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userID2784
Returning Member

Starting new job/moved to state with no income tax. W4 filing?

I recently (2 days ago) moved to FL where there is no state income tax. I have always been a MI resident. I am starting a new job that is remote and need to fill out my W4's and return them before tomorrow. I am confused as to if I should use my new FL address or my MI permanent address (as listed on my current drivers license). I do have a signed lease and could easily go obtain a FL driver's license/change my permanent address because we plan to remain in this state for the next 11 months minimum. I am just unsure if I'm allowed to use my FL address on my W4 as soon as tomorrow while still holding a MI drivers license, voters registration, car insurance, etc. (obviously can/will change these things to FL if needed). Also saw some rules online that you must reside in FL for 6 months minimum to qualify for the income tax exemption. Thanks for the advice!

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Starting new job/moved to state with no income tax. W4 filing?


@userID2784 wrote:

This looks as though I may need to complete one of these for the state of FL as well? As far as filling out the W4 which needs to be turned in tomorrow (5/13) for my start date on Monday (5/16).. I am still unsure how to proceed. 


Let's go back, there's some needless confusion been added.

 

It doesn't matter what address you put on the W-4.  Use whatever address you want your employer to send your paycheck or other important mail.  

 

Generally, in most states with income tax, the state will have a separate withholding form (in New York, it's called IT-2104), but if you only fill out a W-4, your employer can generally extrapolate what your state withholding should be.  Since Florida has no personal income tax to withhold, there is no separate withholding form for your state income tax and you only need to file a W-4.  Since Florida has no personal income tax, there is no 6 month minimum (although there may be minimum residency requirement for other tax breaks, such as vehicle taxes or property taxes, but you will have to ask in Florida.  Try your county's tax assessor office.)

 

Regarding state income tax responsibility.  You are considered a Michigan resident and owe MI state income tax on all your world-wide income until you do two things: 

1. abandon your MI residency (or domicile)

2. establish a new permanent residency (domicile) some place else.

 

The location of your domicile is determined by analyzing many factors and is not determined by the date on any one particular document.  Your domicile is your permanent home, it is where you have allegiance.  Some factors include the location of your permanent home, your friends, church, significant social and business relationships, , doctor, dentist, voter registration, and so on.  It is possible to be away from your home for a long time without actually changing your domicile.  

For example, if you move to Florida but you are unsure if or when you might move back to MI, and you maintain connections to MI (property, professional relationships, relatives you visit often) then MI might still consider you an MI resident.  

Changing domiciles requires that you actively abandon your old domicile and set up a new one.  But there is no minimum time frame required.

For example, if you sell your MI home and move to Florida with the intent of making it your new permanent domicile, and you take other steps like changing your doctor and dentist and so on; but it doesn't work out and you decide to move back after 6 months; it may still be the case that you changed your domicile to Florida and then changed it back.

 

The date you change domiciles is the date it actually happened, regardless of when you get the paperwork fixed.

For example, you moved into a Florida home on May 5, with a lease that was effective May 1.  Your old lease in Michigan expired May 31.  You update your car registration and drivers license in July, your voter registration in August, and you see your new Florida dentist in November.  The date you changed domiciles was May 5, even though specific bits of paperwork that prove you changed domiciles were dated before or after the actual move.

 

If you changed domiciles, you will owe MI income tax for the period of time you lived in MI, and you would file a "part-year resident return" at the end of 2022.

View solution in original post

5 Replies

Starting new job/moved to state with no income tax. W4 filing?

Michigan will consider you a MI resident for tax purposes until you change your domicile to another state.  Michigan publishes a form explaining their criteria for accepting a change in domicile. Here's a link:

https://www.michigan.gov/-/media/Project/Websites/taxes/Forms/All-Years/3799.pdf?rev=d5f7a64f83254ab...

**Answers are correct to the best of my ability but do not constitute tax or legal advice.
userID2784
Returning Member

Starting new job/moved to state with no income tax. W4 filing?

This looks as though I may need to complete one of these for the state of FL as well? As far as filling out the W4 which needs to be turned in tomorrow (5/13) for my start date on Monday (5/16).. I am still unsure how to proceed. 

Starting new job/moved to state with no income tax. W4 filing?


@userID2784 wrote:

This looks as though I may need to complete one of these for the state of FL as well? As far as filling out the W4 which needs to be turned in tomorrow (5/13) for my start date on Monday (5/16).. I am still unsure how to proceed. 


Let's go back, there's some needless confusion been added.

 

It doesn't matter what address you put on the W-4.  Use whatever address you want your employer to send your paycheck or other important mail.  

 

Generally, in most states with income tax, the state will have a separate withholding form (in New York, it's called IT-2104), but if you only fill out a W-4, your employer can generally extrapolate what your state withholding should be.  Since Florida has no personal income tax to withhold, there is no separate withholding form for your state income tax and you only need to file a W-4.  Since Florida has no personal income tax, there is no 6 month minimum (although there may be minimum residency requirement for other tax breaks, such as vehicle taxes or property taxes, but you will have to ask in Florida.  Try your county's tax assessor office.)

 

Regarding state income tax responsibility.  You are considered a Michigan resident and owe MI state income tax on all your world-wide income until you do two things: 

1. abandon your MI residency (or domicile)

2. establish a new permanent residency (domicile) some place else.

 

The location of your domicile is determined by analyzing many factors and is not determined by the date on any one particular document.  Your domicile is your permanent home, it is where you have allegiance.  Some factors include the location of your permanent home, your friends, church, significant social and business relationships, , doctor, dentist, voter registration, and so on.  It is possible to be away from your home for a long time without actually changing your domicile.  

For example, if you move to Florida but you are unsure if or when you might move back to MI, and you maintain connections to MI (property, professional relationships, relatives you visit often) then MI might still consider you an MI resident.  

Changing domiciles requires that you actively abandon your old domicile and set up a new one.  But there is no minimum time frame required.

For example, if you sell your MI home and move to Florida with the intent of making it your new permanent domicile, and you take other steps like changing your doctor and dentist and so on; but it doesn't work out and you decide to move back after 6 months; it may still be the case that you changed your domicile to Florida and then changed it back.

 

The date you change domiciles is the date it actually happened, regardless of when you get the paperwork fixed.

For example, you moved into a Florida home on May 5, with a lease that was effective May 1.  Your old lease in Michigan expired May 31.  You update your car registration and drivers license in July, your voter registration in August, and you see your new Florida dentist in November.  The date you changed domiciles was May 5, even though specific bits of paperwork that prove you changed domiciles were dated before or after the actual move.

 

If you changed domiciles, you will owe MI income tax for the period of time you lived in MI, and you would file a "part-year resident return" at the end of 2022.

userID2784
Returning Member

Starting new job/moved to state with no income tax. W4 filing?

Thank you so much this answer was extremely helpful and the exact information I was looking for!

Starting new job/moved to state with no income tax. W4 filing?

Bottom line: unless and until you change your domicile to Florida, you should ask your employer to withhold Michigan taxes from your pay.

Note that you can have only one domicile at a time.

 

 

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

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