Homeownership/Residency question

[Fuzzy_Dunlop]

@Henryunderborn

I am asking this from a “structural” point of view, not a matter of intricate dilemma.

Salem nh is here X — X Methuen MA is there.

if I decide to pay for an apartment in Methuen. Is there any reason, I couldn’t live there, to the same conditions I have lived under, in Salem. As if I never moved. Even if I live there or not.

There is no structural issue here. The only matter is the intricacies of it, which is why people keep harping on them against your protests.

Pick a specific instance of residency and we’ll give you a specific answer for that instance. There is no general answer. The closest anyone could come to a general or “structural” answer is that no you cannot decide your legal residency is different than your actual residency. You may be able to pretend you can without risk of consequences but that depends on the particular details.

[Telemark]

@Henryunderborn

if I decide to pay for an apartment in Methuen. Is there any reason, I couldn’t live there, to the same conditions I have lived under, in Salem. As if I never moved. Even if I live there or not.

Emphasis added. If you live there or not is THE DEFINITION of domicile. You can’t make a determination without that information.

That much is pretty clear in the page I linked to. Assuming you live there and you follow the letter and spirit of the law (as I read it) you must change your legal domicile to Methuen since you will be spending the majority of your time there. There is gray areas in the law so you should consult an attorney or a tax specialist for an expert opinion.

From my link above:

An individual’s domicile, or legal residence, depends upon all the facts and circumstances in each case, including the good faith of the individual.

Sound like you need to explain why you wish to do what you are asking. There’s no way anyone online can give you a definitive answer to your question.

[MikeS]

If this is your primary source of income, then in practical terms it’s not likely to matter. Massachusetts, like most states with income tax, taxes non-residents on income earned from Massachusetts sources. So even if your “Registered Residence” (whatever that is) is in New Hampshire, you’re still liable for the income tax on your Massachusetts-sources income. You wouldn’t be liable for tax on any income from non-MA sources (such as interest or dividends), but for most working stiffs that would be a minimal difference.

That said, if you’re physically present in the state for work 200+ days per year, you may still be required to file taxes as a resident. There’s an example in the link Telemark posted that seems pretty much exactly like what you’re proposing (bolding original):

Presence in Massachusetts Examples:

Example 1: Alice owns a house in northern New Hampshire and rents an apartment in Boston, where she works 4 days a week. Alice spends 3 nights and 4 days in Massachusetts each week. The remaining time she spends in her home in New Hampshire. Alice considers her domicile to be New Hampshire and most of her social, political, economic, and familial ties are connected to that state. Alice takes three weeks vacation a year, or 12 days, all of which she spends outside of Massachusetts. She receives 10 paid holidays from her employer each year and spends the holidays outside of Massachusetts. For the year from January 1st to December 31st, Alice has spent 186 days in Massachusetts and 179 in New Hampshire and elsewhere. Even though her domicile may be located in New Hampshire, Alice is subject to tax as a Massachusetts resident for the year since she spent more than 183 days in Massachusetts and maintained a permanent place of abode here. As a resident, Alice must file Form 1 by April 15th of the following year.

[Henryunderborn]

@Fuzzy_Dunlop

There is no structural issue here. The only matter is the intricacies of it, which is why people keep harping on them against your protests.

Pick a specific instance of residency and we’ll give you a specific answer for that instance. There is no general answer. The closest anyone could come to a general or “structural” answer is that no you cannot decide your legal residency is different than your actual residency. You may be able to pretend you can without risk of consequences but that depends on the particular details.

So did you just answer my question? It is illegal to occupy an apartment in mass. While maintaining continuity of nh registered residence?

Let’s say I rented an apartment out as storage. Just because it’s an apartment in my name and it’s the only location under my possession, doesn’t mean I have to route myself to it through official agencies right?

[doreen]

@Henryunderborn

So did you just answer my question? It is illegal to occupy an apartment in mass. While maintaining continuity of nh registered residence?

No, you’ve got it backwards- if you live in an apartment in Mass under certain circumstances ( which appear to include living there 5 days a week while you work in Mass for an indefinite period of time ) , you will be considered a Mass resident for some or all purposes by definition. It is impossible , not illegal to be in those circumstances and not be a resident. And it doesn’t matter if NH also considers you a resident. Residency is not like citizenship where you may be able to live in a country and choose not to be a citizen.

There has got to be some reason you are so intent in wanting to live in Massachusetts but not be a resident. Since you've said it's not because of taxes, I cannot imagine what it could be.

[UDS]

@Henryunderborn

So did you just answer my question? It is illegal to occupy an apartment in mass. While maintaining continuity of nh registered residence?

It’s not illegal to occupy an apartment in Massachussets (provided, of course, you own the apartment, rent it or have the permission of the owner).

But if you do occupy an apartment in Massachussets, it may be illegal to claim to be a New Hampshire resident, because that would be lying. Whether it’s illegal to lie about this depends on who you are lying to, and for what purpose.

@Henryunderborn

Let’s say I rented an apartment out as storage. Just because it’s an apartment in my name and it’s the only location under my possession, doesn’t mean I have to route myself to it through official agencies right?

Completely different scenario. Having property in Massachussets that you could occupy does not make you a Massachussets resident. What makes you a Massachussets resident is actually residing in Massachussets.

[Fuzzy_Dunlop]

@Henryunderborn

So did you just answer my question? It is illegal to occupy an apartment in mass. While maintaining continuity of nh registered residence?

Let’s say I rented an apartment out as storage. Just because it’s an apartment in my name and it’s the only location under my possession, doesn’t mean I have to route myself to it through official agencies right?

No. I’m saying it’s impossible to live in an apartment in MA year round and maintain NH residency. No illegal, not unscrupulous, impossible. The closest you could come would be to lie about it.

As an analogy, can you own a red truck, and drive it every day, and still be a blue van driver? You cannot possibly be a blue van driver, because by definition someone who owns and drives a red truck every day is a red truck driver. The closest alternative would be to lie to everybody.

On the other hand, leasing an apartment in MA doesn’t make it your residence. In fact, by the same logic, if you live with your parents in NH every day of the year, you would be a NH resident. The fact that you’ve leased an apartment in MA is irrelevant to your residency. What matters is where you actually live.

The only grey is when you do both - sometimes you live in NH and sometimes you live in MA. Sometimes you drive your red truck and sometimes you drive your blue van. Which are you? That’s where the intricacies everyone has been linking to come into play.

[Henryunderborn]

i wouldnt want to switch new hampshire license, so i could have an apartment under my name, in ma, with no feasable reason for dispute?

[UDS]

@Henryunderborn

i wouldnt want to switch new hampshire license, so i could have an apartment under my name, in ma, with no feasable reason for dispute?

If you were in fact living in New Hampshire, there would be a feasible reason for dispute.

If you are not living in New Hampshire, there would be no feasible reason for dispute. In that circumstance you would not even ineed to have an apartment under your own name in MA.

Bottom line: whether you own or rent an apartment in Massachussets is completely irrelevant to the question of whether you are a New Hampshire resident. The only relevant fact is the extent to which you live in New Hampshire.

[Telemark]

@Henryunderborn

i wouldnt want to switch new hampshire license, so i could have an apartment under my name, in ma, with no feasable reason for dispute?

No, as just said, if you live in MA then you live in MA. If you set up your car registration in NH when you reside in MA then there is a reason for dispute. If you file a tax return that incorrectly represents where you live then there is a reason for dispute. If you get renters or homeowners insurance and misrepresent where you live then there is reason for dispute.

You may get away with it for a while. You may get away with it forever. Or you may get caught and have all sorts of problems.

[md2000]

Just to hammer the point even harder:

There is no such thing as a “registered residence”.

Each state or country will determine whether you are a resident, whether you must pay taxes, etc. based on the criteria in their laws. From earlier posts, it appears that criteria is “where you spend the majority of your time and live your life” not where you work. To get nitpicky, the example was 183 days ( >half a year) as a cut-off.

You don’t have to “register” this. You can tell the DMV and tax department whatever you want; if they decide to challenge it, you can pay a lawyer to argue whatever you want, and a judge will decide. However, in the event of a dispute, there may be legal and financial consequences.

You can have as many homes as you want, all over the country; own, rent, or a combination; (McCain got raked over the coals politically for having what, 11 houses?) occupy, rent out, or store a hoarder-load of junk. Whose name is on the title or leases is totally irrelevant. Only one can be your primary residence. See point #2 above. Normally, unless your time is fairly evenly split (or you have and use 11 homes), it will be obvious which is your “home”.

Some DMV and insurance companies will get upset over a vehicle that appears to spend the majority of its time in their state but is registered in another. This could result in insurance claims being denied, tickets or fines for failure to properly register or for evading taxes, etc. You could be charged with voter fraud if the DA and judge decide you are not eligible to have cast a vote and you did.

I’m reminded of the Mark Twain quote:
MT: “How many legs does a dog have if we call the tail a leg too?”
Set-up Guy: “Five?”
MT: “No, four. Just because you call a tail a leg doesn’t make it one.”

You can call your primary residence (not “registered”) whatever you want. However, if the MA Tax Department or DMV or whomever does not agree with your reasons why, their reasons will prevail.