What does "establishing residency" mean?

I have no intent to officially establish residency in this crappy state. However, the Libtards in Charge will likely state otherwise.

What does "establishing residency" mean? What are the qualifiers?

The libtard in charge of MD is a republican, FYI.

I had to ask this question recently, I consider establishing residency as the day I decide I'm a resident. To others it would be registering your vehicle, getting a state license or buying property.

I think it is well up for interpretation.

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Address in Maryland for sure. Likely a drivers license. What is your story?

For what? Having to register a gun? Not being able to buy a gun? Having to pay taxes? Having to have a MD drivers license?

Cars registered, register to vote, residence here, pay taxes here are usually the big ones.

Intern getting hired by a hospital?

domiciled here for 183 days

swinokur said:

domiciled here for 183 days

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Thanks!

The info is on the state website (edit, see links)

Try: http://taxes.marylandtaxes.com/Reso...es/Income_and_Estate_Tax_Releases/ar_it37.pdf
And: http://taxes.marylandtaxes.com/Indi...iling_Information/Determine_Residency_Status/

Basically, where are the things near to your heart, where are you registered to vote, where do your kids go to school, where is your mail delivered, where's your driver's license, etc.

If you are here 183 or more days, you become a statutory MD resisent and must file MD resident income taxes - I would say that's a big determining factor. However, it appears WV domiciled residents can live and work at a regular job in MD all year without becoming residents - WV only - there's a thread in the WV forum. Try: https://www.mdshooters.com/showthread.php?t=207471

If you're concerned about it, it would be good to consult an attorney and not an Internet forum...

Edit: too slow typing on the phone...

Heads up that if you move to the state, you have 90 days to register your car here. I got a ticket for that one a long while back. Worse thing is that registration on a newer car is not cheap.

Registration is the same. TITLING can cost a lot as you own MD a "use tax" of 6% of the value of each car.

Is not up to YOU to decide if you are a resident of MD when you move here. Only full time students and active duty military on orders can live in the state and not become a resident.

If you domicile in the state more than 183 days per year, you are an MD resident, like it or not.

Pinecone said:

Registration is the same. TITLING can cost a lot as you own MD a "use tax" of 6% of the value of each car.

Is not up to YOU to decide if you are a resident of MD when you move here. Only full time students and active duty military on orders can live in the state and not become a resident.

If you domicile in the state more than 183 days per year, you are an MD resident, like it or not.

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Then what of the reciprocality agreement with WV? Do you believe it does not protect WV residents living permanently in Maryland?

Are you thinking of the interstate tax reciprocity agreement? That a WV resident can work in MD, but not have to pay MD taxes, but pays WV taxes????? That is common. MD has that agreement for VA, WV, PA, DC. Also, DC for anyone who does not live in DC.

But if you live in NH, and work in MA, you have to pay MA taxes.

But this is based on LIVING one state, but WORKING in another. Residency is based on where you LIVE.

But I do know that if you move to another state, but maintain a house in MD, they will come after you to prove you live more than half the year out of the state. Have had friends have to do that.

Of course, if you rent out the house, that makes it easier.

For PA, VA, those residents, if here in MD 183 or more days, have to start paying MD income tax. Not so for WV residents. They can stay in MD indefinitely without paying MD income tax. Check out the MW507.

whistlersmother said:

For PA, VA, those residents, if here in MD 183 or more days, have to start paying MD income tax. Not so for WV residents. They can stay in MD indefinitely without paying MD income tax. Check out the MW507.

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That is true as long as they maintain a permanent residence in West Virginia and do not establish a permanent residence in MD. You would then report all of your wages to WV and pay the lower WV 6.5% tax versus the circa 7.85% tax to MD.

Your residence is where you have a drivers license, vote, have a permanent address, and send your kids to school, so you can't simply live in MD and buy a hunting cabin in WV and not pay MD tax. You can be a WV resident and have an apartment in MD that you stay in during the work week and not pay MD tax though.

State income tax reciprocities can be tricky, and every state has different deals with their neighboring states.

DanJo said:

That is true as long as they maintain a permanent residence in West Virginia and do not establish a permanent residence in MD. You would then report all of your wages to WV and pay the lower WV 6.5% tax versus the circa 7.85% tax to MD.

Your residence is where you have a drivers license, vote, have a permanent address, and send your kids to school, so you can't simply live in MD and buy a hunting cabin in WV and not pay MD tax. You can be a WV resident and have an apartment in MD that you stay in during the work week and not pay MD tax though.

State income tax reciprocities can be tricky, and every state has different deals with their neighboring states.

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Yes, thanks for the confirmation. One must establish domicile in WV first, which includes the items you've listed. I'm not yet able to do this, since my kids go to school here in HoCo.

tomrkba said:

I have no intent to officially establish residency in this crappy state. However, the Libtards in Charge will likely state otherwise.

What does "establishing residency" mean? What are the qualifiers?

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Good question to which there is no clear answer. The foregoing is NOT legal advice, only a discussion.

The controlling principle in Maryland (like other states) is that the term "resident" can mean different things in different statutes and in different contexts. Forbes v. Harleysville Mut. Ins. Co., 322 Md. 689, 589 A.2d 944 (1991) (holding that the meaning of "resident" is determined by the "totality of the circumstances."). See also Attorney Grievance Com'n of Maryland v. Josep, 422 Md. 670, 31 A.3d 137 Md.,2011. ("it is clear, pursuant to California case law, that the statute uses the term “resident” in the ordinary, common sense fashion, meaning a place where one has an “abode of some permanency,” rather than as a synonym for domicile.") Here is the principle: "If the language of the statute is ambiguous, . . . then ‘courts consider not only the literal or usual meaning of the words, but their meaning and effect in light of the setting, the objectives and purpose of [the] enactment [under consideration].’" Mundey, 396 MD at 665-66, quoting Fraternal Order of Police v. Mehrling, 343 Md. 155, 174, 680 A.2d 1052, 1062 (1996) (quoting Tucker v. Fireman's Fund Ins. Co., 308 Md. 69, 75, 517 A.2d 730, 732 (1986)). ‘[T]he meaning of the plainest language is controlled by the context in which it appears.’ State v. Pagano, 341 Md. 129, 133, 669 A.2d 1339, 1341 (1996). Attorney Grievance Com'n of Maryland v. Joseph 422 Md. 670, 31 A.3d 137Md.,2011. As a MD court has stated: "[t]he meaning of the term ‘residence’ or ‘resident’ is a mixed question of law and fact. In order to determine if a person is a resident of a particular household, the court must consider whether in the totality of the circumstances that person maintains a physical presence in the household with intent to remain for more than a mere transitory period, or that person has a reasonably recent history of physical presence together with circumstances that manifest an intent to return to the residence within a reasonably foreseeable period." Mundey v. Erie Ins. Group 396 Md. 656, 914 A.2d 1167 Md.,2007.

Under these interpretative canons, the purpose matters. The ATF reg, for example, is intended to make clear that students can purchase in the state in which they are a student, an expansion of the right otherwise foreclosed by federal law, 18 U.S.C. 922(b)(3) (barring interstate purchase of handguns). The MD registration requirement for new residents, on the other hand, is restrictive and punitive, in that it requires registration on pain of criminal penalty by persons who become "residents" (not domiciles, which is a person who intends to take up permanent resident as his home, but residents, which may include temporary residents). Since the purpose was to require people who are actually physically present in the state as "residents" to register their firearms, a state court could well find that that purpose is furthered by requiring a temporary resident to do so if the person is, in fact, living here in an “abode of some permanency.” Indeed, such a temporary resident may have to comply with the rest of MD law with respect to firearms, including possession in MD and purchase.

Thanks, esqappellate. So, it would seem we can't have our cake and eat it too. I suppose Maryland would tax us upon the cake AND the eating...

whistlersmother said:

Thanks, esqappellate. So, it would seem we can't have our cake and eat it too. I suppose Maryland would tax us upon the cake AND the eating...

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Lol. Indeed.

I'm not up on the intricacies of the MD ( Medical Doctor) biz. Could an Intern be considered a full time student ?