Different Legal Residence Address

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Cant Wait

Cant Wait

Well-known member
Joined
Feb 19, 2010
Posts
726
Location
Jamestown, NY
When the DW retires she'll draw a state retirement. As long as she lives (has a legal residence) in the state she will not have to pay state income tax, but once she moves out of the state she will have to pay state income tax.  Is it possible for her to keep a legal residence in our current state (NY) while I have a LLC out of say Montana for myself and our RV as my legal residence?
 
Are you sure of the requirement to pay income tax on the income for her.  CA had a similar requirement but broader in that it applied to all who earned a retirement working for a company in CA.  This was struck down a couple of years before we retired so we didn't and don't pay tax to CA.  Make sure as it will solve many problems that can occur with a split domain situation of husband and wife.

Talk to a good CPA/Lawyer to get the facts.

NY should have NO strings attached.
 
Your RV itself is never your legal residence - you can live in it, but you have a "domicile" in some state. It doesn't have to be your wife's domicile (legal) state, but things get complex if you two have any shared property, e.g. the coach or the LLC that owns the coach.  I think you need legal advice to arrange something as complex as what you propose. I would not try to say whether it is legit or not.

Since you are dealing with a NY state tax problem, the only laws that are relevant are New York's. The trick is to find a loophole that will stand up in NY courts.
 
Yeah, there's a lot of expertise here on the forum but I sure think talking with a tax attorney is in order for this.  The best you can get here is informed opinions and there's too much at stake to rely on just that.

good luck.

Rick
 
Thanks, just wanted to see if anyone was doing this. There are about 4 states that we can use as legal residence without having her NY retirement taxed there, S.Dakota, Texas, Florida, and one other I can't remember.
 
Also be aware that lots of states are cracking down on LLCs.  So if you show residence in New York and set up an LLC, they could come after you for unpaid taxes.  That's been the case in Colorado and California; as well as some other states.  States are so down on revenue, they are looking everywhere to find income.

Marsha~
 
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