[JIMQ3100]

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..

[Bill14564]

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.

[OrangeBlossomBaby]

Originally Posted by JIMQ3100

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

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.

[FFlank]

Rusty Nelson did a pretty good youtube video on this topic about a year ago...
https://www.youtube.com/watch?v=Hd7iAWCBGp4&t=1247s

[villagetinker]

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?

[OrangeBlossomBaby]

Originally Posted by villagetinker

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.

[CarlR33]

Originally Posted by Bill14564

Both WI and FL require you to get your license within 30 days of establishing residency. FL requires two forms for proof of residency.

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

[jimhoward]

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.

[tophcfa]

Originally Posted by villagetinker

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?

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

[OrangeBlossomBaby]

Originally Posted by CarlR33

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

Actually, you're reading it wrong.

1. ANY of the following must be true (not all, ANY. Not semantics. Words have meaning.)

You may be considered a resident of Florida when you:

Have started employment or engaged in a trade, profession, or occupation in this state.
Have enrolled your children in the public schools of this state.
Have registered to vote in this state.
Have filed for homestead tax exemption on property in this state.
Have lived in this state for a period of more than six consecutive months.

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.

As a new Florida resident, you must obtain a valid Florida driver license within 30 days of establishing residency to drive on Florida roads. In addition, you must obtain insurance from a Florida insurance agent that is licensed to sell insurance in Florida in order to title and register your vehicle(s), vessel(s), and mobile home(s) within 10 days of establishing residency.

[OrangeBlossomBaby]

Originally Posted by jimhoward

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.

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

[jimhoward]

Originally Posted by OrangeBlossomBaby

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.

[Pugchief]

Originally Posted by Bill14564

As it turned out, MD didn’t try to hold onto me anyway.

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.

[Pugchief]

Originally Posted by OrangeBlossomBaby

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

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.

[retiredguy123]

Originally Posted by OrangeBlossomBaby

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

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.