State Residency Requirements

Q: Can you live in one state and claim residency in another? Our home is one mile inside the state line, but we want to claim residency in the other state.

A: The short answer is no. If you live in one state you can’t claim residency in another. You can split the time you reside in one state or another. But if you own a home, vote in your district, have a driver’s license from the state, receive mail at your home, send your children to school and consider one state your home, you can’t simply “claim” residency in another state. Even if that state is one mile away.

Your question answers itself. You live in one state. That is the state of your residency. Residency is made up of many elements, including where you spend most of your time, where your home is located, where you vote, where you have mail sent, where your children go to school, where you file your tax returns, where your car is registered. The list of items proving residency is quite substantial.

To claim residency in another state, you’d basically have to move and live there.

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4 Responses to State Residency Requirements

  1. Bruce says:

    Can I be the resident of no state if I don’t pay any rent or own anything in any state. I use a mail forwarding service.

    • Tom says:

      If you have income, you need to file an income tax return. That requires that you live somewhere. When your employer or fund manager issues you a W-2 or 1099 it will state an address for you.
      So, you cannot be “stateless” . That doesn’t preclude you from being in a “state of confusion” or “state of chaos” but that’s the subject of another blog…

  2. John C. Shonkwiler says:

    Does an individual have to establish residency, drivers’s license, etc if they are only living in Texas while working on a construction project. This project could take up to a year and possibly longer.

  3. Laura Parker says:

    I am aware that one has to reside for 2 years out of 5 to be tax-free of the equity accrued. (capital Gains). in a house sale (primary residence.
    How is the time figured ?
    I know that the time does not have to be consecutive days BUT how is one year accrued ?
    For example; can I count one day a month as a month ? 16 days as a month ? 6 months and a day as a year ?

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