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Old 07-05-2015, 11:04 AM
 
Location: Cape Cod
647 posts, read 1,036,386 times
Reputation: 612

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What exactly establishes someone as a resident of NC?

We have been renting, just moved into a condo, but are not sure if we'll stay beyond the end of this year. We'd rather not go through the process of retitling our 2 cars and obtaining NC registrations and licenses if we won't be here.

I know you need to do all that within 60 days of becoming a legal resident of NC, but what exactly determines a "resident"?
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Old 07-05-2015, 12:00 PM
 
Location: Sneads Ferry, NC
11,252 posts, read 19,782,454 times
Reputation: 5087
Quote:
Originally Posted by GMarcan920 View Post
I know you need to do all that within 60 days of becoming a legal resident of NC, but what exactly determines a "resident"?
There is an official definition for the purposes of obtaining in-state tuition. There are probably different definitions for the purpose of voting and for paying state income tax. Intenetion to stay is probably one of the criteria.

IMHO, if there is at least a 50% chance you will not stay in North Carolina after the end of this year, I would not re-title the car. There are enough out-of-state plates that you prbably will not be penalized.
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Old 07-05-2015, 02:44 PM
 
Location: New Jersey
784 posts, read 1,634,470 times
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The only "entity" that cares at all if you have lived here for more than 60 days are the police.... if stopped by the police for any reason and they ask how long you have been here, the answer is "just got here about a month ago, we're renting" .... absolutely no way to check on that nor will they try... period... just as long as you have a valid drivers license from some state somewhere and insurance on your car from that state you will be just fine..... people come here and stay for any length of time without being residents.... just like yourself they may not be sure about staying either.
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Old 07-05-2015, 05:24 PM
 
Location: Cape Cod
647 posts, read 1,036,386 times
Reputation: 612
So, even if we have just purchased a condo, it's unlikely that anything can trigger when or if we are legal residents of the state by virtue of us purchasing a condo.

Thanks for the quick response!
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Old 07-05-2015, 06:40 PM
 
Location: Southport
4,639 posts, read 4,810,855 times
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"Residency" is determined by a number of things...your primary residence, where you pay taxes, where you are registered to vote, etc. Do you own a home in another state? What address did you list on your tax return last year? What address will you use this year? I can't tell if you want, or don't want, to establish residency in NC? I assume you had residency somewhere before you moved to NC?

Where you claim your primary residence doesn't matter until your challenged on it by someone...whether that's the IRS, state department of Revenue, division of motor vehicles, etc. At that point you have to make your case, based on the preponderance of the evidence.
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Old 07-05-2015, 07:36 PM
 
Location: Raleigh, NC
10,401 posts, read 19,420,530 times
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It may depend on WHY you are claiming residency. As mentioned, for in-state tuition, you must live here a minimum of 1 year, but that in itself is not always enough. This decision is up to the university or school in question and subjective factors come into play.

For other things, like filing Federal taxes in NC, I believe you have to "live" here half of the year (this is mostly an issue with people who have houses in two states). To register to vote in NC, you only have to live here for 30 days. Elizabeth Dole famously ran for, and won, a US Senate seat from NC using her mother's address, when nobody really thought she actually "lived" here. When she lost her next election, suddenly you never heard her claiming to be an NC resident anymore.

Otherwise, being deemed a "resident" of somewhere is subject to the rules for whatever particular entity/college etc you need to be a resident.

What is the specific reason you are trying to establish residency?
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Old 07-05-2015, 08:40 PM
 
2,784 posts, read 7,333,173 times
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Quote:
Originally Posted by Francois View Post
It may depend on WHY you are claiming residency. As mentioned, for in-state tuition, you must live here a minimum of 1 year, but that in itself is not always enough. This decision is up to the university or school in question and subjective factors come into play.

For other things, like filing Federal taxes in NC, I believe you have to "live" here half of the year (this is mostly an issue with people who have houses in two states). To register to vote in NC, you only have to live here for 30 days. Elizabeth Dole famously ran for, and won, a US Senate seat from NC using her mother's address, when nobody really thought she actually "lived" here. When she lost her next election, suddenly you never heard her claiming to be an NC resident anymore.

Otherwise, being deemed a "resident" of somewhere is subject to the rules for whatever particular entity/college etc you need to be a resident.

What is the specific reason you are trying to establish residency?



I believe she is attempting NOT to establish residency and go to all the trouble of re-registering her cars, getting NC licenses etc. She is contemplating selling her condo and moving out of State.

Please correct me if I am mistaken!
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Old 07-05-2015, 08:42 PM
 
Location: Raleigh, NC
10,401 posts, read 19,420,530 times
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Quote:
Originally Posted by jerseyj View Post
[/b]

I believe she is attempting NOT to establish residency and go to all the trouble of re-registering her cars, getting NC licenses etc. She is contemplating selling her condo and moving out of State.
Well, the law says you are supposed to register cars, etc within 60 days. That doesn't mean plenty of people don't game the system and not do so, and if she were truly about to move, she could probably be around more than 60 days for awhile and not be challenged. If caught, maybe she could somehow prove she was about to move and perhaps not get fined, I don't know.
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Old 07-06-2015, 03:09 AM
 
Location: Cape Cod
647 posts, read 1,036,386 times
Reputation: 612
Thank you all, information has been quite helpful. I rather suspect we'll go ahead and register and title our cars in NC and get NC licenses. It appears that that should be done within 60 days and I'm not good at being a rule breaker.
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