Domicled in WV, Living in MD

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  • whistlersmother

    Peace through strength
    Jan 29, 2013
    8,948
    Fulton, MD
    So, I've occasionally contemplated domiciling in another freer state and living in Maryland. There's a killer to that plan - staying in Maryland more than 183 days means I become a statutory resident of Maryland. Ugh.

    Then today, I'm filling out my Maryland MW507 form to update deductions, withholding stuff and I happen across this:

    If you are domiciled in the District of Columbia, Pennsylvania or Virginia and main-
    tain a place of abode in Maryland for 183 days or more, you become a statutory
    resident of Maryland and you are required to file a resident return with Maryland
    reporting your total income. You must apply to your domicile state for any tax
    credit to which you may be entitled under the reciprocal provisions of the law. If
    you are domiciled in West Virginia, you are not required to pay Maryland income
    tax on wage or salary income, regardless of the length of time you may have
    spent in Maryland.

    Note the bolded part. Is it too good to be true that I can have my cake and eat it too? Buy property in WV, declare residency/domicile there, then live in Maryland? Plus cars registered in Maryland to avoid WV personal property tax?

    Of course, I come across this: http://taxes.marylandtaxes.com/Reso...es/Income_and_Estate_Tax_Releases/ar_it37.pdf

    Note footnote 6 - a WV domiciled person can spend the entire year in Maryland and pay no Maryland income tax - they do not become a statutory resident. Does that mean a WV domiciled person does not become a Maryland resident? If it did, then that WV domiciled person becomes a MD domiciled person and would pay Maryland income tax, which is not what the reciprocal agreement says.

    Yes, I know there's a bit more to establishing domicile somewhere, but still my mind wonders a bit more... :innocent0
     

    K31

    "Part of that Ultra MAGA Crowd"
    MDS Supporter
    Jan 15, 2006
    35,632
    AA county
    IIRC, WV says that you have to live in the state some amount of time > half to be considered a WV resident.
     

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,948
    Fulton, MD
    IIRC, WV says that you have to live in the state some amount of time > half to be considered a WV resident.

    Yea, I don't know the answer to this, but if true, what of the reciprocal agreement?

    The reverse is true of a Maryland resident staying in WV - they don't become a WV resident for tax purposes regardless of the time spent there.

    At this point, this is just a mental exercise - I would have to convince the wife to become a WV resident, buy property, change over the car tags, and actually spend time there... Well, I know how that'll go... :sad20:
     

    stringer bell

    Active Member
    Aug 20, 2014
    106
    as sombody who is leaving both maryland and the country in a week, i used a PA address about 7 years before i changed my residence to md because of marriage.

    183 days or not, nobody is checking, and in the event that somthing comes up simply disagree, tell them to prove it.

    if i come back to md for work, i have no intention on being a md resident, ill have property in wv or pa at that point
     

    Not_an_outlaw

    Ultimate Member
    Patriot Picket
    Jan 26, 2013
    4,679
    Prince Frederick, MD
    365 days
    - 104 Weekend Days
    261 Days
    - 26 Fridays Off (Compressed Work week)
    235 Days
    - 26 days of annual leave
    209 Days
    - 10 Holidays
    199 Days
    - 52 Effective out of state days (Leave for WV after work. Commute to MD on Monday Morning)
    147 So that works - right?
     

    cantstop

    Pentultimate Member
    MDS Supporter
    Aug 10, 2012
    8,158
    MD
    I have worked with folks that have a house in WV and a townhouse in MD. I never asked them their tax situation, but they were pretty business savvy.

    I would not be surprised if they were using the tax code to their advantage like the OP suggests.
     

    newmuzzleloader

    Ultimate Member
    MDS Supporter
    Apr 14, 2009
    4,764
    joppa
    I used to work with someone who did this. He owns a place in WV and lives and works in Md. All his vehicles were tagged in WV and his mailing address for work related mail was the place in WV (Work was anal and said he had to use the address on his license)
     

    Pushrod

    Master Blaster
    Aug 8, 2007
    2,979
    WV High Country
    I do this. I physically live in WV and work in MD, although I only step foot in MD a couple of handful of days a year as I telework the rest of the time.
     

    traveller

    The one with two L
    Nov 26, 2010
    18,256
    variable
    I do this. I have a home outside of MD and own a second home in MD. Most of my work is outside of MD. My cars are a mix of MD and out of state tags. I pay taxes in MD on the work I do in MD.
     

    DutchV

    Ultimate Member
    Jul 8, 2012
    4,702
    I'm not a tax expert by any stretch. But how would they know where you live? Sure you own something here, and you'll pay taxes on it. Beyond that...


    I have a friend who moved to Florida from here. He likes it better since it's warmer. But he owns a place here. He doesn't "live" here. He does visit a lot. But that's less than 50% of the year. So he pays Florida income taxes. And zero to MD.
     

    GuitarmanNick

    Ultimate Member
    Jan 9, 2017
    2,221
    Laurel
    It used to be that Florida had no state income tax. Not sure if that has changed but I used it as my state of residency while in the service just for that reason!
     

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,948
    Fulton, MD
    So, over in another thread, esqappellate pretty much analyzed the situation - and it ain't good.

    https://www.mdshooters.com/showpost.php?p=4808265&postcount=17

    Basically, even if you can avoid MD tax by being a WV domiciled resident and living in MD permanently, firearm laws would be a different story.

    Again, if it matters to you, consult an attorney. We don't need MD persecuting people on gun laws over a residency question...
     

    mesmithwesson

    Active Member
    Jan 8, 2013
    694
    So, over in another thread, esqappellate pretty much analyzed the situation - and it ain't good.

    https://www.mdshooters.com/showpost.php?p=4808265&postcount=17

    Basically, even if you can avoid MD tax by being a WV domiciled resident and living in MD permanently, firearm laws would be a different story.

    Again, if it matters to you, consult an attorney. We don't need MD persecuting people on gun laws over a residency question...

    Pretty much figured that you have to leave your hardware in WV.
     

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