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ydnarb971
New Member

Can I have a Colorado temporary address but be domicile in Michigan?

 
1 Best answer

Accepted Solutions
TomD8
Level 15

Can I have a Colorado temporary address but be domicile in Michigan?

The answer to your question is Yes.

Your domicile is the location of your main, permanent home.  It is your State of Residence for tax purposes.  Your domiciliary state can tax all your income, regardless of where you earned it.

If your domicile is outside Colorado and you are living in Colorado temporarily (less than six months), you are a non-resident of CO.  CO can tax non-residents only on CO-source income.  In that situation you'd be a non-resident of CO and a domiciliary resident of MI.

If you are in CO more than six months of the tax year and you maintain a "permanent place of abode" (such as a rented apartment) in CO, you are a statutory resident of CO, and CO can tax all your income.  It is possible to be a statutory resident of one state and a domiciliary resident of another state.

Here are CO's residency rules in detail: https://www.colorado.gov/pacific/sites/default/files/Income6.pdf 

 

If you have to pay taxes to a non-resident or statutory-resident state, you can take a credit on your home state return for those taxes.  This avoids double taxation.  

 

In the personal info section of TT, enter your domiciliary state as your State of Residence (which may be different than your mailing address).

**Answers are correct to the best of my ability but do not constitute tax or legal advice.

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2 Replies
SteamTrain
Level 15

Can I have a Colorado temporary address but be domicile in Michigan?

Depends on your situation.

 

Temproarily in CO includes....Temporary job.....Undergraduate college student....retired and RV lifestyle moving around the country......might even consider  TDY Military Posting.  But if in CO for a civilian job lasting more than 183 days, the state may consider you to be domiciled there.....depends on what state is involved.

 

1)  You use the mailing address that you would want any mail-filed refund, or communications from the IRS to go to and you are sure to get any of those communications.   (even if you choose a refund to direct-deposit...some errors end up having refunds sent by mail).

 

2)  The Mailing Address in the software does NOT set the state that the taxes are to be filed in.  There is a separate question for indicating your state of Domicile.  Actually, the software uses State of Residence when you edit your name and SSN in the Personal Info, or My Info section....they want your state of domicile.

 

 

____________*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*
TomD8
Level 15

Can I have a Colorado temporary address but be domicile in Michigan?

The answer to your question is Yes.

Your domicile is the location of your main, permanent home.  It is your State of Residence for tax purposes.  Your domiciliary state can tax all your income, regardless of where you earned it.

If your domicile is outside Colorado and you are living in Colorado temporarily (less than six months), you are a non-resident of CO.  CO can tax non-residents only on CO-source income.  In that situation you'd be a non-resident of CO and a domiciliary resident of MI.

If you are in CO more than six months of the tax year and you maintain a "permanent place of abode" (such as a rented apartment) in CO, you are a statutory resident of CO, and CO can tax all your income.  It is possible to be a statutory resident of one state and a domiciliary resident of another state.

Here are CO's residency rules in detail: https://www.colorado.gov/pacific/sites/default/files/Income6.pdf 

 

If you have to pay taxes to a non-resident or statutory-resident state, you can take a credit on your home state return for those taxes.  This avoids double taxation.  

 

In the personal info section of TT, enter your domiciliary state as your State of Residence (which may be different than your mailing address).

**Answers are correct to the best of my ability but do not constitute tax or legal advice.

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