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I moved back home to TX from GA on 3/1/20, but because of Covid situation, I never had the chance to get my TX driver's license. Am I still considered as a GA resident?

 
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3 Replies
MaryK4
Expert Alumni

I moved back home to TX from GA on 3/1/20, but because of Covid situation, I never had the chance to get my TX driver's license. Am I still considered as a GA resident?

No, if you moved to Texas with the intention of making it your residence; not changing your driver's license alone will not make you a Georgia resident.  

 

You can show you intend to establish permanent residency in your new state by:

  • Registering to vote in your new state
  • Registering your car with the Department of Motor Vehicles in your new state
  • Changing your driver's license to your new state
  • Purchasing property in your new state, and moving your household to the new property
  • Applying for any property tax exemption or other special privilege the law allows you because your home in your new state is now your primary residence
  • Sending your children to school in your new state
  • Moving your primary bank accounts to your new state
  • Having your membership in any social or business organizations changed to chapters or groups in your new state
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I moved back home to TX from GA on 3/1/20, but because of Covid situation, I never had the chance to get my TX driver's license. Am I still considered as a GA resident?

This all depends.  Do you sill have the GA residence? That is do you still own or rent a residence in GA?  Do you consider yourself a Texan?  Do you have a current job in GA or plan to go back to GA?  Do you receive mail in GA?  Do you have checking or savings accounts with a GA address?  Did you earn any money in GA in 2020?  Did you change your voting registration to your TX address or vote in TX or vote in GA?

You may have to file a GA income tax return if you earned money in GA during 2020 for the amount you earned in GA.   Any amount earned in TX should not be taxed by GA.  However, GA tax return may ask about other income earned in other states to reconcile between your total income and the amount reported as earned in GA.  

Hope this helps

BillM223
Expert Alumni

I moved back home to TX from GA on 3/1/20, but because of Covid situation, I never had the chance to get my TX driver's license. Am I still considered as a GA resident?

To be honest, you might have never been a resident of Georgia. It depends on the facts.

 

This is a question of "domicile".

 

In every state, your domicile is generally determined by a number of factors, such as:

Where you live

Where you own property

Where you have your drivers license

Where you are registered to vote

Where you pay residential utility bills

Where you primarily receive mail

Where you tell people that you reside

and so on...

 

As you can see, where you have your drivers license is only one factor out of many. It is not uncommon for people to have different answers so it is the preponderance of answers that helps to determine domicile.

 

In addition, as mgarry3416 noted, domicile is partially a matter of intent. If you went to Georgia in 2019 with the intention of working a while then returning to Texas, then likely you were never a resident of Georgia, despite having a driver license.

 

Note that in most states, once you have established a domicile in one state, your domicile remains that state until you take active steps to change your domicile. For example, you are domiciled in Texas, but when you moved to Georgia, you actively got a new drivers license, you registered to vote, you bought property, etc. This would change your domicile to Georgia.

 

Please consider this and come back if you have questions - it so, it would help to know if you were originally domiciled in Texas (see list above), and how many of those things you did in Georgia.

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