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Old 03-31-2017, 03:22 PM   #1
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Domicile question

My wife and I have been traveling full time for the past 7 years with a SD legal address. As we travel we kinda "interview" places to see if we'd like to live there. We've also decided that if the right circumstances came up we'd buy a place.

Well it happened. We found a home in Utah with room to park the motorhome. The house is a fixer upper but we can live in the motorhome while the work is SLOWLY done and we keep traveling.

I'd like to keep my SD domicile as long as possible for tax reasons. At what point do I need to switch domiciles to the new place?
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Old 03-31-2017, 03:26 PM   #2
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Check the laws in UT, might be as soon as 30 days.
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Old 03-31-2017, 03:27 PM   #3
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Check the laws in UT, might be as soon as 30 days.
I will check. Was hoping since we are not living in the house it would extend the time. Probably wishful thinking.
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Old 03-31-2017, 03:45 PM   #4
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Congratulations!

May I ask what area of Utah? We might end up there eventually: just starting our FT travels & "retirement home" search :-)
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Old 03-31-2017, 03:50 PM   #5
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Congratulations!

May I ask what area of Utah? We might end up there eventually: just starting our FT travels & "retirement home" search :-)
Just outside of St George. The area is growing with lots of retirees. Nice weather and plenty of outdoor adventuring.
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Old 03-31-2017, 04:13 PM   #6
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In short, you can own property in any state (or as many states as) you like. If this is a vacation home you're fixing up, you can keep your SD domicile. Obviously, if this is going to become your new residence and you don't "intend to return to SD after being absent", as the Residency Affidavit says, well... I suppose you're a Utahan. (Hmmmm... as spell check didn't flag Utahan, I guess that's really a word. LOL)
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Old 03-31-2017, 04:20 PM   #7
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In short, you can own property in any state (or as many states as) you like. If this is a vacation home you're fixing up, you can keep your SD domicile. Obviously, if this is going to become your new residence and you don't "intend to return to SD after being absent", as the Residency Affidavit says, well... I suppose you're a Utahan. (Hmmmm... as spell check didn't flag Utahan, I guess that's really a word. LOL)
hmmm sounds like a lot of gray area. I was told that UT taxes a second home heavily so I need to look at that too.

My wife and I wondered the same thing... we agreed its "Utahan"
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Old 04-01-2017, 06:50 AM   #8
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Definitely a major "gray area". At some point you begin make the new place your "domicile", and the fact that you are fixing it up with the intent of living there long term gives weight to the argument that Utah will become your domicile sooner rather tan later. Moving your vehicle title/tags and driver licenses to Utah is one tipping point, and physically living in the house (sleeping, receiving mail there, etc) is another. Most states allow only 30 days once you show signs of residing there.
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Old 04-01-2017, 07:19 AM   #9
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Originally Posted by kjackson View Post
My wife and I have been traveling full time for the past 7 years with a SD legal address. As we travel we kinda "interview" places to see if we'd like to live there. We've also decided that if the right circumstances came up we'd buy a place.

Well it happened. We found a home in Utah with room to park the motorhome. The house is a fixer upper but we can live in the motorhome while the work is SLOWLY done and we keep traveling.

I'd like to keep my SD domicile as long as possible for tax reasons. At what point do I need to switch domiciles to the new place?
Not a Lawyer (Thank God .) - but in Maryland if you are in the state for more than 50% of the time you are a resident for Tax purposes, so think you need to check with the Utah Tax authority - Just call and Ask.

Because of the Tax issue - Many of the high income people of Maryland, have relocated to Florida - but kept there house here, simple spend More than 50% of the year (183-4 days) out of state, for Travel - Work - at a second home - in the RV - Some still work, just short weeks, or live in the state, just short weeks.

Check with the State of Utah, they are the only ones who can give you clarity on your particular issue.

St George is a beautiful area - a while back (20 years or so ) Nevada was the low tax state - but as they say in Real Estate - Location, Location, Location, - Mesquite, NV had that attraction for a while for many in St George, Just 40 miles down the road, but a World Away ................. Love the Drive on I-15 along the Virgin River in AZ.

Best of Luck,

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Old 04-01-2017, 08:22 AM   #10
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You can own real estate anywhere and not be considered a domicilary there. As long as you maintain your current SD domicilary and DON'T reside in the new home or anywhere else in Utah, you're okay. Once you reside in the new home for x (whatever Utah states), you MAY have to make Utah your new domicile.
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Old 04-01-2017, 08:33 AM   #11
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Domicile normally means when you establish a permanent residence. If you purchase your property but are living in your Rv you technically haven't established a permanent residence.
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Old 04-03-2017, 07:58 AM   #12
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Thanks for the replies. The information really helps!

It will be a while before we are living in the house. Lots of work, not to mention we don't own any furniture. I've been told that Utah taxes a second home heavily... but the person that told me is from Park City and it may be a local tax.
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