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Get your taxes done using TurboTax
Hello and thanks for reaching out with this excellent question!
Typically, an attempt to establish residency is required to establish a taxable nexus in a new state. Each state has slightly varying definitions of what constitutes residency.
For example, in Virginia, like most states, we have the 183 days rule:
However, typically, you would not be considered a residence if you were merely taking temporary absences / vacations in various states and working from them.
Actions that contribute to establishing residency:
Here are some actions that can help you establish domicile in a new state:
- Keep a log that shows how many days you spend in the old and new locations. (You should try to spend more time in the new state, if possible.)
- Change your mailing address.
- Get a driver’s license in the new state and register your car there.
- Register to vote in the new state. (You can probably do this in conjunction with getting a driver’s license.)
- Open and use bank accounts in the new state. Close accounts in the old state.
- File a resident income tax return in the new state, if it’s required. File a nonresident return or no return (whichever is appropriate) in the old state.
- Buy or lease a residence in the new state, and sell your residence in the old state or rent it out at market rates to an unrelated party.
- Change the address on important documents, such as passports, insurance policies, and wills or living trusts.
The more time that elapses after you move to a new state and the more steps you take to establish domicile in that state, the harder it will be for your old state to claim that you’re still a resident for tax purposes.
I would suggest keeping a record of your locations and dates for review at the end of the tax year. If you do not establish permanent residence, get state level identification, or make other major moves towards establishing a permanent residence you will likely not owe income tax in a state due solely to a short term visit.
I hope this helps!
-Dennis
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