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Let me start by saying I'm a sea lawyer, not a real one!! I believe what
you are talking about is establishing a new domicile. My understanding is
that the problem is not one of establishing domicile in a new state , but
of establishing a change of domicile from the state in which you are now
located. Every state is happy to collect taxes - death taxes in all, income
tax in some, and intangible tax in Florida. Therefore, if you tell them
you're domiciled there and a resident, they'll never argue. Now, the state
you left and to which you don't want to pay taxes, that's a different story.
You must prove that it is your intention to reside in the new state and/or
to return there when you leave it. This is as much a state of mind as
anything, but there are a number of physical actions which can be taken to
prove your state of mind. The list includes:
- A new will drawn up in conformity with the new state's laws and stating
that as you place of residence.
- Bank and other financial accounts located in the state or at least with a
mailing address in the state
- Driver's license and car registrations
- Boat registrations
- Amateur radio license, pilot's license, fishing license, etc. addresses
- Voting registration
- Affidavit of domicile filed in the County Clerk's office (that's the
document to which you refer)
- Payment of state intangible tax if owed
- Membership in local organizations including church, charitable,
fraternal, private clubs, etc.
and on and on and on.
If you have all or most of these items and can say with a straight face
that you consider yourself to live in the state or expect to return there
when you do return to the country, it is my understanding that you are
fairly safe from attack by your previous state. A permanent address is not
mandatory as exemplified by Pres. Geo. Bush's use of a hotel room in Texas
as his legal address. You may remember he also had to fight off an attempt
by Maine to say that he resided in Kennebunkport and so was liable for
Maine taxes.
Although the income tax rules may differ somewhat from state to state, the
general rule is that you owe them in the state in which you are domiciled,
in a state in which you reside for more than 6 months, and in a state where
income is earned. Tax credits may or may not be available to nullify double
taxation.
Any real or better sea lawyers than I are welcome to correct the above.
Tom
At 10:12 PM 10/1/2000 -0400, Don Dement wrote:
>"Philip J. Rosch" wrote:
>
> > Does anyone have any comments (good or bad) about this service? It
> seems to
> > beat St. Brendan's Isle on paper. I'm planning to establish a Florida
> > residency before full time cruising starts next fall since Florida seems to
> > be a lot more tax-friendly than Rhode Island. Is there anything besides an
> > "address" and a drivers license necessary to establish residency?
> >
> > Regards...
> >
> > Phil Rosch
> > "Dolly Surprise" MT-44DC
> > Wakefield, RI
>
>On the subject of Florida residency, I understand from good sources that
>you can
>officially declare to the state that you intend to be a bonafide resident by
>providing that information on a simple form. It is said to be sufficient
>so that
>the various actions that are always recommended to assure that intent
>(driver's
>license, voting residence, etc.) are not necessary.
>
>I'm also interested in this, so can someone fill us in on this?
>--
> Don Dement
>M/V Merrymar -- DeFever 48 -- Annapolis
