# State Income Tax and Voting



## Alltimegreat1 (Feb 25, 2015)

So I've heard the claim several times now that American expats who vote in state-wide or local elections are liable to pay state and local income taxes despite living abroad.

Is there any truth to this claim?


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## Bevdeforges (Nov 16, 2007)

The short answer is: NO.

There are a couple of states who seem to be rather reluctant to let go of former residents who move abroad. But everything from FVAP, the organization that coordinates all the voting from overseas information, says that voting in a state is not sufficient evidence of "residence" in that state for tax purposes.

Now, if you still own property in that state, retain registrations there that require residence and a few other things, the state may still try extracting state income tax from you. But just using your last legal residence in the US as your "voting address" is not "residence" for tax purposes.

https://www.fvap.gov/ for further information.
Cheers,
Bev


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## Nononymous (Jul 12, 2011)

See also the report of Keith Redmond's fight with Maryland (which he ultimately won) on the "American Expatriates" Facebook group.


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## Moulard (Feb 3, 2017)

Since the enactment of The Uniformed and Overseas Citizens Absentee Voting Act in 1986, U.S. citizens have been allowed to vote from overseas, even if they have permanently left the United States.

The act does NOT apply to non-federal elections. Some states and territories also allow citizens covered by the UOCAVA to register and vote in state and local elections, but it is a matter for state and local law. The Act requires the states to provide a Federal Write-In Absentee Ballot for use when a normal ballot cannot be used.. for example when the timeframes are such that the standard ballot could not reach them and be returned in a timely manner. 

Residency is a matter of State law, which is why some States hold onto ex-residents far more tightly than others.

I only tangentially followed Keith's fight, but he won because Maryland Statute did not in fact include voting as a factor in determining residency.


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