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Topic: Filing MA State Tax?  (Read 2647 times)

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Re: Filing MA State Tax?
« Reply #15 on: July 02, 2015, 07:26:21 PM »
vadio, questions regarding residence and domicile are interesting. Even though you had to give up your VA license by law there would have still been legal possibilities for you to keep a US licence, had you really wanted.

Taking the example of nomads, what they normally do is pick a state as their US domicile, they have a range of US states to chose from. As you can imagine the most common states they pick are ones with no income tax e.g. Florida,Texas, South Dakota. You can rent a mailbox in these states and register all your documentation to it i.e. voter registration, driving license, financial accounts and taxes. Even though they are practically never physically in the state it is their US domicile for all intents and purposes. This is a completely legal method from what I've read.

A US citizen abroad is similar to a nomad, and could easily also pick a US state as a domicile, thereby keep all ties to the country intact. To what extent you want to go to depends on your personal circumstances but there is normally always a legal approach that is possible. 

Defining domicile and residence is tricky, and going back to the driving license I like how NY DMV website mentions it:

Quote
A judge considers the law and the evidence of your intent and decides if you are a resident of New York State........ DMV does not decide if you are a resident of New York State, if you must get a NYS driver license, or if you must register your vehicle in New York State.

If it would ever come down to it, (which for most people with nothing to hide it never would) it is ultimately (at least in most states) a decision of a judge to define your domicile and residence, not the DMV. A judge would hopefully take your personal circumstances into consideration.

Personally I also find it quite sad  :\\\'( when US citizens abroad cut all ties to their country of birth because the US is very much a citizen and not resident oriented country. You have a right to vote for congress, senate and president in the most powerful country in the world no matter where you live in the world. A citizen of e.g. Denmark loses their Danish voting rights as soon as they leave Denmark. Being a US citizen abroad is more than just having a US passport hidden in a dusty cupboard. You have rights, use them !
« Last Edit: July 02, 2015, 07:38:47 PM by robertUSA »


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Re: Filing MA State Tax?
« Reply #16 on: July 03, 2015, 09:33:36 AM »

Personally I also find it quite sad  :\\\'( when US citizens abroad cut all ties to their country of birth because the US is very much a citizen and not resident oriented country. You have a right to vote for congress, senate and president in the most powerful country in the world no matter where you live in the world. A citizen of e.g. Denmark loses their Danish voting rights as soon as they leave Denmark. Being a US citizen abroad is more than just having a US passport hidden in a dusty cupboard. You have rights, use them !

I definitely agree with this to a certain degree. Even though I do not agree with things the US does or certain viewpoints it has as a whole [we all know it can't really be judged as a whole though given it's so large!], I don't think I would ever just freely give away my right to citizenship away unless i needed to -and even then it would probably be a tough choice.

But I guess it's definitely a "different strokes for different folks" type situation.
My, how time flies....

* Married in the US and applied for first spousal visa August 2013
* Moved to the UK on said visa October 2013
* FLR(M) applied for  May 2016. Biometrics requested June 2016. Approval given July 2016.
* ILR applied for January 2019 (using priority processing). Approved February 2019.
* Citizenship applied for May  2019
* Citizenship approved on July 4th 2019
* Ceremony conducted on August 28th 2019

'Mommy, Wow! I'm a legit Brit now!'


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Re: Filing MA State Tax?
« Reply #17 on: July 03, 2015, 10:48:17 AM »
It's highly personal - and I don't feel that I  'cut all ties' to the US - only to the Commonwealth of Virginia. My father, daughter, 3 grand kids and 2 great-grand kids live in NC. I was born there, but haven't lived in the state since 1993, and highly doubt that I will ever live there again.

I am UK resident, and now a dual national. I also consider myself domiciled in the UK, and as I stated before, the UK is my "home". When I go to the US now, it's a 'visit', and I'm not "going home". But that's me. I do however, have a US  bank accounts and IRAs from my work life - all  with my UK address. As much as it annoys me to file a US tax return, given my age, I doubt that I will relinquish my US citizenship to avoid US filing obligations.

But - and again this is personal - I also strongly believe in not skirting the law. I am not resident in the US, in any state and therefore I will not use any loophole to get a driving license. Voting is another manner  - for a foreign resident, that is a matter of voting absentee in the last state of residence. Virginia lost a challenge to try to claim that as proof of a Virginia domicile, as it's Federal law that comes into play, not Virginia law.

 Again, individual comfort levels and feelings will vary.
Married December 1992 (my 'old flame' whom I first met in the mid-70s)
1st move to UK - 1993 (Letter of Consent granted at British Embassy in Washington DC)
ILR - 1994 (1 year later - no fee way back then!)
Back to US in 2000
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Approval received 15-10-14; ceremony scheduled for 10 November!
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Re: Filing MA State Tax?
« Reply #18 on: July 03, 2015, 11:09:27 AM »
it is highly personal. I guess my situation is the opposite to yours. I've spent most of my younger life outside the US and intend to repatriate back for my older life. Even though I live and work in the UK , and lived in many other countries around the world. I always considered it temporary.


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Re: Filing MA State Tax?
« Reply #19 on: July 03, 2015, 11:16:33 AM »
Think it's just hard to compare in my situation. I'm only 25 - almost 26 - and lived my entire life in the US before coming here just under 2 years ago - so perhaps that contributes to why I don't feel like I am confident in staying here indefinitely for the remainder of my days. Once I get more years under my belt, that may change and likewise, if we decide to have children, I may want to go back and be close to my family as they are in a better situation to help out if needed. I just am not sure yet. You are right, it is definitely a very personal thing that can vary - especially given that each state is vastly different as well and can potentially influence ones decision. For example, I am pretty sure that my situation of holding an MA license is not illegal based on outside conversations.

Likewise, while I appreciate that I am still able to vote in the US because I'm a resident, I don't because I don't think it's fair for me to cast my vote in a place that I am no longer governed by. But I like the knowledge that, with citizenship, comes an easier way to repatriate if I wanted relatively simply.
My, how time flies....

* Married in the US and applied for first spousal visa August 2013
* Moved to the UK on said visa October 2013
* FLR(M) applied for  May 2016. Biometrics requested June 2016. Approval given July 2016.
* ILR applied for January 2019 (using priority processing). Approved February 2019.
* Citizenship applied for May  2019
* Citizenship approved on July 4th 2019
* Ceremony conducted on August 28th 2019

'Mommy, Wow! I'm a legit Brit now!'


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