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Old 08-23-2014, 02:52 AM
 
7 posts, read 5,055 times
Reputation: 15

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Hi,

I am a California resident living over in China, I have lived here for about 8 years. My drivers license (now expired) is using my sisters house address in California and I receive some mail there. I do not own any property in California or any vehicles.
I do however own a house here in China. I am planning to sell the house here in China and move back to Colorado.
However in order to minimize capital gains tax from the state of California when I sell my house here in China I was planning that when I move back to USA to move to Nevada and become a resident there before I sell the house here in China. What is required for me to become a resident of Nevada and how long does it take? Once I have my Nevada residency then I will sell my house in China, would it be ok to just move off to Colorado right away and buy a house there and ultimately become a resident of Colorado? Would this work and is this legal?

Thanks for any advice.
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Old 08-24-2014, 06:53 PM
 
523 posts, read 586,335 times
Reputation: 260
google ca residency
read pb 1031

[My drivers license (now expired) is using my sisters house address in California and I receive some mail there. I do not own any property in California or any vehicles.]
Was a BAD idea which proves you INTEND to use CA as your address.

Ask whoever mail you mail directly to China.

You need to find out how long you have no ties with CA and "Domicile" in China?

If you start from now, you can Domicile in China for one year wiht NO CA connectons,
then you can move back to CO. Skip NV if you do not intend to live there.



Quote on
A resident is any individual who meets any of the following:
• Present in California for other than a temporary or transitory purpose.
• Domiciled in California,
but outside California
for a temporary or transitory purpose. (See “Meaning of Domicile’’ on page 9).

Meaning of Domicile
The term “domicile” has a special legal definition that is not the same as residence. While many states consider domicile and residence to be the same, California
makes a distinction and views them as two separate concepts, even though they may often overlap. For instance, you may be domiciled in but not be a resident or you may be domiciled in another state but be a California
resident for income tax purposes.
Domicile is defined for tax purposes as the place where you voluntarily establish yourself and family, not merely for a special or limited purpose, but with a present intention of making it your true, fixed, permanent home and principal establishment. It is the place where, whenever you are absent, you intend to return.
Change of Domicile
You can have only one domicile at a time. Once you acquire a domicile, you retain that domicile until you acquire another.
A change of domicile requires all of the following:
• Abandonment of your prior domicile.
• Physically moving to and residing in the new locality.
• Intent to remain in the new locality permanently or indefinitely as demonstrated by your actions.
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