Community Forums

ThatzGuy · 06-26-2016, 11:17 PM

OK- I probably need some legal advice, but thought I would try to get some help to ask the right questions.

Next year DW and I give up the S&B life and live full time in the RV. I'm retired now, she wants to work for a few more years, at least 2 in NV (zero income tax but massive RV Registration fees- about 1.3% of the MSRP or about $4k year.

My intention was to domicile in SD, for the reasons previously stated in the forum, plus I have family in both SD, and ND. Some of the year DW might stay with a friend in NV, might stay in the RV in NV or travel with me. All in all. the RV and my wife will spend a lot of time in NV. Our health insurance is not an issue as we are covered wherever we are, though I understand in and out of network issues might get involved. And I want to get this resolved before I buy the new RV.

Is her work in NV going to cause a domicile issue?
Can we each domicile in a different state? Neither has income tax.

paz · 06-27-2016, 04:47 AM

It is my understanding that you will owe state income tax to the state in which the income is earned. If the state where the income was earned has no tax or a tax lower than your state of domicile, you will owe tax to your state of domicile. In your case, however, neither NV or SD has income tax so your state income tax bill should be zero.

Uncle Sam is a different story. You owe that regardless of what state you work in.

Nana25K · 06-27-2016, 06:51 AM

The key to your issue is that she is earning income and residing in Nevada. You need to contact a lawyer who understands this stuff. Chris Loring can be contacted thru the Escapees organization. He is an attorney who specializes in domicile issue. He will giuvw you a free consultation. And NO he will not push you to become a Texan

Jim2 · 06-27-2016, 09:22 AM

You propose a special situation that does deserve professional advice.
In my non-professional opinion it comes down to how many months of the year you, your wife & your RV spend in NV. When you have no fixed residence, where you spend the majority of your time is a primary factor in establishing domicile (along with where you intend to return to). In order to retain the right to chose your preferred state, you must not spend extended time in any one state sufficient to trigger residency in that state. Also, many state's residency laws say if you take fulltime employment in this state, you are automatically a resident.
If what you really envision is spending most of the year in NV while your wife works fulltime, then she (and you if you stay with her) is a NV resident. Its not an income tax issue for these specific states, its an issue of where your vehicles should be registered, insured & taxed.
If you wife's work is part time and she is in and out of the state on a regular basis, to the point she is living & working in NV less than 6 months total in the year; then its easier to make the case of domicile in a different state.
If you and your RV are outside of NV most of the year (except for short term visits) and only your wife stays in NV living & working, using temp housing. Then yes you could each have different domicile states; a bit unusual for a married couple, but technically possible. This could impact your wife's health insur coverage, if she is covered under your policy from a diff state. if she has her own coverage from her NV employer, then no issue.
Unless I misinterpreted your intentions, it sounds like you and the wife and the RV, should move to NV for those 2 yrs until the wife's retirement. Could you get away with pretending to be SD domiciled for those 2 yrs? maybe; do you really want to worry about every cop encounter for those 2 yrs, or more likely a neighbor or coworker turning you in?
some people win at the NV craps tables, but most never do

ThatzGuy · 06-28-2016, 09:23 PM

Thanks all. It strikes me that I do need to consult a Pro, Thanks for the Loring suggestion.

What is interesting is doing research on these items, if we follow all rules and regs (and the plans stay as anticipated), we will need to be registered in multiple states at the same time. Yeesh. Just a thought for anyone reading this thread in the future...Remember to look at all the fees associated with registering a vehicle, not just registration costs. Nevada has Registration Fees, Plus something they call a Governmental Services Tax, Then a Supplemental (County) Government Services Tax.

A tax by any other name...

J

glennwest · 06-30-2016, 06:04 PM

My domicile is Texas and in work in Louisiana, Georgia, Ohio, Kentucky, Colorado, Wyoming, etc. If the state in work in has state taxes I have to pay to that state. I file a return on that state and get most back. Federal is mute. You pay regardless. I never stay on that job for over a year. After a year on same job any per deim becomes taxable income. jfyi

BobMontgomer · 07-04-2016, 07:03 PM

Quote:

Originally Posted by Jim2

You propose a special situation that does deserve professional advice.
In my non-professional opinion it comes down to how many months of the year you, your wife & your RV spend in NV. When you have no fixed residence, where you spend the majority of your time is a primary factor in establishing domicile (along with where you intend to return to). In order to retain the right to chose your preferred state, you must not spend extended time in any one state sufficient to trigger residency in that state. Also, many state's residency laws say if you take fulltime employment in this state, you are automatically a resident.
If what you really envision is spending most of the year in NV while your wife works fulltime, then she (and you if you stay with her) is a NV resident. Its not an income tax issue for these specific states, its an issue of where your vehicles should be registered, insured & taxed.
If you wife's work is part time and she is in and out of the state on a regular basis, to the point she is living & working in NV less than 6 months total in the year; then its easier to make the case of domicile in a different state.
If you and your RV are outside of NV most of the year (except for short term visits) and only your wife stays in NV living & working, using temp housing. Then yes you could each have different domicile states; a bit unusual for a married couple, but technically possible. This could impact your wife's health insur coverage, if she is covered under your policy from a diff state. if she has her own coverage from her NV employer, then no issue.
Unless I misinterpreted your intentions, it sounds like you and the wife and the RV, should move to NV for those 2 yrs until the wife's retirement. Could you get away with pretending to be SD domiciled for those 2 yrs? maybe; do you really want to worry about every cop encounter for those 2 yrs, or more likely a neighbor or coworker turning you in?
some people win at the NV craps tables, but most never do

Very good advise. I live in WY and there is no income tax but it is almost $2K to license our Ace 29.3 each year. It would be easy to become a South Dakota resident on paper, but if WY figured it out (they watch for this) they would hang me out to dry. Nevada will too!