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htk2
Returning Member

finding residency information?

Where do you find the date you became an official resident in a state? 

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5 Replies
BillM223
Expert Alumni

finding residency information?

Unless the state has a definition of an official date, there isn't one.

 

Instead, it is a question of domicile. Your domicile is where

 

1. You own a house or have a signed apartment lease

2. Have a landline (not so common any more).

3. Pay utilities

4. Have a drivers license

5. Are registered to vote

6. Get your mail

7. Have told your friends and your employer where you live

8. Is the place that you intend to return to when you have been traveling or working out of town.

 

You can have only one domicile at a time, and your domicile does not change until you move somewhere else and take positive steps to do the 8+ things above.

 

As you can see, you can satisfy some but not others of the 8 things about (which in itself is not an exhaustive list).

 

Basically when asked in an audit, you need to be able to show that you satisfy the majority of these items. Most importantly, you need to convince the auditor that you intended to live in this place.

 

So what's the date? It is when you say, "I live here", having done a lot of the 8 things.

 

Having said all this, some states (Virginia come to mind) require you to file as a resident if you have lived or worked in the state for X amount of time (from memory, 183 days in VA). This means that you might be required to file as a resident in two different states, even though you can have only one domicile.

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htk2
Returning Member

finding residency information?

When I mark 'yes' as having lived in another state in year 2023, it asks the date I became a resident of the previous state. I am a domicile status of my previous state, but I did live a month in this new state with change in address reported. What can I do in this case?

BillM223
Expert Alumni

finding residency information?

Did you move to the other state in 2023, or did you just temporarily work there, or go to college there?

 

It is not a question of you "finding" this information because there is no external hard and fast rule for when you change domiciles. It is the date that YOU set, and which you can reasonably justify if you were ever challenged on the date.

 

"There's no option to write that I'm nonresident status" - why do you think that you have nonresident status? Is it because you are just there temporarily? You need to more fully describe what your situation is.

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htk2
Returning Member

finding residency information?

 

Yes, college started year 2024. But I have no income or work in this new state, and I have not lived here 6 months yet to achieve residency. 

ThomasM125
Expert Alumni

finding residency information?

In general, you would become a resident in a state on the day you moved there with the intent to not return as a resident to the state you were formally a resident of.

 

Since you are a college student, you may not be a resident of the state you are attending school in. If you have a family you live with when away from school in the state you lived in before you travelled out of state to attend college, then you would probably still be considered a resident of the state where your family lives. As a general rule, you are a resident of the state you lived in before you travelled away to another state for a temporary period of time. So, if you are just in the state attending school but you will return to the state you came from when you are done with your studies, you would likely be considered a non-resident in the state you are attending school in.

 

[Edited 2/29/24 at 8:00 PM PST] @htk2

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