Anyone ever get in legal trouble over residency issues?

I have read that SD does not have a health insurance provider on the obamacare exchange that offers a national provider network.... if that would matter in your situation, it's worth considering.

ellenbehr wrote:
We're SD domicile, and I agree with the advantages everyone here has noted about choosing it.

We started full-timing in 2009 and never had a problem with using a domicile address until we changed banks. Because of the domicile address, the bank tried to say we didn't have a "residency." SD considers domicile addresses to be residencies, but this bank didn't seem to think so. They pointed to the Patriot Act and said their hands were bound.

I got a hold of the Patriot Act, and between snoozes (!! it's of course very dull reading) saw that it's up to the BANKS to determine how residency is confirmed. This was all put into place because terrorists tend to use postal boxes in places that rent them to people.

We eventually got the issue resolved, but the bank was the first place we'd ever run into questions about having a domicile address instead of what most people consider a "residency" address.

Has anybody else run into this, btw?

I'm new to this and still haven't picked a domicile (I'm still using the state that we own a now rental home in and launched from) -- what bank was this?

We're SD domicile, and I agree with the advantages everyone here has noted about choosing it.

We started full-timing in 2009 and never had a problem with using a domicile address until we changed banks. Because of the domicile address, the bank tried to say we didn't have a "residency." SD considers domicile addresses to be residencies, but this bank didn't seem to think so. They pointed to the Patriot Act and said their hands were bound.

I got a hold of the Patriot Act, and between snoozes (!! it's of course very dull reading) saw that it's up to the BANKS to determine how residency is confirmed. This was all put into place because terrorists tend to use postal boxes in places that rent them to people.

We eventually got the issue resolved, but the bank was the first place we'd ever run into questions about having a domicile address instead of what most people consider a "residency" address.

Has anybody else run into this, btw?

I do know of a friend who got into some hot water about residency. He was trying to 'double dip' so to speak. Claiming residency in one state for vehicles and drivers license, another for income tax and another, where he actually owned property, he tried to get a resident fishing license.

well they gave him his resident fishing license based on his 'claim' he was moving there but the in 3 weeks (amount of 'grace' to register vehicles) they notified the state where the vehicles were tagged...long story short he made a mess for himself.

State residency is what you declare. in any case it only becomes illegal if you try to use resident rights and privileges in a non-resident/ non-domicile state. its not a buffet line, its a complete package ...you can't pick and choose the best from every state.

Executive wrote:
When deciding on a domicile state as a full timer, be sure to check on health insurance and coverage in States other than your domicile State.

Insightful post.... can you expand on this health insurance topic? I'm not quite getting what you mean. Thanks!:)

We chose South Dakota for a number of reasons. 3%, now 4 sales tax, no income tax, cheap vehicle tags and they are RV friendly. Only reason you have to go there is to get your DL. A one night stay is mandatory and the receipt must accompany your application. To renew, you must do it all over again. Vehicle registration is done by mail. Like OleBiscuit, we declared SD as our domicile state even tho we own property in several other states. All our bank records, voter registration etc. are sent to SD. When deciding on a domicile state as a full timer, be sure to check on health insurance and coverage in States other than your domicile State.

There are some states that are very active in chasing tax money, California is certainly one of them. If you work in California, they will, no doubt, at least look at you....Dennis

Thanks for the responses. This makes me feel a bit better... usually if there's any question in a topic like this, people chime in with all sorts of horror stories. I think my case will be cut and dry with regard to leaving my old state (VT - high tax) since I have not job, family, or property there. I think I was just worrying too much about the complexity - had in my mind that you were 'supposed' to be in Florida 6 months a year to claim domicile, but I think I had it backwards - that if you are in some states 6 months it might be hard to NOT claim it as domicile. Still some reading to do, but feeling a little less stressed....

rkortes wrote:
…..One of my full-timing buddies told me that you shouldn't spend more than 6 months in a particular state without being considered a resident. He is originally from California but now domiciles in Texas (Escapees). ….

Each state has their own definitions of a resident. In Arizona it is being continuous for over 7 months. Other states have different definitions. Generally if you aren't working, there isn't much of a problem. However, local jurisdictions may impose personal property taxes on RVs in a park longer than 30 days - so you need to do a little research when making decisions about long term stays.

Barb

mabynack wrote:
I've seen it in the military. It's mostly centered around taxes or trying to vote in more than one state. I've also seen guys get ticketed for having a registration from one state and driver's license from another.

As long as you comply with the state residency requirements you should be okay.

You've seen military get in trouble? I know folks in the military who don't know the rules but it is pretty simple and similar to full-timing but with caveats.

My domicile is Louisiana, my home of record and home state. I vote there. My vehicles are registered there and my drivers license is there. I live wherever the Navy tells me to live. The laws do allow me to register my vehicle in the state I'm stationed or my home state which normally only applies when I buy a car and it simpler to register locally at first. Louisiana does have the benefit of having cheap vehicle registration and permanent tags for trailers including TTs.

Now, as to "domicile police," you better believe they exist in certain states. I have had multiple run ins with CA although always resolved successfully. They sent a letter every year saying it looked like I lived in CA but didn't pay CA taxes. That was easily resolved by checking the box on the form on military. However, we also got a nasty gram from the CA highway patrol that our car with LA tags had been observed in CA over an extended time period and we owed a $500 fine in addition to having 30 days to register it in the state. The trooper I talked to it when I declared I was protected by law was not friendly and tried to pull "well your wife probably isn't so she's owes the money." I keep things in my name for that reason but law now protects military spouses.

As a full-timer, I would not stay in one location in CA an extended period without being a CA resident. I would also be careful if you have income from a state not your domicile. That doesn't mean that state is your domicile but it doesn't necessarily avoid that state's taxes either.

It's perfectly OK to have a residence/domicile in one state and have a car registered in another state. We live in NH and have a place in FL, where we keep a car. That is our FL car. We aren't going to register it NH and have to bring it back annually for an inspection. Our drivers license is NH. There is nothing illegal, deceitful or whatever with that.