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Author Topic: Establishing domicile  (Read 12430 times)

Smoky

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Establishing domicile
« on: March 24, 2005, 05:49:52 PM »
The original content of this message was deleted by the poster without a heads up to the forum staff. I discovered the deletion by accident almost 3 years later. With some timely notice, we could have substituted something that fits with the responses that folks have taken the time to post.

Apologies folks; You'll have to use the subject line to make your best guess what the original question was.

I've locked the topic top prevent further removal of content.

Tom
RV Forum Admin.
« Last Edit: February 20, 2008, 12:38:01 AM by Tom »
Smoky S  Ham radio - W3PY

The magic of a campfire
where the fish get bigger
the mountains get higher
the hike was uphill both ways
and new friends become old friends

2005 KSDP3910 Newmar Kountry Star
Toad - Taurus wagon w/ axle lock
On our way to the Poudre River in Colorado for the summer!

Ned

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Re: Establishing domicile
« Reply #1 on: March 24, 2005, 06:18:59 PM »
You won't get legal advice here since we're not lawyers, but I can make a few suggestions.  Have you checked with the MT DMV about the order of registering and getting a driver's license?  In TX, for instance, you can't get the DL until all your vehicles are registered in TX.  Where are you buying the motor home?  If in MD, then you don't want to take delivery there.  Find out what the requirements are for keeping it out of state to avoid the sales tax.  If you bring it back to MD to soon you may still be liable for the taxes and registration.  You may not get caught but do you want to take the gamble?

You may want to do some more diligence with both a MD and a MT lawyer before proceeding.
-- Ned -- Fulltimer 1997-2013
1997 Holiday Rambler Endeavor LE
2007 GMC Canyon

Ron

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Re: Establishing domicile
« Reply #2 on: March 24, 2005, 10:02:35 PM »
Smoky,

I don't think I would take delivery in Md.  I'm not a lawyer but I suspect you could be liable for the sales tax in MD if you take delivery there.  I don't think you will have any problem in Mt.  but it might be a good idea to ask your sister if there is anything required to get your license.  You may be able to fly out and get your license as planned with no probem but if you take delivery in MD you could possibly get hooked for the taxes.
Ron & Sam-home is where we park it. Currently located   HERE

Smoky

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Re: Establishing domicile
« Reply #3 on: March 25, 2005, 03:35:18 PM »
I just forked up a grand to resolve these issues.  Very interesting and it turns out there really is a use for attorneys after all, as few of us really know the answer to this question.

« Last Edit: April 11, 2006, 09:15:41 AM by Smoky »
Smoky S  Ham radio - W3PY

The magic of a campfire
where the fish get bigger
the mountains get higher
the hike was uphill both ways
and new friends become old friends

2005 KSDP3910 Newmar Kountry Star
Toad - Taurus wagon w/ axle lock
On our way to the Poudre River in Colorado for the summer!

Ned

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Re: Establishing domicile
« Reply #4 on: March 25, 2005, 03:55:41 PM »
It appears that MD has a more enlightened attitude toward these transactions than some other states :)  The $1000 was well-spent.

Insurance is whole other can of worms :)
-- Ned -- Fulltimer 1997-2013
1997 Holiday Rambler Endeavor LE
2007 GMC Canyon

Tom

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Re: Establishing domicile
« Reply #5 on: March 25, 2005, 04:13:07 PM »
Good news for you Smoky. Glad you finally got to the answer.
Tom.  Need help? Click the Help button in the toolbar above.

BernieD

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Re: Establishing domicile
« Reply #6 on: March 25, 2005, 04:51:13 PM »
I just forked up a grand to resolve these issues.  Very interesting and it turns out there really is a use for attorneys after all, as few of us really know the answer to this question.


Smoky

A lot of us have been trying to tell you that for quite a while. You now have information that you can count on FOR YOUR PARTICULAR SITUATION. I can tell you that if you bought and took delivery of a coach today from a dealer in Arizona or Indiana, the answer would be different. You would have to pay the local sales tax before you drove away. Other states may be the same. MD apparantly is different. I believe that it may be similar in the NY City tri-state area. The answer is "there is no one answer".
Bernie & Marlene Dobrin
Home is Goodyear, AZ
Missing our Travel Supreme

Ron

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Re: Establishing domicile
« Reply #7 on: March 25, 2005, 09:48:17 PM »
Smoky,

That is good news.  It is pretty much what I expected for Montana as you probably seen from my previous posts.  I just didn't have any idea what MD would do.  Since you have established Montana residence let me be one of the first MT property owners to welcome you.  WELCOME TO MONTANA.
Ron & Sam-home is where we park it. Currently located   HERE

Smoky

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Re: Establishing domicile
« Reply #8 on: March 26, 2005, 08:56:19 AM »
Thanks Ron.

Bernie, your main point is correct, each situation will be different.



« Last Edit: April 11, 2006, 09:16:47 AM by Smoky »
Smoky S  Ham radio - W3PY

The magic of a campfire
where the fish get bigger
the mountains get higher
the hike was uphill both ways
and new friends become old friends

2005 KSDP3910 Newmar Kountry Star
Toad - Taurus wagon w/ axle lock
On our way to the Poudre River in Colorado for the summer!

Phil

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Re: Establishing domicile
« Reply #9 on: March 26, 2005, 10:44:51 AM »
The hardest part of this, amazingly, is getting the insurance set.

Smoky,

As Ben Matlock said, ain't nuthin easy.  :)

Phil

Terry A. Brewer

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Re: Establishing domicile
« Reply #10 on: March 31, 2005, 01:06:11 PM »
Smokey

I would set up a account at a local bank & have your retirement checks (if you have any) deposited there. I also had my  Smith Barney stock broker who resides in Ca. get acredited to do business in South Dakota where I domicile. All transactions from him go to SD. I chose not to registar to vote so I wouldn't be called for Jury duty.

Terry

Smoky

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Re: Establishing domicile
« Reply #11 on: April 10, 2005, 07:20:37 AM »
Terry:

That is interesting about jury duty. 
« Last Edit: April 11, 2006, 09:17:24 AM by Smoky »
Smoky S  Ham radio - W3PY

The magic of a campfire
where the fish get bigger
the mountains get higher
the hike was uphill both ways
and new friends become old friends

2005 KSDP3910 Newmar Kountry Star
Toad - Taurus wagon w/ axle lock
On our way to the Poudre River in Colorado for the summer!

Ron

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Re: Establishing domicile
« Reply #12 on: April 10, 2005, 09:51:31 AM »
Terry:

That is interesting about jury duty.  I would hate to get called into Montana in January for jury duty.  I wonder if extended travel outside the state is a good enough excuse to be released?

Sometimes it is but you it would be no different than if you were on an extended cruise and were called.  I think that is just one thing to deal with IF or When it happens.
Ron & Sam-home is where we park it. Currently located   HERE

Gary RV_Wizard

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Re: Establishing domicile
« Reply #13 on: April 10, 2005, 10:32:26 AM »
We have found the Florida court system to be accomodating as far as re-scheduling jury duty when we are away from home.  We tell them we are away and ask for another date, which has always been granted.    But Florida is used to part-time residents whereas other jurisdictions may not be.   And I don't think "we are never in Montana" would be an acceptable excuse, but it is really up to the individual court clerk.

One problem is that you may not receive the notice in time to arrange another date. 10-14 days is fairly typical notice (it will vary by state and the court system calling for jurors) and we often go 3 weeks between mails. My BIL handles our mail, tho, so he usually recognises such things and alerts us.
Gary
--------------
Gary Brinck
Summers: Black Mountain, NC
Home: Ocala National Forest, FL

Smoky

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Re: Establishing domicile
« Reply #14 on: April 10, 2005, 11:48:47 AM »
Well. maybe  won't register.  Not happy with that solution.  Surely others here have had to deal with this and can share experiences?
Smoky S  Ham radio - W3PY

The magic of a campfire
where the fish get bigger
the mountains get higher
the hike was uphill both ways
and new friends become old friends

2005 KSDP3910 Newmar Kountry Star
Toad - Taurus wagon w/ axle lock
On our way to the Poudre River in Colorado for the summer!

Ron

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Re: Establishing domicile
« Reply #15 on: April 10, 2005, 12:31:30 PM »
I am not positive but I think the prospective Jury pool is taken from the voters registration as is SD.  I have been told that Texas uses the drivers license roster.   I wouldn't worry about it.  Besides why register to vote the only choices we have any more is who we belive to be the lessor of the evils. ;D
Ron & Sam-home is where we park it. Currently located   HERE

Terry A. Brewer

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Re: Establishing domicile
« Reply #16 on: April 10, 2005, 01:05:52 PM »
Smoky

>> I wonder if extended travel outside the state is a good enough excuse to be released?<<

Don't know about other states, but there was a couple on this forum that had to go back to SD in the winter time as the state would not allow a change. As usual contact your State for their rules.


Terry
At Yuma, AZ




Smoky

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Re: Establishing domicile
« Reply #17 on: April 10, 2005, 02:11:46 PM »
I never expected to run into this kind of frustration.   :'(
Smoky S  Ham radio - W3PY

The magic of a campfire
where the fish get bigger
the mountains get higher
the hike was uphill both ways
and new friends become old friends

2005 KSDP3910 Newmar Kountry Star
Toad - Taurus wagon w/ axle lock
On our way to the Poudre River in Colorado for the summer!

Ron

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Re: Establishing domicile
« Reply #18 on: April 10, 2005, 02:25:49 PM »
I think the couple Terry alludes to had recieved a call to duty earlier that was postponed to a later date and SD was not going to extend again.  Maybe He will see this post and give us the facts.  We have received notices but just called and let them know we are out of the state on extended travel and they have never had a problem with it.  I just wouldn't let it concern me if you get called and are not in the area just tell them that.  If they insist you be there, which I doubt they will, just ask them to provide airfare round trip from where your at.
I have never received a jury notice in Mt.
Ron & Sam-home is where we park it. Currently located   HERE

Tom

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Re: Establishing domicile
« Reply #19 on: April 10, 2005, 04:34:36 PM »
Quote
I have never received a jury notice in Mt.

Jury, in Mt? I thought they strung 'em up from the nearest tree without a trial.
Tom.  Need help? Click the Help button in the toolbar above.

Ron

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Re: Establishing domicile
« Reply #20 on: April 10, 2005, 04:45:19 PM »
Hmmmm.  Maybe that is why I haven't been called. ;D ;D
Ron & Sam-home is where we park it. Currently located   HERE

Smoky

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Re: Establishing domicile
« Reply #21 on: April 11, 2005, 09:04:22 AM »
Ron:

It might be because you have resided there for a number of years. 

Most states, not all, use voter registration changes, not the master list, to find their candidates.  New people moving in, and people changing their party are, in most states, more likely to get called. 

When I first retired I used to change parties once a year so I could get jury duty.  It was a pleasant diversion and I enjoyed the courtroom drama.  But after a few years that wore thin so I stopped changing parties.  I think political parties are the most useless thing I have ever seen on earth, other than for manipulating them and getting on jury duty  :D

I always try to vote for the person with the best moral character, regardless of party, though that is hard to decipher through the spin, and rare to find something worth voting for.
Smoky S  Ham radio - W3PY

The magic of a campfire
where the fish get bigger
the mountains get higher
the hike was uphill both ways
and new friends become old friends

2005 KSDP3910 Newmar Kountry Star
Toad - Taurus wagon w/ axle lock
On our way to the Poudre River in Colorado for the summer!

Ron

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Re: Establishing domicile
« Reply #22 on: April 11, 2005, 11:28:56 AM »
That may be the case. 
Ron & Sam-home is where we park it. Currently located   HERE

Bob McNabb

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Re: Establishing domicile
« Reply #23 on: May 28, 2005, 07:30:46 AM »

Insurance is whole other can of worms :)

If you appear before a MD licensed insurance agent as a MT resident, the MD agent will be unable to write your insurance. If you explain your "temporary" residency (until your MD home is sold) your MD agent will be on the thinest grounds so far as binding coverage. As you state that you'll have a MT drivers license, I assume you'll have relinquished your MD license. As a CA insurance broker, I'd hesitate in such a transaction.

To complicate this picture further, your MT drivers license is not proof of residency, as you are still employed in MD and perform your job there. From an insurance standpoint, you're in kind of limbo. I believe that you'll soon face the need for effecting your insurance in MT. 

Were you in CA in a similar situation, CA DMV would require that you have a CA drivers license if you were employed in CA. I would suspect that MD has similar regs.   
Bob McNabb
2004 HR Scepter DP
1998 Saturn toad

San Diego, CA

Ron

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Re: Establishing domicile
« Reply #24 on: May 28, 2005, 07:59:59 AM »
I believe Smoky is among us Gainfully unemployed individuals so since he has no employment in MD and has basically sold his holdings there they should not consider him a residence there.  Since he has established residence in MT he shouldn't have any problem getting insurance in MT.
One of the benifets of being retired. ;D ;D
Ron & Sam-home is where we park it. Currently located   HERE

Smoky

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Re: Establishing domicile
« Reply #25 on: May 28, 2005, 10:38:01 AM »
Correct Ron.



Insurance is not a problem, as companies like Progressive do this over the phone. 
« Last Edit: April 11, 2006, 09:18:43 AM by Smoky »
Smoky S  Ham radio - W3PY

The magic of a campfire
where the fish get bigger
the mountains get higher
the hike was uphill both ways
and new friends become old friends

2005 KSDP3910 Newmar Kountry Star
Toad - Taurus wagon w/ axle lock
On our way to the Poudre River in Colorado for the summer!

Bob McNabb

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Re: Establishing domicile
« Reply #26 on: May 28, 2005, 11:53:28 AM »
Smokey, when posting, I did not have the information of your having terminated your employment in MD and your home sold there. There is always going to be a specter of licensing requirements when accepting employment in various states. In CA, beware! The state is hell bent for collection of revenue....this was the major issue when there was a recall election. You have 10 days to relicense your vehicle and get a driver license. Of course, others will point out that there are many residents of CA who still have out-of-state licenses, but the issue is mainly employment as there's a "cross-check" with withholding of income tax. Commuters from border states have an "exception".

Any income earned within a state is subject to the income tax, if any, in that state. If you are selling a product within a state that has sales taxes, there could be an issue concerning the collection of those taxes. There could also be a business license required (you mentioned your consulting business). I'm just touching on the various things that cloud "business and income" when crossing state borders. I'm neither a tax man or attorney but as a longtime business insurance broker, I've been witness to the many questions that occur with my multi-state accounts. California businesses have become sensitive to licensing of their new employees and we do "checks" on new drivers for underwriting reasons.
Bob McNabb
2004 HR Scepter DP
1998 Saturn toad

San Diego, CA

Smoky

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Re: Establishing domicile
« Reply #27 on: May 28, 2005, 12:20:55 PM »
Good points Bob.

« Last Edit: April 11, 2006, 09:19:23 AM by Smoky »
Smoky S  Ham radio - W3PY

The magic of a campfire
where the fish get bigger
the mountains get higher
the hike was uphill both ways
and new friends become old friends

2005 KSDP3910 Newmar Kountry Star
Toad - Taurus wagon w/ axle lock
On our way to the Poudre River in Colorado for the summer!

Bob McNabb

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Re: Establishing domicile
« Reply #28 on: May 28, 2005, 04:49:50 PM »
Smoky, if you have a "workplace" within a state, you're going to be subject to whatever income taxes apply in that state. This certainly doesn't apply to a travelling salesperson who is domociled in another state. We're talking about placing you in a workplace like an office or campground even if it's a seasonal job. This is becoming serious business, as many states have watched revenues flying out the window.

After all, they have to pay for the illegals who get sick so mind your manners about paying those taxes.
Bob McNabb
2004 HR Scepter DP
1998 Saturn toad

San Diego, CA

Bob Zambenini

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Re: Establishing domicile
« Reply #29 on: May 28, 2005, 05:00:58 PM »


I am wondering now if I work in 5 different states if I will have to file 5 different income taxes?

And what about people who work from home for a national company?  Like hot line employees.  How do they figure out what state to pay?

I know professional sports players, like NBA, NFL and MLB and golfers, file returns in each state where they play. There salary is proportioned by the number of games they play in each state and file state and local taxes accordinaly.

Bob

 

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