Residancy Laws??

Discussion in 'Full Timing' started by JBTcajun, Jan 31, 2008.

  1. JBTcajun

    JBTcajun New Member

    The wife and I are currently residents of Louisiana, and Mississippi.
    My primary resident is in Kenner La., I vote, have health insurance here and we stay as often as possible.
    The wife's primary residence is in Mississippi, her business is located here. She votes and pays Ms St taxes here.
    We are planning on buying a MH around Nov., selling the house in Kenner yet registering it in Louisiana. I need a residence in certain zip code to maintain my health insurance, and the license, taxes, will be much cheaper then the nominal increase in the insurance.
    We already have a PO box in Kenner can I still use this address for my primary residence.
    I have a Louisiana id to this street address, should I switch it to my PO box before we sell?
    Is this how a residency is established?
     
  2. DL Rupper

    DL Rupper Senior Member

    Re: Residancy Laws??

    JBTcajun, if possible try to get a street address at your mail forwarding address. There is a move afoot to make everyone have a street address on a National Id or Drivers license. :(
     
  3. utmtman

    utmtman Senior Member

    Re: Residancy Laws??

    DL, back in the home town I am from no one has a street address for mail. We all have free mail boxes and according to the state, county, and city that is fine for addressing. Yes we had street addresses for UPS purposes but as teh phone company once told me its hard on them because our street address did not jive with mapping for emergency vehicles. Go figure. We sold out and now use strickly the po box addy from back home. If it comes down to needing a street addy we are shot in the butt and may have to use our childrens addys.
     
  4. tallyo

    tallyo New Member

    Re: Residancy Laws??

    There is an article in a current FMCA magazine pg 103, referencing a New Hampshire House Bill 45 allowing folks to register without having property in their state. Only requirement was they arrange to have 2 attestations from 2 adult citizens of the municipality.One of those citizens be willing to accept the mail from Motor vehicle Dept..
     
  5. Kirk

    Kirk Senior Member

    Re: Residancy Laws??

    JBTcajun

    You need to get the answer to that from the officials of your home state. Each state has it's own laws about residency. Most of them require some kind of physical address. Since you would loose you health insurance if you do not meet legal requirements, I strongly suggest that you talk with the insurance and perhaps a lawyer to be sure. This is much to great a risk to take advice from people like us.
     
  6. JBTcajun

    JBTcajun New Member

    RE: Residancy Laws??

    The last thing I want to do is talk to my insurance.
    They tried to drop me after Katrina.
    Unfortunately I am sickly and they would love to find a reason.
    I will do what the state requires for me to keep an Id and vote.
    Ran across that thing about registering in another state saving taxes and was wondering if it were legal.
    It would take a lot of savings to make it worth while to loose this HMO supplement to Medicare.
    I know the number to replace current insurance medigap plan f $286.00 /month, part D coverage 48.00/month co pays would be the same.
    Though I would have more say in my health treatment plans.
     
  7. onthecoach

    onthecoach Senior Member

    Re: Residancy Laws??

    South Dakota will allow you to 'establish' a residence with: mail forwarding, car and MH registration, voting rights, driver's license, etc and you DO NOT HAVE TO EVER LIVE THERE!!! Not only that, there is NO STATE INCOME TAX!!
    We have changed all of our addresses (bills, banks, magazines, cars, rv, etc) to South Dakota! We will file 2007 Income tax from SD!! All perfectly legal!!! :laugh:
     
  8. JBTcajun

    JBTcajun New Member

    RE: Residancy Laws??

    I was talking with my CPA.
    My income is generated in Louisiana and they will get their state taxes.
    There is no benefit for me to become a resident of another state.
    I am still considering the Montana LLC.
    Called a county office and they said it would be no problem.
    The only problem my CPA saw was with the Disregarded Entity may cause my home state to pick up the LLC and charge the sales tax.
    Then there is the Inactive Corporation route that may work but is chancing it.
     
  9. Kirk

    Kirk Senior Member

    Re: Residancy Laws??

    Where the problem could arise with use of a Montana LLC is that since the laws of Louisiana require that vehicles kept in the state must be registered there, if some official should notice that you have an RV with Montana plates sitting at your home all of the time, they might come after you. Some areas are very aggressive about that kind of thing, while others seem to never pay much attention. It will all depend upon the local officials. You may want to talk to a local attorney about what you are considering. The penalty if you get caught might be a large one?
     
  10. JBTcajun

    JBTcajun New Member

    RE: Residancy Laws??

    I am not one to get caught doing something like this.
    The CPA as already advised me to talk with my attorney.
    I will be seeing him on another matter soon and will ask then.
    If he finds something for me to get caught on I won't do it.
    As far as officials noticing we plan on staying on the road and only passing through in spring and fall when the weather is nice.
     
  11. RCOOK

    RCOOK New Member

    Re: Residancy Laws??

    My son is a full timer and we live in ky. His job has him on the road quite often, but as I speak he is back in Ky with his
    5th wheel working here a while. He is seriously condidering a Montana LLC. In your opinion, is this a reasonable thing to do
    as he really doesn't stay put here very long. I ask, because it sure is inviting and I am concerned because I don't know anyone personally who has done this. We have contacted a Lawyer that does this in Montana, and it all sounds good ,but,,,,,,,Please give your opinion,,I'm kinda stuck. VCOOK
     
  12. TexasClodhopper

    TexasClodhopper Senior Member

    Re: Residancy Laws??

    Well, my opinion is that an LLC is for a business. If you don't have a business, then you might be running afoul of the rules. You might be in a regretful situation some years down the road, when local authorities start catching up.

    On the other side of that, it isn't very hard to be a business. If you are a contractor or something of that nature, then it would not be difficult to be a REAL business.
     
  13. DARLING

    DARLING New Member

    Re: Residancy Laws??

    You really need to talk to a MONTANA lawyer as well as your LA lawyer for your situation.

    WE checked into a Montana LLC before we bought this unit.

    A Montana LLC is basically for the RV(coach or 5er). When it comes to your toad or power unit , they are ike VA with a .. what is it called.. a VAT tax. Just a monent there

    The other thing was that you have to keep it out of your HOME state for 6 months. No tickets. No repairs. No paper trail. Nothing.

    You have to weigh the cost of the Montana lawyer, LLC & annual renewals vs what ever you are trying to do(save sales tax/hide asset/ whatever.

    As for having to be a business, the Montana lawyer takes care of all that paperwork. too.

    AS for your health insurance, if they are really tying to dump you, you really have to cover your ...asset... on this one :laugh:

    Darlin :cool:
     
  14. DARLING

    DARLING New Member

    Re: Residancy Laws??

    If you plan on going that way... Shop around. Be careful. As you know all lawyers are not the same.

    Darlin :cool:
     
  15. Kirk

    Kirk Senior Member

    Re: Residancy Laws??

    VCOOK

    How would the Montana LLC help significantly now, since he has already paid the KY sales tax on it? True, Montana is pretty cheap for a license plate, but you still have to pay the annual fees to set up the LLC (usually around $150/year) and the initial cost is probably going to run to $800-$900. It is going to be tough to save any money by doing that.
     
  16. DARLING

    DARLING New Member

    Re: Residancy Laws??

    Kirk

    Iwas just explaining how the Montana LLC works
    Some states have sales tax from 5% to 9%. That can add up to big bucks real quick.
    But again you have to do your homework B-4 you commit to buy any RV.

    Darlin :cool:
     

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