In order to establish a new domicile, you must be physically present within the new state and form a present intent to make your permanent legal residence in that state.  The following list sets forth several steps that could be taken to provide evidence that you actually intended to establish your domicile in Florida:

• Filing a declaration of domicile with the appropriate Florida Circuit Court clerk;

• Maintaining your permanent or marital home in Florida and applying for a homestead exemption (the filing deadline for 2008 is March 1, 2008);

• Registering your automobiles, boats, and other titled motor vehicles in Florida;

• Obtaining a Florida driver’s license and surrendering your old license

• Registering to vote as a resident of Florida and actually voting in Florida;

• Listing a Florida address as your residence address with the U.S. Post Office, banking and other financial institutions, and any other organizations or governmental bodies to whom you would report your residence address;

• Changing your address for magazine subscriptions, club memberships, and other professional or social listings;

• Making consistent residency statements on official forms and documents;

• Maintaining bank and financial accounts in Florida;

• Utilizing licensed professionals, such as doctors, dentists and lawyers, in Florida;

• Executing new or amended estate planning documents reciting your Florida residence; 

• Joining social groups in Florida and/or establishing business contacts in Florida;

• Filing your Federal income tax return with the U.S. Internal Revenue Service Center assigned to the Florida county in which you reside; and

• Filing a final income tax return in your former state of residence and reporting that you have ceased to be a resident of such state

If the state of your domicile is questioned, the courts reviewing this question will look at the evidence on both a quantitative and qualitative basis -- no one factor is necessarily dispositive. However, some factors may be given more weight than others.  For example, the place where you are registered to vote and the place where you actually vote are very important factors.  The location of your immediate family is also an important factor.

In addition, other factors may also be taken into account, including: where you claim a homeowner’s or homestead property tax exemption; and the size of homes maintained in different locations by you and the amount of time spent at each home by you. 

Florida does not have an estate tax or income tax, hence, it is not the state of Florida that will challenge your domicile, instead, it is your former state of residence. 

By effectively changing your domicile to Florida, you will, for all intents and purposes, become a non-resident of your former state for its income tax purposes and become taxable in your former state only on income “sourced” in such state.  However, even if you take all of the suggested steps to establish your domicile in Florida, it is possible that you could still be subject to income tax in your former state as a resident in certain situations.  For example, if you spend too much time in such state in a given year, you may be presumed to be a resident for purposes of its income tax. 

We welcome the opportunity to assist you with financial planning, estate planning, investment consulting or any other financial services or banking need. 

To learn more, please contact:

Scott M. Kellett, J.D. 

President

Bank of Florida Trust Company

Telephone (239) 254-2109

Email skellett@bankofflorida.com