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Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 12672
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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Resident wants to rent my home and move to Florida. I

Customer Question

I am Virginia resident wants to rent my home and move to Florida. I purchased a home in Florida few months ago that is also rented, I but do not physically live any where because I am travelling consultant, travel all over North east and where ever I work I pay taxes of that state quarterly, How do I declare my change of domicile from VA to Florida. What steps should be taken. I pay quarterly taxes both in VA and NY though I don't work in VA but I get the refund at the end of the year.
Thanks.
Submitted: 1 year ago.
Category: Tax
Expert:  Lane replied 1 year ago.

Hi Maggie,

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Right ... It sounds like VA is till your resident state (from VA taxing authority's perspective) but you're getting that credit for taxes paid to another state.

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(Section 332 of the Code of Virginia makes out-of-state tax credit provisions for income that is taxed by more than one state. The credit is restricted to certain types of income. The intent of the law is to address double taxation when income is generated in more than one state)

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There is no one action or form that will establish Domicile in Florida. But the items that would be looked to by VA in not taxing you as a resident would be Florida Identification Card and Driver License Information - Florida also has a process for swearing (see this from FL 222,17)

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"Any person who shall have established a domicile in this state may manifest and evidence the same by filing in the office of the clerk of the circuit court for the county in which the said person shall reside, a sworn statement showing that he or she resides in and maintains a place of abode in that county which he or she recognizes and intends to maintain as his or her permanent home."

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Doing this (sworn statement, above), registering to vote in Florida, acquiring a Florida drivers license, and having mail sent to a Florida Address are the four generally accepted methods, that when all are done constitutie reasonable proof.

Expert:  Lane replied 1 year ago.

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I hope this has helped.

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Please let me know if you have any questions at all.

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If this HAS helped, and you DON’T have other questions … I'd really appreciate a positive rating (using the , faces, or stars on your screen, and then clicking “submit”)

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That’s the only way JustAnswer will credit us for the work here.

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Thank you!

Lane

I hold a JD (Juris Doctorate, a doctoral degree in the law), with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in finance & tax, as well as CFP® and CRPS designations. - I’ve been providing financial, Social Security & Medicare, estate, corporate & tax advice since 1986.

Expert:  Lane replied 1 year ago.

Hi, Did you see my answer?

Expert:  Lane replied 1 year ago.

Hi,

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I’m just checking back in to see how things are going.

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Did my answer help?

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Let me know…

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Thanks

Lane