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Hi, folks; I'm hoping someone here can give me some advice about laws and rules regarding residency.
I'm currently a NY resident. My car's registered in NY, I live in NY, and I pay NY taxes. I've just accepted a job with the federal government; I'm going to be living in DC but working in VA (Arlington). Further, I plan on residing in the area for less than 18 months.
Now, what are the rules about becoming a DC resident? Must I do it just because I'm living in the District? Is it optional? I would like to, if it is possible, keep my NY license plates (I have off-street parking), pay NY taxes on my earnings, and vote (absentee) in NY elections.
Does anyone have any solid information (i.e. not conjecture) on this stuff?
If you live in DC for more than half the tax year, you'll have to pay DC taxes. It doesn't matter that you are working in Virginia. That you plan to live here 18 months is irrelevant -- many people came to DC years ago with such plans and are still here. As for the car, there are special rules for students, diplomats, military, etc. but you don't seem to fall into any of those categories.
As for voting in NY, that would depend on the NY voting laws.
If you park off street you can probably get away with keeping the NY plates. If you park on street then they are going to catch it sooner or later, and you will be forced to get DC plates. My friend went through this last year.
If you park off street you can probably get away with keeping the NY plates. If you park on street then they are going to catch it sooner or later, and you will be forced to get DC plates. My friend went through this last year.
Agreed. It's been a few years since I lived in DC, but I recall that there was a law that required new residents to register the car in DC within 60 or 90 days. Obviously, it would not be apparent how long your NY-plate vehicle has been in the district, but you may get "caught" if you are cited for some other infraction or if you get two standard parking tickets separated by a few months and you still have your NY plates on your car.
As long as you park your car off street then you will be fine. I knwo to park in some areas in DC you will need a parking sticker. You just have to read all the parking signs before parking. Dc love to give out tickets.
I think you need to bite the bullet and make the change.
DC occasionally specifically cracks down on improper registration in certain areas. While you are off-street it is really more important are you 'out of view'. If an office on a sidewalk can see your car parked consistently day in day out they may issue you a ticket or a warning. Once you get in the system as being in DC (i.e. having a ticket) then they'll start looking for you more and more.
Plenty of people do it--some get caught, some don't.
As for the other stuff--living in DC but paying NY taxes--they generally have a word for it: tax evasion. And yes, it is a crime. You can't pick and choose where you file taxes--otherwise everyone would pick NH or Texas or someplace else without an income tax.
'Resident' means generally means where you live in most situations. If you could prove that you were 'on assignment' for the federal government and that your home base was NY and this was a temporary thing, you *might* be able to skate out of becoming a DC resident for tax purposes--but highly doubtful.
Oh, and a random note: if you are working for the federal government, and you are in a position in which you may get promoted one day, then you need to consider whether further growth in your career will require background or security checks. In addition if you eventually get a mortgage you may be asked for proof of residency / local income taxes for part of your credit check.
Another thing to consider--car insurance. If you are telling the insurance company you are in NY and paying NY rates and end up actually living in DC, well they can have cause to deny any claim and even more so, have cause to file fraud claims against you.
Really, just bite the bullet. It's only 18 months and it isn't going to be that bad.
You better be careful about the voting in New York business. The Board of Elections verifies your residence by mailng out a non-forwardable card with your polling place info before every primary. Unless there's someone at your NY address accepting all your mail, expect to find your voter registration deleted and your right to vote denied.
I'd bite the bullet and register the car in the District. When I lived in DC, I had a couple of friends who were in minor fender-benders or had their cars broken into. They had out of state insurance and went through a lot of problems when filing a claim. One insurance company threatened to file fraud charges because it became evident that my friend was living and working in DC -- and had been doing so for quite some time. It's just not worth the hassle.
Hi, folks; I'm hoping someone here can give me some advice about laws and rules regarding residency.
I'm currently a NY resident. My car's registered in NY, I live in NY, and I pay NY taxes. I've just accepted a job with the federal government; I'm going to be living in DC but working in VA (Arlington). Further, I plan on residing in the area for less than 18 months.
Now, what are the rules about becoming a DC resident? Must I do it just because I'm living in the District? Is it optional? I would like to, if it is possible, keep my NY license plates (I have off-street parking), pay NY taxes on my earnings, and vote (absentee) in NY elections.
Does anyone have any solid information (i.e. not conjecture) on this stuff?
Thanks in advance.
Hi, I had an experience with your question in 1986. I lived in Richmond VA 106 miles south, owned a house, had proof of lights phone being continually paid for. But- I rented an apartment in DC for 2 years so I could come up and party (part of my misspent youth). Filed Virginia taxes. 10 years later DC caught up with me, said that their laws are if you have an established domicile in DC, you must file DC taxes. They somehow found out about my efficiency high rise fun weekend rental. The fact that I could show I owned an operated my own house in Richmond VA didnt erase that reality. However, they said they would give me "credit" on my DC taxes due subtracting the full year taxes I had paid VA. VA taxes were about 5%, DC taxes were about 10.5% . I consulted a lawyer, and he said it would be best if I paid DC. He thought that they had a strong case, and I could spend lots fighting it for years, with interest and penalties being added and still lose. - Zo, ya gotta know when to hold em, know when to fold em.
If NY taxes are fairly high, then it could be that it could be that credits DC grants you will completely cover DC taxes. I'm not a lawyer, however (Im a doc) so dont take this 20 year old advice as word of god. With off street parking, sounds like you could get away with keeping your NY plates.
In your shoes I would google to find DC tax laws, and hone in on what constitutes a "resident" in their instruction booklett.
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