Establishing state tax-free domicile before moving abroad - timing and requirements
I just moved to a no-income-tax state but might be heading overseas in the future. I'm trying to figure out how long I need to stay here to officially establish domicile for tax purposes. How many months should I live in this zero-income-tax state before I can safely move abroad while maintaining my tax-free status? I'm already taking all the usual steps - opening a local bank account, transferring my driver's license, changing my mailing address, getting a library card, etc. I've already closed my bank account in my previous state and canceled my old car insurance policy there. Just wondering what else I should do and how long I need to physically be here to solidify my domicile status before potentially moving overseas.
20 comments


Anastasia Popov
You're on the right track with all those practical steps to establish domicile! The "how long" question doesn't have a perfect answer since it varies by state, but most tax professionals recommend staying in your new state for at least 183 days (6+ months) to clearly establish it as your tax home. Beyond the time requirement, what really matters is showing intent to make this your permanent home. The steps you mentioned are excellent (driver's license, bank accounts, etc.). I'd also suggest registering to vote, filing any federal tax returns with your new address, and possibly purchasing property if that's feasible. If you have investment accounts or retirement plans, change those addresses too. When you do move overseas, maintain as many connections to your new state as possible - keep your bank accounts, driver's license, vehicle registration, and voting status there. Consider maintaining a physical address (even if it's a relative's home) and return periodically if possible.
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Sean Murphy
•Thanks for the response! Does the 183 day recommendation apply to my specific situation though? Like if I lived in California before and moved to Florida, would CA be more likely to come after me than if I'd moved from a different state? Also wondering about federal taxes when living abroad - would I still file as a Florida resident?
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Anastasia Popov
•The 183-day guideline is a general threshold used by many states, but California is indeed known for being particularly aggressive about maintaining tax claims on former residents. They might look more closely at your situation than other states would. Having a clean break from California (closed accounts, surrendered license, etc.) is especially important. For federal taxes while abroad, you'd still file as a US citizen with your Florida address. You'll likely need to file FBAR forms for foreign accounts and may qualify for the Foreign Earned Income Exclusion depending on your situation. But maintaining Florida as your state domicile means you wouldn't owe state income taxes while abroad, which is a significant advantage.
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Zara Khan
After going through something similar when I moved from NY to Texas before heading to Singapore, I found this awesome tool called taxr.ai (https://taxr.ai) that helped me understand my domicile situation. It analyzed my specific circumstances and gave me personalized guidance about establishing tax residency. The best part was that I could upload my previous state tax docs and it analyzed them to point out potential red flags that might trigger an audit from my former state. It even suggested specific documentation I should maintain while overseas to protect my no-tax state domicile status. Super helpful for expats trying to maintain proper state residency!
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Luca Ferrari
•How does it work with different states though? Like do they have specific rules for each state programmed in? I'm moving from Illinois to Wyoming before likely heading to Germany next year.
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Nia Davis
•I'm kinda suspicious of these tax tools... How does it actually help with the physical presence requirements? Sounds like something that just tells you what you could Google for free.
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Zara Khan
•It actually has specific guidelines for each state's domicile rules and precedents built into its system. For your Illinois to Wyoming situation, it would highlight Illinois' specific residency termination requirements and Wyoming's establishment criteria, then create a customized checklist based on your timeline. The value isn't just about physical presence requirements that you could Google. It analyzes your specific situation including income sources, property ownership, and business ties to determine potential audit triggers. It saved me from making a serious mistake with some NY-based consulting income I was still receiving that would have created a nexus problem, something general Google searches wouldn't have caught for my specific situation.
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Nia Davis
Alright, I gotta admit I tried taxr.ai after being skeptical and it was actually pretty useful! I uploaded my tax docs and it immediately flagged that I still had a rental property in my old state that could trigger nexus issues. It recommended specific strategies for managing that property while establishing domicile in my new state. The coolest part was the timeline tool that showed me exactly when I'd hit different thresholds based on my planned moves. It even created a documentation checklist specific to my former state's aggressive audit practices. Definitely more useful than the generic advice I was finding elsewhere!
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Mateo Martinez
If you're having issues proving your domicile change to your former state's tax authority (like I did with California), try https://claimyr.com to get through to a human at the state tax department. I spent WEEKS trying to reach someone about my residency status dispute, but Claimyr got me through to a CA tax rep in less than 30 minutes! You can see how it works here: https://youtu.be/_kiP6q8DX5c I was stuck in an endless loop of automated systems and "call back later" messages before using it. The rep I finally talked to helped me understand exactly what documentation they needed to recognize my domicile change and stop sending tax notices to my new address. Seriously saved my sanity during a stressful audit situation.
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QuantumQueen
•How does this actually work? Like do they just keep calling for you or something? Seems weird that they could get through when regular people can't.
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Aisha Rahman
•This sounds like BS honestly. If the state tax dept has long wait times, how would some service magically get through? They probably just keep you on hold the same amount of time and charge you for waiting.
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Mateo Martinez
•They use a specialized system that navigates through the phone trees and holds your place in line for you. Instead of you sitting on hold for hours, their system does it and then calls you once they've reached a human representative. So yes, they are "calling for you" in a way, but using technology to make it efficient. It's not magic - it's just automating the painful parts of the process. The IRS and many state tax departments are severely understaffed, so the hold times are legitimately hours long. I didn't believe it would work either until I tried it and got connected to someone who actually helped resolve my case.
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Aisha Rahman
Wow I need to eat my words here. After my skeptical comment I decided to try Claimyr to deal with my New York state tax residency dispute and it actually worked! After trying for TWO MONTHS to reach someone, I got through to a NY tax department representative in about 45 minutes. The person I spoke with reviewed my documentation and confirmed I had properly established my new domicile in Tennessee. They even helped me file the correct non-residency declaration form that I didn't know about. Saved me potentially thousands in wrongfully assessed state income taxes. Sometimes being proven wrong is a good thing!
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Ethan Wilson
One thing nobody's mentioned yet - make sure you keep detailed records of when you physically leave the US! The substantial presence test for federal tax purposes is different from state domicile rules. Even if you establish domicile in a no-tax state, you could still face issues if you're not careful about your physical presence in the US overall. I'd recommend keeping a detailed travel journal with entry/exit dates, boarding passes, and foreign rent/utility bills. The IRS can request proof of your physical location, especially if you're claiming foreign earned income exclusion.
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NeonNinja
•Thanks for bringing this up - I hadn't even thought about the federal substantial presence test! Do you know if days spent in my new no-tax state count toward the substantial presence calculation for the FEIE? Or is it just about being physically outside the US?
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Ethan Wilson
•The substantial presence test and the Foreign Earned Income Exclusion (FEIE) are actually separate concepts. For the substantial presence test, any days physically present anywhere in the US (including your no-tax state) count toward your US presence. For the FEIE, you need to either establish bona fide residence in a foreign country or meet the physical presence test by being physically present in foreign countries for at least 330 days during a 12-month period. Days in your no-tax state or anywhere else in the US do not count toward the 330 days. You need to be physically outside the US for those days to qualify.
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Yuki Sato
Has anyone dealt with digital nomading after establishing domicile? I'm in a similar situation but plan to travel constantly rather than settle in one foreign country. I established Florida domicile last year but now I'm worried about maintaining it while having no fixed address internationally.
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Carmen Flores
•I'm doing exactly this! Established domicile in Texas, then went full nomad. Keys are: 1) keep a physical address in your no-tax state (I use a family member's home), 2) maintain all official docs (DL, voter reg, banking) at that address, 3) return periodically to reinforce your connection, 4) don't establish ties elsewhere that look like permanent residence. Been working for me for 3 years with no issues!
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Connor O'Neill
This is a great question and you're smart to think about this timing! From my experience working with clients in similar situations, the 183-day rule is a good baseline, but I'd actually recommend staying a full calendar year if possible before moving abroad, especially if you're coming from a high-tax state like California or New York. The reason is that aggressive tax states often look at the "totality of circumstances" and a longer physical presence really strengthens your case. Beyond the practical steps you've mentioned (which are excellent), consider also: - Filing your next federal tax return from your new state address - Establishing medical/dental providers in your new state - Joining local professional or social organizations if relevant to your work - If you have kids, enrolling them in local schools Once you're abroad, the key is maintaining those ties to your no-tax state while NOT creating new domicile elsewhere. Keep that driver's license current, maintain your voter registration, and try to return at least once a year if feasible. Document everything - keep records of when you left the US, your foreign addresses, and any steps you take to maintain your state domicile. Also remember that while you're establishing state domicile, you'll still need to comply with federal tax obligations as a US citizen abroad, including FBAR filings and possibly FATCA reporting depending on your foreign account balances.
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Ravi Patel
•This is really comprehensive advice, thanks! I'm curious about the "totality of circumstances" test you mentioned - are there any specific factors that carry more weight than others? For example, would having a job in the new state before moving abroad be significantly more important than just having bank accounts there? Also, when you mention maintaining ties while abroad, what's the minimum level of connection that's generally considered sufficient? I'm worried about the cost of maintaining a driver's license and car registration if I'm not actually driving there for years at a time.
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