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From: Ed Kelly (no email)
Date: Tue Mar 06 2007 - 06:33:03 EST
The laws on residency in most states are primarily and over-simply
stated as thus:
1) If you have ever been a resident of a state, it is usually
established by (a) your prior residence there and (2) some evidence
of an intent to remain or return there (at some time in the past).
2) The last state where you were a legal resident remains your legal
residence in the future until and unless you legally establish a new
state of legal residence. (see number 1 above.)
The law presumes your last state of legal residence remains with you
until you legally establish a new state of legal residence
Your state of legal residence can determine much by law, i.e. :
a) what is done with your property when you die - (under the law
unless you have a legally binding Will there is a law of intestate
succession in every state that determines who gets you stuff - take a
look at the hassle over Anna Nicole Smith's demise)
b) responsibility for payment of taxes - just being physically
present somewhere else on a boat may not relieve you of the the civil
and criminal penalties of your state of residence. (taxes can include
both property and income tax - but states have been restricted in
trying to reach too far by Federal authorities, i.e. state sales and
state use taxes are limited by Federal laws)
c) duties to serve on juries when called,
d) benefits and welfare for state residents - college in-state
tuition is usually restricted to only residents, as is right to
collect welfare and other benefits of the state, etc. etc.
Folks who have tried to 'drop out' have a difficult time. Posse
Commitatis (misspelled) folks have tried to claim they resign their
state residence to avoid state taxes without much success.
Folks who try to establish residence (ie for Tuitiion or tax
benefits) similarly have been left high and dry by state authorities
who argue the person has not met the requirements in #1 above - ie
they have a drivers licence or other license current from another state.
Taxes originating on pensions and other benefits - including income
taxes - are usually controlled by your state of residence regardless
of where you are - though both states may excert a claim. They get
around the conflicts by often providing a Credit for taxes paid to
another state. I think federal tax laws are continued outside the
US, again subject to credits - but I have not done that or research
it and do not know.
But you can be held responsible for enforcement of United States laws
anywhere in the world. If you do not believe you can, ask General
Noriega in his Federal Jail Cell.
Disclaimer: Although I believe the above is an oversimplified but
accurate summary and I personally rely upon it, DO NOT RELY UPON THIS
AS LEGAL ADVICE AS I WILL NOT BE RESPONSIBLE FOR ANY ADVERSE
CONSEQUENCES OF YOUR FOLLOWING IT. Consult your own lawyer if its
important enough to matter. <grin>
Ed Kelly
On Mar 5, 2007, at 2:25 PM, James Maynard wrote:
> The Wanderer wrote:
>> Thanks for all the mail drop information.
>> I was also wondering, if a person were willing to give up driving
>> and voting and wasn't particularly interested in regular mail, how
>> much disconnecting from the establishment could he do before the
>> establishment took exception?
>> I know that I would want to pay income taxes. Does anyone know if
>> this requires an address? When I was in the navy I [sometimes]
>> filed state income tax forms, but I wasn't required to pay any tax
>> since I spent no and had no income in time in the state for which
>> I filed. And I'm pretty sure I didn't file with any state some years.
>> Is it functionally illegal not to live in a particular "place".
>
> I am not a lawyer or a tax specialist, so I am not qualified to
> give legal advice. Take this as worth what it costs you: nothing.
>
> It's my impression from reading earlier posts on this subject, that:
>
> 1. You do need at least a mailing address when filing fedral U.S.
> income taxes. If you can prove that you lived abroad -- outside
> the USA and its dependencies, you might not be liable for federal
> income tax.
>
> 2. If you are relying on retirement income such as a pension or a
> 401(k), the state or states in which you earned that pension may
> have a claim on it for income tax purposes. (It's deferred income
> that was earned in that state or state, and the fact that it was
> earned there makes it liable for state income taxes.)
>
> 3. In chosing a state for your legal domicile, you may wish to
> consider that most states levy both income and sales taxes, while
> some have income taxes but no sales taxes (e.g., Oregon, where I
> live), and others have sales taxes but no income taxes (e.g.,
> Washington). If a state has no sales tax, its income tax rate is
> likely to be higher than for other states that do have sales tax.
>
> 4. A state may consider you to be a resident of that state if you
> spend more time in the state each year than in other states, or if
> you spend more than half the year in that state.
>
> 5. All in all, it's a complicated subject, and you would be wise
> to consult a lawyer!
>
> --
> James Maynard
> Salem, Oregon, USA
>
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