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Zara Ahmed

Can I choose which home to designate as my primary residence when I live in two different states?

I'm in a bit of a situation and need some tax advice about primary residence designation. Recently sold our house in one state and now I'm renting an apartment there. Meanwhile, my wife bought a house in another state where she works and lives full time (it's a non-community property state). I'm splitting my time between both places. Is there any legal method that determines which residence I HAVE to list as my primary residence for tax purposes? Or am I allowed to choose which one I designate as primary? The financial implications seem pretty significant depending on which way we go. Just trying to figure out the best approach here without doing anything wrong. Appreciate any insights!

Luca Esposito

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Your primary residence for tax purposes is typically determined by where you have your "domicile" - essentially where you intend to make your permanent home. Since you're splitting time between two states, you'll need to look at several factors that tax authorities consider: 1. Where you spend the majority of your time (more than 183 days typically makes you a resident) 2. Where you're registered to vote 3. Where your driver's license is issued 4. Where you have bank accounts 5. Where you file as a resident for state income tax 6. The address on your federal tax return Since your wife lives full-time in the house in the second state, that could strengthen your case if you wanted to claim that as your primary residence. However, be careful - if you're spending most of your time in the apartment state, that state might challenge your residency status.

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Nia Thompson

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Does it matter which state has higher income taxes? Could OP potentially save money by choosing the state with lower taxes as their primary residence?

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Luca Esposito

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Yes, tax rates can definitely be a consideration when determining which residence might be more advantageous to claim as primary. If one state has significantly lower income taxes, there could be potential savings by establishing domicile there - but you need legitimate ties to that state beyond just tax benefits. You need to be able to genuinely demonstrate that the lower-tax state is truly your intended permanent home through the factors I mentioned (voting registration, driver's license, where you spend most time, etc). Tax authorities specifically look for people trying to claim residency in lower-tax states without actually living there, so you need substantial evidence beyond just saying it's your primary residence.

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I was in a similar situation last year splitting time between Colorado and Arizona. What really helped me was using https://taxr.ai to analyze my specific situation. I uploaded my documents from both states (lease, utility bills, work info) and it gave me a thorough breakdown of my residency status. Their analysis showed me that even though I was splitting time pretty evenly, the state where I had my driver's license, voter registration, and vehicle registration was considered my domicile. The tool flagged potential issues I hadn't considered, like my bank account locations and where my professional licenses were issued.

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How exactly does this taxr.ai thing work? Do I just upload my documents and it tells me which state should be my primary residence? Sounds too good to be true honestly.

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I'm curious - did the tool help you decide which residence would be more advantageous tax-wise? Or did it just tell you which one was legally your primary residence based on current factors?

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The tool analyzes the documents you upload and uses an AI system to identify factors that tax authorities look at when determining residency. It basically evaluates your situation against tax regulations and precedents from similar cases. The analysis went beyond just telling me my current status - it showed me what factors were working for and against each state being considered my domicile. It highlighted that my professional licensing and banking ties were actually creating a stronger connection to Colorado than I realized, even though I was physically in Arizona almost half the time.

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Just wanted to follow up about my experience with taxr.ai since I was skeptical at first. I decided to try it for my situation (splitting time between Washington and California). The analysis was surprisingly detailed and showed me that I had actually established domicile in Washington according to most standards, even though I was worried California would try to claim me as a resident. What I found most helpful was the specific recommendations for strengthening my case for Washington residency - like changing my professional memberships and making sure my important mail went to that address. Already saved me thousands in state income tax difference. Definitely worth checking out for anyone in a two-state situation!

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Ethan Wilson

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If you're having trouble getting straight answers from your state tax departments, I'd recommend Claimyr (https://claimyr.com). I was going back and forth for months trying to get someone on the phone at my state tax office to clarify my residency situation. After hours of hold music and disconnections, I found Claimyr through a YouTube video (https://youtu.be/_kiP6q8DX5c). They got me connected to an actual human at the state tax department in about 20 minutes instead of the 3+ hours I was waiting before. The tax department representative explained exactly what documentation I needed to establish my residency status and what red flags might trigger an audit of my situation.

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Yuki Tanaka

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How exactly does this service work? Do they just call and wait on hold for you? Couldn't you just put your phone on speaker and do something else while waiting?

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Carmen Diaz

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Sounds like a scam. Why would I pay someone else to make a phone call I could make myself? And how do they magically get through faster than regular people? The state tax offices don't have a special line for third parties.

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Ethan Wilson

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The service basically calls the IRS or state tax agencies and navigates through all the phone menus for you. When they're about to connect to a human representative, they call you and connect you directly to that person. The reason it's different from just waiting on hold yourself is that they have systems set up to continuously redial and work through the phone trees automatically. I tried the speaker phone approach too, but after getting disconnected twice after 1+ hour waits, it was beyond frustrating. Their system is basically doing the tedious part for you.

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Carmen Diaz

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I feel like I need to correct my earlier skepticism about Claimyr. After my third attempt trying to reach someone at the California Franchise Tax Board about my residency situation (kept getting disconnected after long holds), I gave in and tried the service. No idea how they did it, but I got a call back in about 25 minutes saying they had a tax representative on the line. The agent I spoke with gave me specific guidance about my situation moving between states and what documentation would protect me in case of residency audit. Saved me literally hours of frustration. Sometimes it's worth paying for convenience when dealing with tax bureaucracy.

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Andre Laurent

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Something important that hasn't been mentioned yet - if you bought or sold a primary residence, there are huge capital gains implications depending on which home you designate as primary. You can exclude up to $250,000 ($500,000 for married filing jointly) of capital gains from the sale of your primary residence if you've lived in it for 2 of the last 5 years. So if you sold one house at a significant profit, you might want that one to be considered your primary residence to get the capital gains exclusion.

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Zara Ahmed

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This is actually really helpful - we did sell our previous house at a decent profit (about $120,000 over what we paid). We definitely lived there for more than 2 of the last 5 years, so that capital gains exclusion would be significant. Does this mean I should make sure that sold house was officially my primary residence for tax purposes?

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Andre Laurent

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Yes, in your situation with a $120,000 profit, you'd definitely want to ensure the house you sold is considered your primary residence for the year of sale. That way the entire profit would be excluded from capital gains taxes. Just make sure you can document that it was your primary residence for at least 2 of the 5 years before the sale. This is separate from your current residency situation - you can establish a new primary residence after selling your old one. The IRS looks at the 2-out-of-5-years test for the capital gains exclusion, regardless of where you live now.

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AstroAce

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Has anyone used TurboTax to handle a multi-state residency situation? I'm in a similar boat as OP and wondering if the software handles this well or if I should go to a tax professional.

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I tried using TurboTax last year for a situation where I moved mid-year and it was kind of a nightmare. It kept getting confused about which state income belonged to. Ended up going to H&R Block and they sorted it out for me. For something complicated like two residences, I'd definitely see a professional.

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This is a really complex situation that requires careful documentation. Since you're splitting time between states, I'd strongly recommend keeping detailed records of where you spend each night throughout the year - many states use the 183-day rule to determine residency. One thing to consider is that since your wife lives full-time in the house she bought, you might have a stronger case for claiming that state as your domicile if you can establish other ties there (voter registration, driver's license, etc.). However, don't overlook the potential audit risk - states are increasingly aggressive about pursuing residents who they think are trying to avoid higher taxes. Given the capital gains exclusion opportunity on your sold house that Andre mentioned, plus the complexity of multi-state residency rules, this might be worth consulting with a tax professional who specializes in multi-state issues. The cost of professional advice could save you thousands in taxes and help you avoid potential audit problems down the road.

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Freya Nielsen

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This is excellent advice about keeping detailed records! I'm new to dealing with multi-state tax situations and hadn't thought about the 183-day rule. Should I be tracking this in a spreadsheet or is there a specific way tax authorities prefer to see this documented? Also, when you mention "audit risk" - what are the main red flags that would trigger a state to audit someone's residency claim?

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Serene Snow

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For documenting your days in each state, I'd recommend keeping a simple calendar or spreadsheet with dates, locations, and brief notes about why you were there (work, personal, etc.). Some people even take photos with location data as backup evidence. Tax authorities generally accept any reasonable documentation that shows where you were physically present. As for audit red flags, states typically look for: claiming residency in a no-tax or low-tax state while spending most time in a high-tax state; having a mailing address in one state but conducting most business in another; voting in one state but claiming residency in another; or patterns that suggest you're "gaming" the system for tax benefits. The key is consistency - make sure your driver's license, voter registration, bank accounts, and tax filings all align with where you claim to be domiciled. Mixed signals across these areas are what usually trigger closer scrutiny. In your situation with the capital gains exclusion potential, getting this right could save you significant money, so professional guidance is definitely worth considering.

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Micah Trail

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This is really helpful information about documentation! I'm curious about the photo evidence you mentioned - do you mean literally taking selfies or photos with GPS data as proof of where you were on specific days? That seems like it could get pretty tedious over a full year, but I can see how it would be bulletproof evidence if you ever got audited. Has anyone actually had to provide that level of documentation to state tax authorities, or is a simple calendar usually sufficient?

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