# Voting, State Tax



## TickTock (Apr 13, 2016)

I've recently moved to the UK and will be filing tax there and in the US this year. A tax advisor mentioned off-hand to me recently that I should try to avoid voting in state elections (vs federal) as a way of potentially avoiding paying state tax down the line. 

Is there any truth to this? The ballot for November in my state (MA) contains both federal/state questions, so I'm assuming this means in non-federal elections only?

(Background: moved from MA to UK earlier this year, earned income in both MA and UK this year and will definitely be filing state taxes this year, but trying to avoid doing it in the future by minimizing connections to MA - i.e., no real estate, loans, car ownerships etc). 

Thanks in advance for your help. I've looked through the forums and didn't find anything that directly addressed this question.


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## gairloch (Jun 24, 2011)

I believe if you vote in anything other than a Federal election it proves state residence and make you subject to Virginia State tax. Virginia is one of the states that really pursues it state citizen abroad. Once you come to their attention they are relentless...


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## JustLurking (Mar 25, 2015)

gairloch said:


> I believe if you vote in anything other than a Federal election it proves state residence and make you subject to Virginia State tax...


Virginia is certainly a problem case. You can only become a Virginia non-resident by moving to _another US state_. Bizarrely, moving to a foreign country doesn't terminate Virginia residency.

The OP is in Massachusetts, though.


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## Bevdeforges (Nov 16, 2007)

Basically, once you move outside the US, you should be voting only for Federal offices - but from your last residence in the US. As long as you aren't maintaining your residence in MA, though, you should be OK. Most states have a special absentee ballot they send to overseas residents that only includes the relevant races. However, state rules vary. (MA isn't known to be terribly "difficult" as far as shifting residence.)
Cheers,
Bev


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## LC3622 (Jan 8, 2014)

JustLurking said:


> Virginia is certainly a problem case. You can only become a Virginia non-resident by moving to _another US state_. Bizarrely, moving to a foreign country doesn't terminate Virginia residency.
> 
> The OP is in Massachusetts, though.


The more stories like these I hear, the more I despise own country... What a tax scam...

I would not vote in any elections as voting is done through the state and you never know what the state may come up with in the future. Talking about taxation without representation.


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## gairloch (Jun 24, 2011)

JustLurking said:


> Virginia is certainly a problem case. You can only become a Virginia non-resident by moving to _another US state_. Bizarrely, moving to a foreign country doesn't terminate Virginia residency.
> 
> The OP is in Massachusetts, though.


Well more accurately, its just that moving to a foreign country does not _automatically _terminate Virginia residency. 
Ex: You move (from Virginia) to the UK at your company's request. This means the UK is a temporary home (i.e. not permanent). Therefore for this period of time you will remain a VA resident. Lets say you moved back to Calf after the UK instead of VA. Nothing has changed, you are still a VA resident until taking up residence in CA because during the period abroad your intent was not to resident permanently in the UK. And by the law you remain resident of the last state you legally resided unless you have taken steps to reside permanently somewhere else.
Ex: You move (from VA.) to Germany. For good. You sell your VA registered car, your house, any land, and your drivers license (because keeping and using a VA driver's licence _indicates _you are a _still _a VA resident. You have severed you links to Virginia. You get a German resident permit and drivers license, a job, and pay German tax. The VA tax authority would be unable to prove you intended to return to the US. You would be able to prove your intent to sever ties to Va and to reside permanently in Germany. You would no longer be a VA resident.
Note: You can only vote in Federal elections (no state or local voting).
Note: Keeping a US state driver's lic is a strong indicator you are a resident of that state. Renewing a driver's lic is proof positive you are still a resident of that state (must be resident to renew is in the fine print of most every state).
Note: Keeping land, renting out a house or apartment, keeping a business you own in VA gives you a place to move back to in VA or indicates you do business there. Bad idea.
Note: some states do not care (some have no tax, others are just easy). VA cares - a lot.

Workarounds: if you reside in one of the state that _does _care (e.g. VA) then you must sever your ties when you leave otherwise you remain a reside until you do (no it cannot be backdated). Not filing VA tax is not an option as VA tax court records show cases of where they caught up to the 'offenders' after several year (5, 6, etc...) and made them pay tax, + interest, + penalties. You can move to another state permanently before leaving (Texas is good - no state tax). Or do your homework and take action.
WARNING: VA will terminate your driver's lic when you terminate residency, but they give you the option of contacting them to tell you are still a resident and keep it...


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## Bevdeforges (Nov 16, 2007)

Ooh, boy, are we adrift here, but I admit your comments about the driver's license got me thinking. Virginia IS one of the states that will get you a foreign driving license by exchange (at least in France, possibly elsewhere). But you have to hang onto your license when you move in order to exchange it here. Then again, to be eligible to exchange your license like that, you have to have a "long-stay" visa and do the exchange within three months of the end of your first year in France.

I would think that doing a license exchange like that would be evidence that you have broken your Virginia residence. Though I think the prefectures return the US licenses to the US Consulate here. I don't know if the Consulate then notifies the state motor vehicle people.
Cheers,
Bev


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## LC3622 (Jan 8, 2014)

Is there something like a safe harbour rule? California is another super difficult intent state, but if you have a permanent job outside the state (or the country) for at least 18months or something, they treat you as a non resident even if you have driver's license, etc. You don't even have to file as you are automatically a non-resident. Even if you return, my understanding they cannot charge you for back taxes due to the safe harbour rule.


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## Bevdeforges (Nov 16, 2007)

California was my last state of residence before I moved. And though I have heard that they are really tough about letting go, I really had very little problem. I left a credit union account there, and my house was on the market for a good six months after I left. I had a bit of a problem settling my California taxes for the year my house sold (i.e. the year after I moved out of CA) but ultimately that was resolved with my filing as a non-resident, no problem.

I'm not sure the exact rules, but generally being able to prove intent does seem to help.
Cheers,
Bev


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## dancebert (Jun 4, 2015)

JustLurking said:


> Virginia is certainly a problem case. You can only become a Virginia non-resident by moving to _another US state_. Bizarrely, moving to a foreign country doesn't terminate Virginia residency.
> 
> The OP is in Massachusetts, though.


For state taxes, it's your domicile that matters, not residence. Establishing one's domicile in another state ends the first state's tax claims because one can have only one domicile but one can have multiple residences. I'm not sure how domicile v residence affects voter registration because it doesn't affect me.

Warning: many web sources confound or confuse the 2 terms, or use them interchangeably.


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