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deadroo
New Member

If I am currently living with my parents and working a job in Florida, but I own a house up in Maryland, should I be paying both MD and FL taxes?

I have my primary residence set as my house up in Maryland with my work. When I get my paychecks, there is a MD withholding section that is taking money out of my check for MD taxes even though I am not currently living at my home. Should I contact HR to change my primary residence to Florida even though I am only living with my parents?
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DMarkM1
Expert Alumni

If I am currently living with my parents and working a job in Florida, but I own a house up in Maryland, should I be paying both MD and FL taxes?

It depends.  Establishing and claiming a resident state is all about intent.   Do you intend to return to MD?  I see you still own the property there and your personal things are there.  You are also living with your parents which would appear temporary. Where are you registered to vote?  What state is your driver's license or vehicle registration?  It is the whole of actions you have taken to change your resident state from MD to FL.  Here is the MD guide on residency.  

 

On the surface of your question I would say you are still a MD resident as you still appear to be domiciled there.  However, if you have taken some other steps not outlined in your question to make FL your resident state then you can certainly make FL your resident state on 31 Dec.  

 

If you determine FL is your resident state on 31 Dec and if you moved to FL in 2023, you would still file a part-year MD return for the time in 2023 residing in MD.  In the "My Info" section you would Edit your information to to indicate you lived in another state and select MD and enter the date you established residency in FL.  

 

You would then enter your income as normal in the federal interview.  After that in the MD state interview, you would need to allocate to MD only the income received while a resident of MD.     

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1 Reply
DMarkM1
Expert Alumni

If I am currently living with my parents and working a job in Florida, but I own a house up in Maryland, should I be paying both MD and FL taxes?

It depends.  Establishing and claiming a resident state is all about intent.   Do you intend to return to MD?  I see you still own the property there and your personal things are there.  You are also living with your parents which would appear temporary. Where are you registered to vote?  What state is your driver's license or vehicle registration?  It is the whole of actions you have taken to change your resident state from MD to FL.  Here is the MD guide on residency.  

 

On the surface of your question I would say you are still a MD resident as you still appear to be domiciled there.  However, if you have taken some other steps not outlined in your question to make FL your resident state then you can certainly make FL your resident state on 31 Dec.  

 

If you determine FL is your resident state on 31 Dec and if you moved to FL in 2023, you would still file a part-year MD return for the time in 2023 residing in MD.  In the "My Info" section you would Edit your information to to indicate you lived in another state and select MD and enter the date you established residency in FL.  

 

You would then enter your income as normal in the federal interview.  After that in the MD state interview, you would need to allocate to MD only the income received while a resident of MD.     

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

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