Is there a way to establish residency inone state while maintaining domiciliary status in another?

UPDATED: Aug 3, 2011

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Is there a way to establish residency inone state while maintaining domiciliary status in another?

I have lived the majority of the year in CA but most of my employment earnings were earned in LA. I have had an apartment rental lease in Baton Rouge for the last 9 months and a bill under my name, however I have not transferred my state driver’s license. This question is mainly for tax purposes, but I may have to change domiciliary status due to how much more I am earning in LA. I am also supporting a financial dependent currently in CA and maintaining domicile there.

Asked on August 3, 2011 Louisiana


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, you can only establish residency in one state (same as domiciliary) but you should consider the tax implications of working in one location and living in another. You would normally be taxed twice so consider discussing this matter with a tax attorney who can counsel you on the less expensive alternatives. If you work in a location wherein you residefor 9 months consistently every year, that would most likely and should most likely be your residence but consider the expenses in California and whether the LA position is permanent.

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 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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