Domicle not getting caught?

[dcason]

WE currently live in NY state and will be full timing as soon as we get rid of our stuff. Husband was a hard sell but for health reasons I need to get out of this damp climate. I've been doing some reading on domicle. Two of our children live in NY state. One in AZ but I am reading that whichever state you pick, you need to establish "relationships" (think doctors, dentists and spend some time there). I DO NOT want it to be NY but could 2 months per year be enough in AZ to be considered domicle if we have credit cards blasting as many as 5 months per year in NY? Anyone get busted? Don't want that and don't know how much they check.

[Dutch_12078]

dcason wrote:


I THINK you need to live 6 months in FLorida? Not sure where I read that. Florida would be on our list bcause we are there for about 3 months in winter anyway but definetly not six months. I will have to verify this.

You might find the Escapees RV Club Florida domicile guide helpful in understanding the requirements. A 6 month stay is not one of them.

Florida Domicile Guide

[Ro_n_Joe]

In mid 2019, we flew into Florida, set up our domicile in Crestview, FL at the Okaloosa Co Office (both DMV and residence/voting) and it took less than a day. We're using Myrvmail.com as our P.O. address (they also handle Good Sams mail). You don't need to be in Florida any length of time to establish the domicile. You do though need to switch your address and banking/credit card accounts to the new Florida address prior to going to get the licences, etc... to show monthly statements that you've "moved". Used to be good info on Escapees website showing how to set up a domicile.
In fact, we were just in Crestview to switch our Montana registrations to Florida. It was a longer wait this time at the DMV office and found out you can set up an appointment in advance. Feel free to call the DMV in Okaloosa Co because I found them to be very helpful.
Oh, you can also establish the Domicile and get drivers licences w/o registering a vehicle/s in the state.

[dcason]

wanderingbob wrote:
I do not understand what you believe " domicile " means . You can file a " Proclamation of Domicile " and spend zero time in that state . Thousands of foreign service officers , military , out of country workers and many others do it for years . My wife and I spent 13 years out of the states and were " domiciled " in Florida all that time .Come to Florida , ya gotte have a drivers license any way , you can register your truck here , all though none of that is really necessary to claim domicile . No state income tax , get ya a mail forwarder , you never have to come to Florida again .

I THINK you need to live 6 months in FLorida? Not sure where I read that. Florida would be on our list bcause we are there for about 3 months in winter anyway but definetly not six months. I will have to verify this.

[wanderingbob]

I do not understand what you believe " domicile " means . You can file a " Proclamation of Domicile " and spend zero time in that state . Thousands of foreign service officers , military , out of country workers and many others do it for years . My wife and I spent 13 years out of the states and were " domiciled " in Florida all that time .Come to Florida , ya gotte have a drivers license any way , you can register your truck here , all though none of that is really necessary to claim domicile . No state income tax , get ya a mail forwarder , you never have to come to Florida again .

[caysea7254]

We use Americas Mailbox in Box Elder Sputh Dakota. That is our domicile state. We still use all of our Dr's in Indiana without an issue.

[dcason]

yes, selling our house (there are PLENTY of NYC people moving to ulster county and wanting to buy and they have way more bucks in their pocket than locals). We will spend a good 3-4 months here in summer with our kids/grandkids and perhaps in winter. We do camp in COLD weather and do fine. Florida we spend about 3 months in during winter/early spring as well. FLorida for us would be the most likely choice. Not a big texas fan but who knows. First year we are keeping ny. Thanks for you input.

[2g_s]

As suggested, go to the Escapees RV Club web site and start reading on domicile. We sold everything and domiciled in Texas for 16 years of full-timing. We didn't establish anything in Texas. We used medical as we traveled. Eventually we had some more serious issues to deal with so our main docs were where we wintered so we'd have time to complete appts. We registered in Texas and set up our Escapees mail service. We also voted national elections using our Escapees address. If you go to Livingston, TX to set up everything that little town knows all about every single process you need to do and you can get it all done in a day usually. If you're asked to sign an affidavit stating that's where you intend to live eventually, sign it. It doesn't hold you to living there. Anyone can change their mind.

The popular states for full-timer's domicile are Texas, Florida and South Dakota. There are a couple more used depending on your circumstances.

If you're on Medicare and have a good supplement for traveling, health care won't be an issue as you travel. If not, then Florida residency is best at this time through ACA.

It's important to break ties with New York before setting up domicile in another state.

We hung out with many full-timers over 16 years and never heard of anyone getting 'caught'.

[JimK-NY]

ferndaleflyer wrote:
I retired 20 years ago and have homes in 3 states as well as my DP which might be anywhere. .... Looks complicated but has worked for 20 years.

I am willing to bet that none of those States were either NY or CA.

[JimK-NY]

Are you going to sell your home? If not or if you own any residence, you may be a risk of having NY State come after you for income taxes.

Otherwise you should have no issues. When we left NY as full timers we had already sold our house. In advance I set up a mailing service in South Dakota and transferred our bank address to the South Dakota address including having new checks printed. Make address changes with all financial institutions and with anyone who sends you mail. Once you physically leave NY, you will need to stop in South Dakota or other State of your choosing for at least one night. A receipt for the stay should include both you and your spouses names. That receipt and a bank statement with your new address will be all you need to set up new vehicle insurance and to register with DMV. I also recommend submitting IRS Change of Address Form 8822. Although not absolutely necessary it is another verification of your change of address from NY to SD.

I have only one caveat on the change of address. Some banks and other mainly financial institutions want an "actual" address. Your mail forwarding address will include a PMB (Personal Mailbox) number. Avoid any concerns by dropping the "PMB" designation. Just include the number as if it was an apartment number. I would not lie about this, just avoid making an issue when not needed.

There should be no "winging" involved and nothing to be caught about unless you maintain residential property in NY. You will be a resident of SD, or another State of your choosing. Your voting registration will also be in SD, not NY. Same with insurance, both vehicle and medical. I have heard medical can be an issue. We had no problems maintaining prior coverage with just an address change.

[dcason]

Thank you all...don't want to be the one caught due to the money I would have to give them...but it looks like many are NOT caught...so I will wing it.

[ferndaleflyer]

I retired 20 years ago and have homes in 3 states as well as my DP which might be anywhere. I call one home my primary residence although I spend little time there. Most vehicles registered there (no yearly tax or inspection and no emissions on diesels) I vote there, have drivers license there, file income tax there, and maintain a bank account there. I also maintain a bank account at all 3 houses, have ALL credit cards at a different address, another car registered at a different state than the rest, and income from 2 states that I pay taxes on. Looks complicated but has worked for 20 years.

[bucky]

Every case and every state is different. Contact Escapees and don't give yourself an ulcer.

[dcason]

FOLKS! This is the case that got me going on this and I do NOT want NY coming at me for taxes:
https://caselaw.findlaw.com/mn-supreme-court/1385455.html

[stickdog]

Don't know where you need to establish new doctors.
My wife's primary is in Illinois, her dentist is in Colorado, her podiatrist is in Louisiana. We both had minor elective surgery in Texas. I'll be having cataract surgery in Montana this summer.
South Dakota is home we pass through once or twice a year love those Black Hills.