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bizmatters, Attorney
Category: Tax
Satisfied Customers: 1132
Experience:  Licensed Practicing Attorney
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How many months out of a year does one have to live in a state

Resolved Question:

How many months out of a year does one have to live in a state to claim residency there? What other factors establish residency?
Submitted: 8 years ago.
Category: Tax
Expert:  bizmatters replied 8 years ago.



Thanks for your question.


My answer assumes your primary residence is in NC and you want to switch to Florida.


NC will assume you have only temporarily left the state as long as you do not break residency sufficiently to definitively show an intention of having residency in Florida.


Residency for tax purposes is determined by where you have your main home and where you spend the majority of your time as well as:


1. owning real estate (a home)

2. where you have your car registered

3. where you get your mail

4. where you have bank accounts

5 where your wife and children are

6 where you are registered to vote.


So to make no issues or have little resistance with breaking residence, you


1. buy a home in FL

2. register your car in FL

3. get a FL drivers license

4. get Car insurance indicating the car is garaged in FL

5. set up bank accounts in FL

6. register to vote in FL

7. change your mailing address to a FL address.


Spend less time in NC than you do in FL AND


during the year you break residence you will be considered a part year resident of NC.


If you continue to have NC sourced income, NC will have a claim for taxes against that income.


Customer: replied 8 years ago.

My company is based in North Carolina so my paychecks will come from a NC company, I don't know why I would have to pay NC taxes on that money if it is a salary paid to me at my residency.

I have worked for company based in other states but didn't pay taxes to their state where they where located.

Please clear this up for me.

Expert:  bizmatters replied 8 years ago.



The state of NC has a law that requires that they can assess and claim taxes on all NC sourced income. For NC this means income earned from providing services in NC. If you are paid by a NC company for services performed in Florida, then you have nothing to worry about during the period you are a resident of Florida. (under current law).



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