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Old 09-11-2015, 09:14 AM   #1
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Florida residency

We are selling our Florida home and moving to NC into another home. As NC has personal property taxes for auto (and RVs), as well as state income tax, we are wondering if it might not be to our advantage to maintain Florida residency possibly by purchasing or renting an RV site to use for the winter months (specifically Jan, Feb and Mar). Would this be sufficient to claim FL residency and avoid the NC taxes? Anyone have any experience to relate on the feasibility of doing this?

Thanks in advance!

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Old 09-11-2015, 09:33 AM   #2
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Not positive, I need to look into this also, but I think you must some how show more than 6 mos. to call a place your main residence.
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Old 09-11-2015, 09:36 AM   #3
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From a standpoint of dealing with residency issues with clients, I can tell you that most states will say you are a resident of that state if you are present there for 183 days or more. If you take the tact of "how would they know?" you will be in for a shock. The burden of proof for residency and most tax issues rests with the taxpayer. In other words, they don't have to prove you were in the state, you have to prove you weren't in that state. We have even seen state residency audits go so far as to obtain the records from the cell phone companies of where an individual was when he or she made a cell phone call.

A further issue would be if your RV lot in Florida was rented out during the year. This would lose part of your argument that the lot was your residence. Bottom line is be careful and make sure you find out the residency laws of NC before you jump into the potential audit pool.
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Old 09-11-2015, 10:14 AM   #4
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Pay the n.c. Tax. Florida needs you there for 183 days. Easy to check on you.
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Old 09-11-2015, 06:55 PM   #5
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If you own a home in NC, you are going to have to pay NC taxes. Whether you maintain Florida residency or not. You might be able to keep the RV and cars titled and registered in Florida, but probably not just by keeping a winter rental site in a park somewhere. And if NC notices those vehicles are in the state several months a year, they are going to tax them anyway.

It's not the Florida laws that are the concern - it is the NC tax laws and they make their own rules.
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Old 09-11-2015, 08:49 PM   #6
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You need to read up on both states to see what's legal. I wouldn't take a forum members' advice on this important step for you. Good luck!
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Old 09-12-2015, 08:48 AM   #7
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Check with Escapees. They are experts on that subject.


Yes, you can continue your Florida residency when you sell your house there. Escapees can set you up with a box number that is then your physical address. Pay your income taxes there, your vehicle registration, and whatever else comes up.


Your NC property taxes will have to be paid in NC, but if you don't register your vehicles there, they can't bother you for that.


At that point you may never have to go into Florida again.


Again, check with the experts at Escapees.


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Old 09-12-2015, 10:33 AM   #8
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Your NC property taxes will have to be paid in NC, but if you don't register your vehicles there, they can't bother you for that.
They can if the vehicles are actually kept in NC for more than 30 days. I believe the NC DMV will advise that any private vehicle that remains in the state more than 30 days is considered to be owned by a resident and requires NC title and tags. In other words, you can't live in NC and simply decide to title your vehicles somewhere else - they will eventually catch up with you. There are some exemptions, e.g. for military personnel, but that would have to be sorted out with the state.
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Old 09-12-2015, 04:18 PM   #9
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Yes Gary, they do troll for out of state tags, and will get you if you are employed in NC. They do the same in Florida. If you have a motor home and are just passing through or staying in a park, it's no problem.


The OP did state that they planned to buy a house in NC, so expert help is still the best suggestion.


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Old 09-12-2015, 05:39 PM   #10
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Originally Posted by TLGPE View Post
The OP did state that they planned to buy a house in NC, so expert help is still the best suggestion.
OP said they moving to NC into another home.
Didn't say if they bought it or renting it.

Only taxes they mentioned was personal property taxes on vehicles.
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Old 09-13-2015, 03:22 PM   #11
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Yes Gary, they do troll for out of state tags, and will get you if you are employed in NC. They do the same in Florida. If you have a motor home and are just passing through or staying in a park, it's no problem.


The OP did state that they planned to buy a house in NC,...
Which is exactly why I made my point. Having a house in NC, whether rented or owned, is a strong indication of living there at least for a portion of the year. It's certainly not "just passing through". If he in in the state for months at a time, lives in a fixed residence, and has his vehicles with him, there is about zero defence for not having his vehicles titled and tagged there.

Yeap, professional advice is called for if an attempt will be made to avoid NC personal property (vehicle use) taxes. The devil is in the details.
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Old 09-13-2015, 03:38 PM   #12
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I think it is called "Tax Evasion" but I could be wrong.
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Old 09-13-2015, 11:10 PM   #13
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Florida residency

Yes we have purchased a home in NC. We wondering if there was a legitimate way of avoiding the personal property tax, but do not plan on breaking the law to avoid the tax. It really isn't worth the risk, as the expense of the income tax and personal property tax are somewhat offset by lower property taxes and insurance costs, though we will have to switch our RV insurance as if we were to stay with Blue Sky it would double!

Once again, thanks for all of your insightful advice.


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Old 09-14-2015, 09:02 AM   #14
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Many full time RV owners are on the road--like nomads. They will use Florida, Texas or South Dakota drop box mail addresses, have car/rv insurance in those states, have drivers' licenses in those states and even vote in those states. They're really citizens of the world--not a specific state.

But if you have a residence in North Carolina, you will need to license your vehicles and use NC for income tax purposes. If they catch you, penalties could be very substantial.
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