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New Member
posted Jun 6, 2019 3:17:54 AM

I'm married but relocating to WY for work. My husband will continue to live in MT. Can I become a WY resident even if I'm married?

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1 Best answer
Level 15
Jun 6, 2019 3:18:15 AM

Take a look at this and its links:

http://www.mtrules.org/gateway/ruleno.asp?RN=42.15.109

13 Replies
Level 15
Jun 6, 2019 3:17:56 AM

Yes, spouses can be residents of different states.  But is the WY job a temporary assignment?

New Member
Jun 6, 2019 3:17:58 AM

No, it is a permanent position.  I will be purchasing a home and licensing my vehicle.  Should I get a PO Box to establish residency until I find a home to purchase? Or I guess I should say, does a PO Box establish residency?

Level 15
Jun 6, 2019 3:18:01 AM
Level 15
Jun 6, 2019 3:18:02 AM
Level 15
Jun 6, 2019 3:18:05 AM

That's tricky.  Not only CAN you be a WY resident; you MUST be a WY resident, for tax purposes, under certain circumstances. If the job is expected to last more than a year and you have WY residence, most states would consider you to be a WY resident for tax purposes.
That's the usual rule for state income tax. What makes your situation tricky is that WY doesn't have an income tax. MT can and may take the attitude that you are still a MT resident for tax purposes, since you maintain a home there that you regularly return to.

New Member
Jun 6, 2019 3:18:06 AM

I know.  That's why I'm not sure how to go about this whole thing.  I will be purchasing a home, registering my vehicle, registering to vote, etc in WY.  I will only be returning to MT occasionally for holidays.  Just not sure how to prove that.

New Member
Jun 6, 2019 3:18:08 AM

WY residency is a big thing for Game and Fish.  I'm not concerned with that.  I just don't want to pay state tax if I don't have to.  I'm expecting to have to file in MT this year since I probably won't have a house purchased until towards the end of the year.  But I'd like to be set up before 2018.  I'm having a hard time finding an accountant that has a clue.

Level 15
Jun 6, 2019 3:18:09 AM

Actually, I think the bigger concern is not when you *are* a WY resident, But when you are *not* a Montana resident any longer.

New Member
Jun 6, 2019 3:18:11 AM

I tried to find info on that and all I could find was when you establish residency in another state by registering to vote, registering your vehicle, establishing a home.  I feel like it's the chicken and egg issue 🙂

Level 15
Jun 6, 2019 3:18:12 AM

Do you and Hubby own a home on Montana?

New Member
Jun 6, 2019 3:18:14 AM

Yes, we own a home in MT.  No mortgage.  We own the property in both our names. The house in WY would be in both of our names as well as we would have a mortgage on that one, at least for a couple of years.

Level 15
Jun 6, 2019 3:18:15 AM

Take a look at this and its links:

http://www.mtrules.org/gateway/ruleno.asp?RN=42.15.109

New Member
Jun 6, 2019 3:18:17 AM

I need to go get my law degree 🙂  I did print it out and the links it took me to as I read through it.  Thank you!