | LII / Legal Information Institute

Trump filed this but it is not controlling. https://www.clerk.org/pdf/DeclarationOfDomicile.pdf

4 U.S. Code § 114 - Limitation on State income taxation of certain pension income
U.S. Code
Notes
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(a) No State may impose an income tax on any retirement income of an individual who is not a resident or domiciliary of such State (as determined under the laws of such State)….

Residency Income Tax Requirements | Determining Domiciles
No single factor is dispositive in determining domicile; rather the factors are examined by the Department collectively to determine if the intent to acquire or abandon Virginia domicile exists. It is noteworthy, however, that the fact that a person who has moved outside of Virginia yet returns to the state to live within six months constitutes prima facie evidence that no intent to abandon Virginia domicile existed.

Last edited by Babubhat; 07-17-2021 at 10:49 AM.
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Old 07-17-2021, 10:39 AM
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Quote:
Originally Posted by Patents111 View Post
Hi, I’m a federal retiree living in Virginia. I plan to sell my house; and sell or re-register all personal property in Florida; and buy and become a full-time Villages resident. My local CPA will file my part-year Va taxes, but Virginia had/has a reputation for seeking taxes from former residents on the theory that their retirement income was the result of living in the state while earning that retirement.
I’m interested in hearing your story of settling up with, and disengaging from, your home state tax collecting system whether Virginia or other, what you used as your transition-to-Florida date, and any advice to avoid pitfalls. Many thanks in advance.
I regularly wonder why people ask this sort of question here. My pseudo-name is DAVE.
Imagine arguing tax law and your defense but DAVE on talk of the villages said.

We are exNew Yorkers 6% state tax, 3% City tax. We did not pay them when we cashed savings bonds after living in Florida for a year or two. We do not owe them taxes on IRAs.
ETC.

However, learning from our experience. We are old school. Still use checks. We had our old water company come after us in Florida not once but twice. First time I did their job.
Typical their accounting error, they toss it on you to do their job, free of course.
We found the bill, as I demanded it said final bill. I found the cash check with memo on it
paying final bill # in full. I sent it to them registered return receipt, cost me ????? about $7.00. A couple of years later they the company was sold and they started again with a collection agency. My second reply was, I refuse to do your job, research attached copy of signed return receipt. If,you choose to bother me further YOU WILL REGRET IT.
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Old 07-17-2021, 10:51 AM
Stu from NYC Stu from NYC is offline
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Quote:
Originally Posted by DAVES View Post
I regularly wonder why people ask this sort of question here. My pseudo-name is DAVE.
Imagine arguing tax law and your defense but DAVE on talk of the villages said.

We are exNew Yorkers 6% state tax, 3% City tax. We did not pay them when we cashed savings bonds after living in Florida for a year or two. We do not owe them taxes on IRAs.
ETC.

However, learning from our experience. We are old school. Still use checks. We had our old water company come after us in Florida not once but twice. First time I did their job.
Typical their accounting error, they toss it on you to do their job, free of course.
We found the bill, as I demanded it said final bill. I found the cash check with memo on it
paying final bill # in full. I sent it to them registered return receipt, cost me ????? about $7.00. A couple of years later they the company was sold and they started again with a collection agency. My second reply was, I refuse to do your job, research attached copy of signed return receipt. If,you choose to bother me further YOU WILL REGRET IT.
The problem is bottom feeding collection agencies will buy old receivables for pennies on the dollar and hound people to death with collection activities.

Last year had one that would make robo calls daily offering us a great deal paying them 50% of what we "owe". They just kept leaving messages on voice mail and we had to keep deleting them so as not to fill up voice mail with their nonsense.
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Old 07-18-2021, 05:29 AM
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We relocated from VA and none of that was true about the taxes. You will be blown away by the difference in tge DMV when you retitled your vehicles and get your new registration. Instead of spending hours working with rude, illiterate people, the Florida Representatives actually smile, are pleasant and have you out the door in under an hour.
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Old 07-18-2021, 05:35 AM
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Quote:
Originally Posted by donassaid View Post
We relocated from VA and none of that was true about the taxes. You will be blown away by the difference in tge DMV when you retitled your vehicles and get your new registration. Instead of spending hours working with rude, illiterate people, the Florida Representatives actually smile, are pleasant and have you out the door in under an hour.
When DMV does work in VA. they are as mean as mean can be. But they are only open by appointment nowadays, so they don't work much.
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Old 07-18-2021, 06:09 AM
J1ceasar J1ceasar is offline
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Default Moving taxes

NJ hit me for several thousand " moving taxes". Free. At last .
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Old 07-18-2021, 06:21 AM
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Originally Posted by retiredguy123 View Post
I am also a Federal retiree from Virginia. First of all, there is a Federal law that prohibits states from taxing retirement income from out of state residents. I filed a part year Virginia income tax return using my Florida address, and labeled it as the "FINAL" return. However, the state did bill me for personal property tax for my car until I retitled the car in Florida. But, they never questioned my residency and never tried to collect any income taxes. So, make sure that you go to the DMV, get a new Florida title and registration, and notify Virginia that you no longer have a car registered in Virginia, or they will continue to bill you. I think I even had to send them a copy of my Florida car title. Good luck.
We retired here from VA five years and had the same experience- no issues.
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Old 07-18-2021, 06:26 AM
Babubhat Babubhat is offline
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Might we assume from the user name he is a material target for the tax man? California chased a resident who moved with patent income for 20 years.

Just follow the code and regulations of the departing state and keep good records. Law and accounting firms have free articles on the subject.
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Old 07-18-2021, 06:26 AM
Hiltongrizz11 Hiltongrizz11 is offline
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Quote:
Originally Posted by dewilson58 View Post
It's more of a fear than reality.
Your CPA can tell you facts, ToTV poster probably won't.
Follow Florida residency requirements & enjoy.
Well if a villager post doesn't provide facts I guess there's no point in you even writing this because we can't believe you
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