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Old March 6th, 2017, 08:12 PM #1
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Domicled in WV, Living in 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:

Quote:
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/Resou...es/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...
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Old March 6th, 2017, 09:25 PM #2
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Interesting. I'd like to hear more.

Anyone?
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Old March 7th, 2017, 03:49 AM #3
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IIRC, WV says that you have to live in the state some amount of time > half to be considered a WV resident.
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Old March 7th, 2017, 04:15 AM #4
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Interesting, I need to check into that...???
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Old March 7th, 2017, 06:02 AM #5
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Quote:
Originally Posted by K31 View Post
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...
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Old March 7th, 2017, 06:11 AM #6
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I was wondering about an out of state domicile myself. WV could be a part of my retirement plans.
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Old May 13th, 2017, 08:22 PM #7
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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
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Old May 13th, 2017, 09:16 PM #8
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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?
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Old May 14th, 2017, 07:15 AM #9
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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.
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Old May 14th, 2017, 07:20 AM #10
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MD would need to prove it. Unless you pull millions of in-state income but give a FL domicile, they won't care.
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Old May 14th, 2017, 07:35 AM #11
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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)
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Old May 15th, 2017, 08:09 AM #12
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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.
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Old May 15th, 2017, 09:16 AM #13
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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.
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Old May 19th, 2017, 09:45 PM #14
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I permanently resided in WV for a LONG time after "moving" to MD after college. That's all I'll say!
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Old May 19th, 2017, 10:54 PM #15
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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.
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Old May 20th, 2017, 08:51 AM #16
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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!
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Old May 20th, 2017, 06:50 PM #17
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Quote:
Originally Posted by GuitarmanNick View Post
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!
Still true. 0% state income tax.
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Old May 20th, 2017, 10:32 PM #18
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So, over in another thread, esqappellate pretty much analyzed the situation - and it ain't good.

https://www.mdshooters.com/showpost....5&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...
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Old May 22nd, 2017, 11:01 AM #19
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Quote:
Originally Posted by traveller View Post
MD would need to prove it. Unless you pull millions of in-state income but give a FL domicile, they won't care.
It's pretty easy for them to prove it through cellphone records.
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Old May 23rd, 2017, 07:34 PM #20
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Quote:
Originally Posted by whistlersmother View Post
So, over in another thread, esqappellate pretty much analyzed the situation - and it ain't good.

https://www.mdshooters.com/showpost....5&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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