Are expats liable for state taxes ?

[Bang4dabuck]

For the last 7 years since establishing what I consider RESIDENCE in a foreign country I have not filed Maryland income tax returns. I, Turbo Tax and many people considered that this was appropriate. Now it appears rather gray with such considerations as to banks and other financial institutions I use my fathers address in Maryland, I kept my Maryland drivers license even though I am car-less, my visa in the Philippines is that of a tourist which I can renew up to 3 years before making what they call a visa run and I am also registered to vote in Maryland because I felt it was my duty. Anyways these are the main things I see they can hold against me despite the fact that I only VISIT my 92 year old father for 2 months a year and actually hadn’t been here since June 2019 due to the pandemic until this summer. Since it is gray and even the state initially jumps on the 181 day presence rule I think I should stay the course and let them definitively tell me I am unequivocally and legally a Maryland state resident. I am not one to complain about paying my fair share of taxes and do but this just seems unreasonable. Anybody have the know or experience with this in a similar situation ?

[TomD8]

Basically it's a question of domicile.  Your domicile remains Maryland until you abandon it and establish a new domicile in another state or country.

Maryland has a very detailed memorandum on this subject:

https://www.marylandtaxes.gov/forms/Tax_Publications/Administrative_Releases/Income_and_Estate_Tax_R...

[Mike9241]

this is what MD tax return instructions say

WHO IS A RESIDENT?
You are a resident of Maryland if:
a. Your permanent home is or was (?) in Maryland (the law refers to this as your domicile). - was  I think must refer to the current tax year  otherwise anyone who ever had a permanent home in MD would always be considered a resident
OR
b. Your permanent home is outside of Maryland, but you maintained a place of abode (a place to live) in Maryland for more
than six months of the tax year. If this applies to you and you were physically present in the state for 183 days or more,
you must file a full-year resident return.  

the issue that MD could raise is the use of your father's address especially if you stay there. It could argue you are maintaining a place of abode in the state that coupled with your driver's license if it uses your father's address. 

the fact that you use MD based banks and financial institutions does not create domicile key in determining residency. however, were you to own say rental property in MD, then even if you are not a resident you would be responsible to file a non-resident return to report the rental activity.

[Bang4dabuck]

Yeah, physically in another country but registered to vote which is what I was taught was my civic responsibility but would relinquish given the penalty and would’ve not gone out of my way to register had I been informed. Maybe I should get with MY state senator to give him the low down on the states incentive to vote

[Bang4dabuck]

My using and staying at my fathers address seems like it could be a problem. I guess they don’t think I should stay in a hotel or Airbnb and obviously don’t want me to vote. I do have a Filipino drivers license so no need for the Maryland, what was I thinking ? 

Ok, still seems marginal whether I’m to file. To me it should be if you answer YES ( or NO ) to all of the above then …