
WINTER 2004/2005 ISSUE
DO YOU HAVE RESIDENCES IN MORE THAN ONE STATE?
If you spend time in any given year in residences in
different states, somewhere in your travels you also
may want to schedule an appointment with your professional
tax advisor. One topic for discussion would be the legal
concept of domicile.
In simplest terms, a person's domicile is the place
where he or she intends to return after leaving another
location. The special significance of where a domicile
is established is in tax planning. An individual's domicile
determines which state's income, gift, and estate tax
laws apply, and in which state or states a person, trust,
or estate is taxable. The rules that will govern the
administration of an estate also depend on the state
of domicile. Inadequate attention to establishing and
documenting an intended state of domicile could mean
that even the best-laid estate plan might go awry because
the laws of a different state could apply. The end result
could be an unexpected tax burden that otherwise could
have been avoided.
Although the basic definition of "domicile"
is simple enough, many different criteria may be taken
into account in pinpointing a state of domicile. No
one factor is controlling, and the states differ in
the criteria that they use. The address included in
a person's will may be a good indicator of the person's
domicile. A nonexhaustive list of other factors would
take into account in what state a person votes, registers
an automobile, has a driver's license, keeps important
personal property, pays state and local income and personal
property taxes, last applied for a passport, and keeps
the bulk of his or her money. Contrary to the old saying,
you can go home again, and it is a good idea to make
sure that you and the government agree on where that
home is.
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