News & Analysis as of

Domicile Residency Status

Freeman Law

Procedimiento simplificado ante el IRS para extranjeros fuera de EUA

Freeman Law on

Muchos ciudadanos americanos que viven en el extranjero no presentan su declaración de impuestos en Estados Unidos de América (“EUA”) por diversas cuestiones. Generalmente, esto sucede porque se tiene la creencia que no es...more

Rivkin Radler LLP

Moving to the U.S.? Have You Planned for the Estate and Gift Taxes?

Rivkin Radler LLP on

It is a fact that the phenomenon of human migration has been a major force in the history of the world. Indeed, among the themes that have remained constant during my years of practice, there are two that may be...more

Troutman Pepper

NY Supreme Court Rules Taxpayers’ NY Vacation Home Not Permanent Place of Abode

Troutman Pepper on

State personal income tax issues related to residency and domicile, because of their fact-dependent nature, are often the subject of controversy and litigation. Taxpayers have a fresh win in this area to celebrate. The New...more

Blank Rome LLP

New York State ALJ Determines Taxpayer Was Domiciled in New York for Part of the Year and a Statutory Resident for the Other Part

Blank Rome LLP on

A New York State administrative law judge (“ALJ”) recently determined that a teacher who became domiciled in New York in December 2014 upon his purchase of an apartment in New York City was also a statutory resident of New...more

Rivkin Radler LLP

WILLS, TRUSTS & ESTATES: PLAIN AND SIMPLE – Changing Your Residence For State Tax Purposes – More To It Than You May Think

Rivkin Radler LLP on

Oftentimes, in the summer, we return to the topic of changing your residence for state tax purposes. There are five factors which the tax authorities will look to in determining whether someone has changed their residency. ...more

Buckingham, Doolittle & Burroughs, LLC

Ohio Domicile:Taxpayer could have prevailed with simple affidavit

In a recent Board of Tax Appeals Case, taxpayers contested the Department’s assessment of personal income taxes, asserting that they were not Ohio residents. See Anthony R. Joy & Robin E. Miller, (et. Al.), v. Jeffrey A....more

Farrell Fritz, P.C.

Statutory Residence For The “Former” New Yorker

Farrell Fritz, P.C. on

“Tax the Rich” in N.Y.- Over the last few months, we’ve considered on several occasions how Albany may respond to the fiscal crisis arising from the pandemic and the ensuing reduction in economic activity. These...more

BCLP

US/UK tax series: US citizens moving to the UK

BCLP on

If you are a US citizen who is becoming UK resident you will continue to be subject to US tax and reporting obligations but will also become subject to UK tax. Although there is a double tax treaty between the US and the UK...more

BCLP

Domicile, Sweet Domicile: Bestolov –v-Povarenkin [2017] EWHC 1968 (Comm)

BCLP on

Home is where the heart is; home is also where a Claim Form can be served. Under the Recast Brussels Regulation a person “domiciled” in an EU Member State can be sued in the courts of that Member State, and such a claim...more

Faegre Drinker Biddle & Reath LLP

Home Is (Not) Where Your Legal and Financial Advisers Are: Minnesota Changes Domicile Determinations

Minnesota will no longer consider the location of a person’s attorney, CPA, financial adviser or bank account when determining where an individual is domiciled for income tax purposes. Under Minnesota law, an individual is...more

Farrell Fritz, P.C.

Changing Your “Home” For State Tax Purposes – Not So Easy

Farrell Fritz, P.C. on

It’s February, the middle of winter, and many of us are longing for warmer weather. Some with second homes in Florida or Arizona and the like start thinking about changing their primary residence for state income and estate...more

Farrell Fritz, P.C.

Snowbird? Or the real deal?

Farrell Fritz, P.C. on

So you recently moved from New York to Florida? Abundant sunshine, no income tax, no estate tax — wonderful! One problem: New York State tax authorities may not think you really moved! And they’re assessing heavy income...more

Dorsey & Whitney LLP

Minnesota Income Tax Residency Law— Recent Developments and Planning Considerations

Dorsey & Whitney LLP on

On April 16, 2014, the Minneapolis Star Tribune published an article by Adam Belz titled, “Minnesota’s wealthy caught in a tight tax net over residency.” The article discussed the Minnesota Department of Revenue’s approach to...more

Cozen O'Connor

Taxpayer Must Prove Change Of Domicile

Cozen O'Connor on

The Pennsylvania Supreme Court affirmed per curiam a decision that the burden of proving a change of domicile is on the person claiming the change. Hvizdak v. Commonwealth, 92 MAP 2012 (Pa. June 17, 2013) (per curiam), aff’g...more

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