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I am a resident of Nebraska and my son who has been working…

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I am a resident of...
I am a resident of Nebraska and my son who has been working in New York City for the last 4 years. He has a NY drivers license. He is giving up his Apt in NY and leaving his job in finance to attend Standford's MBA Program this Sept. He will be leaving in Stanford's graduate housing in Palo Alto, CA. He currrently doesn't have a car so I was planning on buying one for myself in Omaha and letting him use it in CA for the next 2 years. His permanent residents during this period will be at our home in Omaha. I assume since he is a student and not taking advantage of any CA financial aid he will not be a CA resident. My car will be registered in Nebr and I will have paid Sales Tax in Omaha. I will insure this car with a separate policy disclosing he will be driving it going to graduate school in CA. I assume he will not need to get a CA drivers license, register the car in CA or pay sales tax again in CA. Is this correct ? And is there anything else I should know.
Submitted: 8 years ago.Category: Legal
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Answered in 18 minutes by:
6/15/2010
Lawyer: socrateaser, Lawyer replied 8 years ago
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 40,150
Experience: Retired
Verified

Under Cal. Vehicle Code 516, "Resident" means any person who manifests an intent to live or be located in this state on more than a temporary or transient basis. Presence in the state for six months or more in any 12-month period gives rise to a rebuttable presumption of residency.


The following are evidence of residency for purposes of vehicle registration:
(a) Address where registered to vote.
(b) Location of employment or place of business.
(c) Payment of resident tuition at a public institution of higher education.
(d) Attendance of dependents at a primary or secondary school.
(e) Filing a homeowner's property tax exemption.
(f) Renting or leasing a home for use as a residence.
(g) Declaration of residency to obtain a license or any other privilege or benefit not ordinarily extended to a nonresident.
(h) Possession of a California driver's license.
(i) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.

 

Based on the law, if your son resides within the state for six-plus months, then he will have to register the vehicle in the state, obtain a California Drivers License, and obtain insurance from a California auto insurer.

 

Can your son get away without doing all of this? If he's never stopped by a law enforcement officer and cited, then probably yes. Otherwise, your plan may collapse, if your son is cited.

 

Hope this helps.

 

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