If you own a property and use the address but do not reside there, can you face criminal charges for using the address?

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If you own a property and use the address but do not reside there, can you face criminal charges for using the address?

Asked on October 7, 2011 under Criminal Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

There is no law about where or what you can use as an address, such as a mailing address or business address. The only areas in which there are residency requirements about using an address as yours are:

1) Taxes--you pay state taxes (e.g. income tax) in the place that is your "principal residence"--i.e. the place where you spend most of your time; using an address you do not reside at for tax purposes can be a crime.

2) Voting--where you can vote is again determined by your principal residence.

3) Some jobs (e.g. certain munical or police jobs) require you to reside within the jurisdication; applying for those jobs if you don't live there can be an offense.

4) If you represent in a contract or agreement that you live someplace but don't (e.g. when bidding for work, if someone wantsa local contractor) but don't, that could cause you liability.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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