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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
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Experience:  15years with H & R Block. Divisional leader, Instructor
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I live in Mass and spend six months in FL. I am making withdrawels

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I live in Mass and spend six months in FL. I am making withdrawels from both a qualified and non-qualified variable annuities once each year. I also receive a monthly pension. Can I file as part time Mass resident and avoid Mass taxes for the time spent in FL? I would make the annuity withdrawels from FL.
Submitted: 4 years ago.
Category: Tax
Expert:  Robin D. replied 4 years ago.

Hello and thank you for using Just Answer.

You are a Full-Year Resident if your legal residence (domicile) is in Massachusetts or if you maintain a permanent place of abode in Massachusetts and during the year spend more than 183 days, in the aggregate, in the state.

The six months you spend in Mass (@ 30 x 6=180) could make you liable to report all to Mass if the six months have 31 days instead of 30. You need to count the actual days you spend in Mass and if 183 or more then you are a Full year Resident of Mass and will need to report all to Mass as income.

 

The Massachusetts Legislature enacted Chapter 38 of the Acts of 1995 which, among other things, modifies the definition of "resident" found in General Laws Chapter 62, section 1(f). The purpose of this Technical Information Release ("TIR") is to explain the changes made by St. 1995, c. 38, s. 65. The new language reads as follows:

(f) "Resident" or "inhabitant", (1) any natural person domiciled in the commonwealth, or (2) any natural person who is not domiciled in the commonwealth but who maintains a permanent place of abode in the commonwealth and spends in the aggregate more than one hundred and eighty-three days of the taxable year in the commonwealth, including days spent partially in and partially out of the commonwealth. For purposes of clause (2), a day spent in the commonwealth while on active duty in the armed forces of the United States shall not be counted as a day in the commonwealth. The word "non-resident" shall mean any natural person who is not a resident or inhabitant.

 

I sincerely XXXXX XXXXX information is useful,

Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7535
Experience: 15years with H & R Block. Divisional leader, Instructor
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