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PDF Editor FAQ
Why has Donald Trump declared himself a Florida resident?
Hey Kirstie!Great question by the way! And you know I have an interesting answer for you!Now White House officials did not provide a comment on why he's doing it. But there are several advantages to it, primarily that Florida has no state income tax. Since he signed the 2017 tax bill into law, POTUS now joins the ranks of people leaving NY. Political reasons are also in play.But let me give you a little history of the Trump clan and how the bone spurs prone illegal Trumps were welcomed with open arms in America despite they couldn’t be legally here and were draft dodgers! Yes, that’s right already way back then in 1885…On October 7, 1885, Friedrich Trump, a 16-year-old German barber, bought a one-way ticket for America, escaping three years of compulsory German military service. He had been a sickly child, unsuited to hard labor, and feared the effects of the draft. It might have been illegal, but America didn’t care about this law-breaking—at that time, Germans were seen as highly desirable migrants—and Trump was welcomed with open arms. Less than two weeks later, he arrived in New York, where he would eventually make a small fortune.***He married a woman from his German hometown, Kallstadt, where his parents had owned vineyards, and attempted to return home with his fortune. But when his draft dodging came to the fore, the couple lost their Bavarian citizenship and were obliged to return to America for good.(www.history.com/...)That the very son of the first draft evading illegal Trump would one day wear the white robes himself (www.vice.com/...) is ironic and something that in a normal family capable of embarrassment would be disturbing and even humbling.Yes, Fred Trump was a berobed marcher.Who’d a thought that one day the son of a white-sheeted knight of Queens would rise to the presidency and, for tax and political purposes, try to give the appearance of moving his racist ass to Palm Beach sort of for keeps. It’s time to peer deeply into his empty heart on this. GaltisalieNow the very son of that white-robe wearing Trump says he wants to bring his domicile and his most personal effects (diaries, black books, secret tanning products, dear old dad’s racist momentos, etc.) in a U-Haul to the Sunshine State (www.nytimes.com/...). This time, in addition to leaving his white-robe sympathizing ways behind and other acts of sincere contrition, he better be prepared to bring clear and convincing proof. Smart people with subpoena power will want to peer deep within his empty heart to discern the truth, which could be challenging to both the auditor and the audited.To prove a change of domicile, the asserting party must prove the change of domicile by clear and convincing evidence.17 As previously mentioned, proving domicile is a fact-intensive inquiry. New York’s Appellate Division has stated that “no single factor is controlling and the unique facts and circumstances of each case must be closely considered.”18 In Matter of Rudolph (Deceased) & Loretta Zapka, New York Department of Taxation Appeals, DTA No. 804111 (June 22, 1989), the taxpayers argued they changed their domicile from New York to Florida, but they had strong ties to both New York and Florida. New York’s Tax Appeals Tribunal stated that “[t]he mere fact that persuasive arguments can be made from the facts in support of both Florida and New York as petitioners’ domicile indicates that they have not clearly and convincingly evidenced an intent to change their New York domicile.”19 Accordingly, establishing strong ties in a new location may not be sufficient evidence of intent if strong ties are continued with the old domicile.***After changing domicile, New York may challenge the individual’s nonresident filing status for income tax purposes via an income tax audit. During an audit, three issues are examined, starting with the domicile of the individual. If it is determined that the individual is not domiciled in New York, the next issue is whether the individual is a New York statutory resident. If the individual is determined to be a New York statutory resident, the third issue is the allocation of income. The scope of the audit will be based on the facts involved.***In determining domicile, the guidelines require the auditor to examine two general categories: primary factors and other factors.34 There are five primary factors: the home; active business involvement; time; items “near and dear”; and family connections. If the auditor has not reached a supportable conclusion based upon the five primary factors, the auditor will examine “other” factors, including, but not limited to:35• Citation in legal documents, such as wills, that a jurisdiction is the place of domicile.• Address at which bills, financial statements and correspondence concerning other family business is primarily received.• Physical location of safe deposit boxes used for family records and valuables.• Location of auto, boat, and airplane registrations and driver’s or operator’s licenses.• Where the individual is registered to vote and whether he or she has exercised that right.• Possession of a New York City Parking Tax exemption.• Telephone services at each residence, including the nature of the listing, the type of service features and activity at the location.(www.floridabar.org/...)Let the auditing continue and delve even more deeply.Sources: Everyone linked in the text.
How do you establish Florida residency?
Here is a good list:A Florida resident has a true, fixed and permanent home in Florida. Certain actions establish residency; other actions only indicate intent to establish residency. Combining the two action groups result in a well-documented change of residency to Florida.Actions to establish residency—the minimum requirements:File a Declaration of Domicile: File a Declaration of Domicile in the Office of the Clerk of the Circuit Court in which you intend to reside. You may download the declaration from your Florida County’s website. The counties require notarization of the form. The clerk’s office usually has a notary public on site. If the state of your former residence has a Declaration of Non-domicile, consider filing it. Some Florida counties include the Declaration of Domicile on the homestead property tax exemption form.Apply for a Homestead property tax exemption: Qualify for the homestead property tax exemption if you own your Florida residence. You have until March 1 to file for the homestead property tax exemption with the County Property Appraiser in your Florida county of residence. You may follow the links to the specific county property appraiser site to download the county’s homestead exemption application (Florida Dept. of Revenue). Call the appraiser’s office to see if you need to submit the form in person or if you can mail it in, as each county has a different procedure. You will need a copy of your deed, a Florida driver’s license, a Florida automobile registration (if applicable), your voter registration card and/or a filed Declaration of Domicile, and your social security number in order to complete the form. If you do not drive, you must get a Highway Patrol identification card issued at the Florida Department of Highway Safety and Motor Vehicles office (DHSMV). For jointly owned property, both parties must furnish the proof.Register to Vote: After moving to Florida, register to vote as a resident of Florida. Contact the County Supervisor of Elections for residency requirements for voting and then register. Contact the county Board of Registrars of your former state of residence to notify the Board of your change of residence and instruct the Board to remove your name from your former county’s voting roll.Actions to indicate intent to establish residency:Florida driver’s license: Obtain a Florida driver’s license and plates for your automobile. You must visit a Florida DHSMV site in person to obtain an initial Florida driver’s license. Florida law requires identification, proof of date of birth (i.e. certified US birth certificate, valid US passport, Certificate of Naturalization), proof of residential address (i.e. deed, Florida voter registration card, Florida vehicle registration) and proof of social security number (i.e. social security card, W-2, pay stub) from all residents before issuing a driver’s license or identification card. If you’ve recently changed your name (i.e. marriage), be sure you’ve updated your records with the Social Security Administration before applying for a Florida license. Contact the local Florida DHSMV for driver’s license requirements (Florida Highway Safety and Motor Vehicles).Income tax returns: File future Federal income tax returns using your Florida address. (IRS Service Center in Austin, TX if no payment due. IRS Service Center in Charlotte, NC if payment due.) If you have income sourced in a state outside of Florida (i.e. your former state of residence), file a nonresident income tax return in the state of the sourced income if that state has an individual income tax.Wills and estate planning: If you do not have a will or you have a will executed in your former state of residence, contact an attorney to draw a will declaring Florida as your state of legal residence. Execute your estate planning documents in Florida.Tax agency: Notify taxing officials of your change of residence by either calling the state’s Department of Revenue or, if your state of former residence has a change of address form, filing the change of address form. Most states’ part-year resident returns provide a place on the return to indicate your period of residency ending within the tax year.Physical presence: Be physically present in Florida for more than half of the year. Own or lease, and occupy, a dwelling in Florida.Stocks and ownership interests: If you own corporate stocks or own a Partnership/LLC interest outside of a broker account, notify the entities of your change of residence. This will not only indicate your intention to establish Florida residency, it will ensure you receive your Forms 1099 and Schedules K-1 to assist you in preparing your income tax returns. Transfer financial (i.e. securities, bank) accounts from your state of former residence to Florida. Change your mailing address to Florida for any out-of-state accounts (i.e. brokerage accounts, bank accounts) you maintain.Safe deposit box: Rent a safe deposit box in Florida to hold all your valuables.Contracts and other documents: In all future contracts and other documents containing reference to your state of residency, cite Florida as your state of residency.Club memberships: Withdraw membership in any club outside of Florida if a requirement of membership includes residency within the state of the club’s location. Change an out-of-state club membership to a “nonresident” membership, when possible.Religious affiliations: Transfer your religious affiliations to Florida.Communications: Declare Florida your state of residence in all oral and written communications concerning your residence or domicile.Hotel registrations: Register at hotels as a resident of Florida.Business: Transact business in Florida.Social Security: Notify the Social Security Administration of your change of address.Passports: Use your Florida address for your passport.Credit cards: Use your Florida address for your charge accounts.Insurance: Register your Florida address with your insurance company and Medicare.Checks: Have all income, pension, dividend/interest checks and other payments mailed to your Florida address.
Do you believe Trump will be able to become an official Florida resident?
Yes. Trump can become an official resident of Florida. According to https://floridarevenue.com/Forms_library/current/gt800025.pdfYou are considered a Florida resident ...when your true, fixed, and permanent home and principal establishment is in Florida. Filing a declaration of domicile, qualifying for homestead exemption, or registering to vote in Florida can establish residency. Other actions, such as obtaining a Florida driver’s license, only indicate the intent to establish residency.Trump already has a home in Florida so if he declares that as his principle residence, rather than his home in New York, then that pretty much makes him a Florida resident.New York could dispute this if he were to spend 184 or more days per year in New York state. (According to New York Income tax definitions) Since becoming president he has probably spent less than 184 days per year in New York, so this shouldn’t pose a problem.
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