James B. Evans, Jr., JD, LLM, CPA
Although it is a person’s subjective intent that establishes change of domicile, taxing authorities and the courts may place substantial weight on objective factors. However, a list of objective factors does not reduce a domicile determination to a mathematical test. A change of domicile to another state may be challenged even if most of the objective factors items listed below are satisfied.
File for a homestead exemption in the new domicile, if available
Obtain a driver's license in the new domicile and relinquish the former domicile state license
Acquire new license plates and relinquish former domicile state license plates
Register to vote in the new domicile and actually vote
File a nonresident, rather than a resident, former domicile state income tax return if there is former domicile state based income
File federal income tax return with IRS Center serving the new domicile state using the address of the new domicile
Transfer safe deposit box contents to the new domicile
Open bank and investment accounts in the new domicile
Change credit cards to the new domicile address
Execute estate planning documents in the new domicile
Refer to the new domicile residence in all trusts and other legal documents
Affiliate with organizations in the new domicile and consider disaffiliation with former domicile state ones
Where feasible, have family gatherings and social activities centered in the new domicile rather than former domicile state
Affiliate with a church or temple in the new domicile
Change address on passport to the new domicile address
Consider selling business interests in former domicile state
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Transfer works of art, expensive furniture and heirlooms to the new domicile and retain shipping receipts, if any, as proof transfer