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Old 03-14-2013, 04:03 PM   #15
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Ed, I didn't see anything in Chad's OP that indicated that he and his family were going to continue to own real estate or run a business during their adventure. I got the impression they were leaving CO with the idea of possibly returning some time in the future.

That is why I stated that if they were going to take up domicile in SD that they really need to cut all financial, professional and political ties to CO back in Post #6. Being as my last two states of residence are on the list you mentioned I am only too aware of the ramifications had I overlooked anything before we left.
Craig, even though they leave and don't own anything, some states still will chase you if you come back. Of course the politicians cry about people leaving and not returning, but they don't make it very attractive to come back. It gets discouraging when we have to defend a position that shouldn't even be an issue, but that's life in the taxation arena these days. Chad may find that Colorado doesn't take that tact and he may be fine with his leaving and returning at some later date. Every state is different and every state seems to have a different flash point.

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Old 03-14-2013, 05:04 PM   #16
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TaxMan and Craig -- sure appreciate the discussion and considerations. We do have rental property in CO, so we can't make a clean break. The gray area is getting darker all the time. CO is becoming more like CA and it would not surprise me if they made an issue out of the domicile change if we did return to CO. More thinking to be done on this -- I am getting some input from a tax attorney.
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Old 03-14-2013, 11:16 PM   #17
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I talked briefly with a CO tax attorney. He said he would need to research this area of the law further, but, as long as all ties with CO were cut, he thought it unlikely CO would have any issues. However, in my situation, there are two areas of concern making it murky -- (1) rental property in CO, and (2) the possibility of returning to CO and establishing legal domicile. Making the change is looking less likely for me.
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Old 03-14-2013, 11:26 PM   #18
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Seems like rental property shouldn't be an issue, but I don't have experience with that. Just seems that it shouldn't be a problem if I own property in another state. Of course, you would have to pay property tax to the state for the property. But, is rental property defined by declaring it thus, or defined by not being one's primary residence, in which case, one must have a primary residence. That is, if I own one home, but don't live in it, and rent it out, can the state declare that it is my primary residence?
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Old 03-14-2013, 11:35 PM   #19
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Seems like rental property shouldn't be an issue, but I don't have experience with that. Just seems that it shouldn't be a problem if I own property in another state. Of course, you would have to pay property tax to the state for the property. But, is rental property defined by declaring it thus, or defined by not being one's primary residence, in which case, one must have a primary residence. That is, if I own one home, but don't live in it, and rent it out, can the state declare that it is my primary residence?
See how quickly this gets complicated! The attorney said more research would be needed, but potential red flags for my case include: not owning property in SD, having income property in CO (which we pay CO taxes on regardless), and returning to CO in the future. The key red flag is returning -- it could look like I was setting up a SD domicile just to dodge taxes. This is not the typical RV'ers domicile issue -- returning to your previous state in the future and re-establishing residency. Since we might do that in 15 months (don't know, but a possibility), switching sounds like it will create too many red flags for me.
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Old 03-14-2013, 11:51 PM   #20
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TaxMan and Craig -- sure appreciate the discussion and considerations. We do have rental property in CO, so we can't make a clean break. The gray area is getting darker all the time. CO is becoming more like CA and it would not surprise me if they made an issue out of the domicile change if we did return to CO. More thinking to be done on this -- I am getting some input from a tax attorney.
You folks are what keep (some) blood sucking lawyers employed!!!
You either make a clean break with CO or you don't.

You own rental property in CO then you can't make a clean break!

If you rid yourself of ALL ties to CO and establish legal residency in another state, how can they EVER prove intent to return, assuming you do return?? But, by all means keep paying lawyers to try and figure out away around common sense!
JMHO!
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Old 03-15-2013, 12:11 AM   #21
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Hi Stik -- the opinions vary on making a clean break. For example, I am sure some RV'ers have investment property in multiple states. Regardless, in my case it does keep me connected to CO and could create unwanted attention in the future.

I'm not nearly concerned about lawyers as I am about the rapidly increasing number of IRS agents!
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Old 03-15-2013, 06:59 AM   #22
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Chad, I wonder if you actually purchased some real estate in SD if that would change your circumstances. Your rental property in CO shouldn't be the major hang up as we have clients who have rental properties all over the US although they are predominately vacation type of properties.

As you and the attorney have stated, the key issue is the potential return to Colorado. I really see that as being the major stumbling block. Good luck on your search for a solution.

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Old 03-15-2013, 12:03 PM   #23
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Frankly, it seems like a lot of trouble and expense to go through if you'll most likely only be gone for fifteen months.

If the main benefit of this switch is avoiding taxes/fees on the RV and/or other vehicles, you might bear in mind that Colorado is one of the more aggressive States investigating such scenarios. Many Counties actually have webpages dedicated to the anonymous reporting of such vehicles. Here's the one for Douglas County, which even provides a means for the reporter to upload a picture of the vehicle.
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Old 03-15-2013, 12:39 PM   #24
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Francesca is right.....only 15 months? Go ahead and change all your mailing etc. and keep your ties with CO. 15 months later if your decision is to permanently make SD your domicile then break away from CO with confidence.
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Old 03-15-2013, 01:16 PM   #25
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Francesca is right.....only 15 months? Go ahead and change all your mailing etc. and keep your ties with CO. 15 months later if your decision is to permanently make SD your domicile then break away from CO with confidence.
If I rent my house to someone - it is definitely their legal residence. While they are renting it - can it also be my legal residence while I drive around the country for 15 months - like a roommate that doesn't live there? And I accomplish this residency by simply forwarding my mail and keeping my drivers license. This sounds a little - for lack of a better word - fraudulent. The reason full timers change residency is because they want to vote, register vehicles, etc in a state that doesn't require utility bills in their name, a fixed address where the reside other than that of a low cost mail service address - the lower fees and taxes are a bonus. If I give up my apartment and go tooling around the country for 15 months on my drivers license - I am completely off the grid. And that has been and or is being scrutinized by homeland security. At least with a mail service and SD residence there is a sign that I am not attempting to hide behind my old address I don't reside at. I think the few states that allow residency by mailing address are the only thing standing between us having the freedom to full time and the government forcing us to rent or own a residence somewhere. Can you imagine having the government require you to put down roots - rent or own four walls or else?
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Old 03-15-2013, 04:47 PM   #26
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Francesca is right.....only 15 months? Go ahead and change all your mailing etc. and keep your ties with CO. 15 months later if your decision is to permanently make SD your domicile then break away from CO with confidence.
Yes, that is what I am thinking also. Since we don't know if we will return or not, I want to keep it easy to come back, which means not changing domicile in the first place.
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Old 03-15-2013, 05:54 PM   #27
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I'm neither a law or tax expert and certainly do not claim to know the answer, but the idea that the possibility or return to CA in 15 months is the key seems to make no sense. I would think that the key is your reason for a SD residency - if just to save some taxes and fees, you're probably asking for trouble. If you have some other sound reason then you should be OK.

For example, if you were taking a 15 month job, and live, in SD, I assume SD would require you to take up residency (regardless of your intention to return) and surely then CO could not complain, even if you were 100% certain you would return to CO afterwards.
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