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  1. #1
    Join Date
    Jul 2007
    Posts
    9

    Question Pennsylvania Residency, Domicile, Retirement, and Taxes

    Trying to confirm if I would have to file and/or pay state income tax in Pennsylvania. Called PA Tax Office and there seems to be a permanent 1.5 hour hold time. Read and re-read PA Brochure 'Determining Residency for PA Personal Income Tax Purposes (REV-611)' and thoroughly confused over domicile, resident, statutory resident, part-year resident, and 181 days, 184 days, 31 day requirements. I don't want to owe/pay PA State Income Tax.

    Long-time resident of Texas, own Condo in full, vote, pay property taxes, have TX driver's license, file IRS Federal taxes. Intend to lease an apartment in PA for extended visits to family and grand-kids every year for at least the next 5 years. This apartment would be kept and maintained all-year round and I would pay rent each month regardless if I am there or not. My only income is Social Security and quarterly stock dividends.

    So when it comes to PA state taxes and residency: 1) At what point am I required to file PA State Income Tax each year? If I visited only 45 days that year? What about a 7 month visit? 2) Am I limited to the number of days I can remain in PA? If so, how many before I'm reclassified as a PA resident (statutory, part-year etc)? 3) Is PA residency classification irrelevant, regardless if full-time, statutory, or part-year, because my income sources are not taxed so while I must file I won't owe/pay any PA State Taxes?

    Also, while I don't intend to ever sell my home (Condo) in TX my situation and/or health may change in 2-3-5 years. So at that time I would most likely lease it out if my health changes or I find I'm 9 months in PA and 3 months in TX. Does that affect my residency status in PA or the number of days I can stay in PA?

    Appreciate any clarification! Thanks!

  2. #2
    Join Date
    Oct 2006
    Posts
    15,435

    Default Re: Pennsylvania Residency, Domicile, Retirement, and Taxes

    Quote Quoting olucy
    View Post
    Trying to confirm if I would have to file and/or pay state income tax in Pennsylvania. Called PA Tax Office and there seems to be a permanent 1.5 hour hold time. Read and re-read PA Brochure 'Determining Residency for PA Personal Income Tax Purposes (REV-611)' and thoroughly confused over domicile, resident, statutory resident, part-year resident, and 181 days, 184 days, 31 day requirements. I don't want to owe/pay PA State Income Tax.

    Long-time resident of Texas, own Condo in full, vote, pay property taxes, have TX driver's license, file IRS Federal taxes. Intend to lease an apartment in PA for extended visits to family and grand-kids every year for at least the next 5 years. This apartment would be kept and maintained all-year round and I would pay rent each month regardless if I am there or not. My only income is Social Security and quarterly stock dividends.

    So when it comes to PA state taxes and residency: 1) At what point am I required to file PA State Income Tax each year? If I visited only 45 days that year? What about a 7 month visit? 2) Am I limited to the number of days I can remain in PA? If so, how many before I'm reclassified as a PA resident (statutory, part-year etc)? 3) Is PA residency classification irrelevant, regardless if full-time, statutory, or part-year, because my income sources are not taxed so while I must file I won't owe/pay any PA State Taxes?

    Also, while I don't intend to ever sell my home (Condo) in TX my situation and/or health may change in 2-3-5 years. So at that time I would most likely lease it out if my health changes or I find I'm 9 months in PA and 3 months in TX. Does that affect my residency status in PA or the number of days I can stay in PA?

    Appreciate any clarification! Thanks!
    There are many factors involved. Most states would say that you were a resident of the state if you were registered to vote there, had your driver's license or auto registration there, had a homestead credit on your property taxes, or had other things that tied you to that state. Renting an apartment that you only use part time, would be unlikely to make PA claim you as a resident.

    However, if you ever get to the point where you are living in PA more than you are living in TX, then you will need to get a PA driver's license and registration and that will make PA claim you as a resident. You must get a PA driver's license within 60 days of moving to PA. Therefore, you probably should not stay in PA for more than 60 days at a time if you do not want to run the risk of being claimed as a PA resident.

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