Snowbird or Resident for Taxes and Estate Plan?
What is your legal residency if you live in one state and travel to another for several months per year for tax purposes and your estate plan? For Illinois residents, the most common state to have a second home if Florida. If you leave for the winter months, when are considered a resident of Florida?
Requirements for Residency Status
If you live in Florida from November to march are you a legal resident of Florida? The legal residency test is actually quite simple. Here is the criteria to determine legal residency:
- Drivers License
- Voting Card
- Employment
- Credit Cards
- Professional hires such as doctors, lawyers, accountants
- Church, social, fraternal organizations
- Owning a business
- Mobile phones
- Tax returns
The above list is not exhaustive, however the test is clear – the more permanent contacts you establish in one state, the more likely it will be considered your state of legal residency.
How Long Must You Reside in a State Continuously?
You must not only pass the residency test by your requirements above, you must also reside in that state for a period of time and that required period varies by state. For instance, in Florida you must reside continually for 183 days, one day more than 6 months.
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Tom Tuohy
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This news post has been created for information and planning purposes. It is not intended to be, nor should it be substituted for, legal advice, which turns on specific facts and laws in specific jurisdictions. No reader of this article should act or refrain from acting based on any information included in, or accessible through, this article without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the reader’s state, country or other appropriate licensing jurisdiction.
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