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rvlaw
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Category: Real Estate Law
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Experience:  30+ years NYC R.E.litigation & closings; contract law professor.
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What consistutes a legal residence in Minnesota and

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What consistutes a legal residence in Minnesota and can you have two legal residences?

Hi,

Here are some facts:

Residency
Residency is generally defined by two rules:

Permanent residency
Your permanent residence (domicile) is the place you intend to make your home for a permanent or indefinite period of time. It is your legal residence. Your permanent residence, once established, continues until you take steps to establish a new residence.

If you live with your spouse, both you and your spouse are presumed to have the same state of residency for income tax purposes. And even though you might split your time between more than one location or state, you both still have the same permanent residence.

Example 1. XXXXX XXXXXves in Minnesota for five months and in Arizona for seven months. Because she was a Minnesota resident before she began spending time in Arizona, Laura continues to be a full-year Minnesota resident until she takes steps to change her residency.

Example 2. William's job requires that he temporarily moves to another state for the next two years. Because he intends to stay only for a limited time (no matter how long), William's residency does not change. In this situation, he is considered a full-year Minnesota resident.

If, on the other hand, William moves to another state with the intention of making it his home permanently or for an indefinite time, he no longer is a Minnesota resident.

Example 3. Patrick retired, sold his permanent home in Minnesota and lives the life of a nomad, traveling around the country in a recreational vehicle. Even though he abandoned his Minnesota home, Patrick is still considered to be a full-year Minnesota resident until he establishes residency in another state.

Criteria used to determine permanent residency
The criteria below will help you determine your state of permanent residency.

Property ownership and residence:

  • homestead status
  • the location of your home
  • your mailing address
  • the amount of time you spend in Minnesota.

Financial data:

  • the location of your bank accounts
  • where you qualify for unemployment insurance
  • the state in which you filed previous resident tax returns
  • the state where you earn your wages.

Licenses and registrations:

  • where you are registered to vote
  • which state issued your driver's license
  • where your vehicles are registered
  • the state in which you maintain professional licenses.

Affiliations:

  • the location of your fraternal, social or athletic memberships
  • where you maintain union memberships
  • your place of worship.

Higher education:

  • where you qualify for in-state tuition

Family and dependents:

  • whether you can be claimed as a dependent on another person's federal income tax return, and if so, that person's state of residence
  • where your spouse or dependents reside.

In summary, no single factor will determine your state of permanent residency. Even though some factors may be more important than others, all relevant factors are evaluated together when determining residency.

Furthermore, certain considerations, such as where you make charitable contributions, play no part in determining your residency.

See:

http://www.taxes.state.mn.us/taxes/individ/other_supporting_content/inctaxfs1.shtml#P31_3099

Under the laws of other states, I suspect that you would qualify under a different set of rules in that state.

Rich

This is information only, NOT legal advice. No attorney-client relationship has been created. Consult an attorney in your state for legal advice regarding your issue.

rvlaw and other Real Estate Law Specialists are ready to help you
Customer: replied 8 years ago.
This kind of answered the question, but I really want to know, if I purchase a second home in a different town, is there a certain amount of time that has to be spent there to consider me a resident. Say if I only spent 4 days a month there, is it considered my residence. Do I have to establish a post office box or bank account to be considered a resident in a different town?

Is the other town in Minnesota or another state? which state?

Rich

Customer: replied 8 years ago.
Reply to rvlaw's Post: It's in Minnesota, same as our current home. In fact they're only about 50 miles apart. We want to have a crafting retreat at our other residence but want to know if we're required to live there so many days a month to constitute our residence instead of a commercial building.

Based on the above, a commercial building will not qualify as a residence under any circumstances.

 

Rich

This is information only, NOT legal advice. No attorney-client relationship has been created. Consult an attorney in your state for legal advice regarding your issue.

Customer: replied 8 years ago.
Can I be a resident in Silver Lake, MN and in Nicollet, Minnesota at the same time? Spending time at each residence. How much time do I need to spend at each residence to be considered a resident of that community?

I need to know what the purpose is for you to establish two residences in the same state.

Rich

Customer: replied 8 years ago.
The one in Nicollet, MN would be to open a crafter's retreat. The city of Nicollet requires a conditional use permit if we are not going to live there. If we want to avoid that permit by living there, how many days a week or month is required (if any) to be considered our residence and therefore be able to open an in-home business - same as a daycare, beauty shop or even lawyers and accountants.

Hi,

I see no MN statutes that cover this very local issue. I suggest you contact Nicollet for the requirements.

 

Rich

This is information only, NOT legal advice. No attorney-client relationship has been created. Consult an attorney in your state for legal advice regarding your issue.

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