MYNORTHWEST NEWS

Changing the tax status and moving to another property

Apr 15, 2016, 9:35 AM | Updated: Oct 10, 2024, 1:51 pm

As the April 18 deadline to file federal income taxes approaches, it’s a good idea to make a list of big-picture possibilities.

(Yes, the regular tax return filing deadline is usually April 15. However, due to the Washington D.C. Emancipation Day holiday being observed on April 15 instead of April 16, tax day is on the following Monday.)

For example, if you are considering making your vacation home your permanent residence, or vice versa, you should begin planning for a change in primary residence status.

If you have been using your vacation home as a rental, consider converting it to a primary residence for a period of at least two years. That way, if you have to sell unexpectedly, you can keep up to $500,000 in gains tax free. However, use caution and keep a paper trail.

Some people who retain homes and remain active in business or community affairs in their original states are finding that state tax officials are challenging their change of personal residence. Officials contend that these folks are still residents for income or estate tax purposes because they have not abandoned their original personal residences.

When intent conflicts with facts and circumstances, determining which residence is actually an individual’s primary residence can be confusing. The determination is usually based on the individual’s objective and facts such as:

•     Registering to vote
•     Having bank accounts and securities accounts
•     Payment of local taxes
•     Time spent in state of residency
•     Continuous car registration and driver’s license
•     Furnishing a primary residence more extensively
•     Using state of residence address in registrations and application

If you do move to a different state, know that some states impose a tax on the fair market value sale of intangible personal property owned or controlled by their residents. The intangible personal property that is subject to tax generally includes:

•     Stock options
•     Commodity futures and contracts
•     Notes, bonds, and other obligations for payment of money
•     Stocks and shares of incorporated or unincorporated companies, business trusts, and mutual funds.

States have numerous statutory exemptions from the intangible tax for particular assets such as money and cash equivalents, securities issued by the U.S. government, and interests in partnerships that are not publicly traded.
Persons who relocate to states that have enacted sales and use tax laws might be liable for use tax on their purchases. For example, if you purchase goods from an out-of-state vendor that are shipped into your new home state, you might be responsible for paying use tax on those goods.

Some states have become more aggressive in enforcing their sales and use tax laws. They have gone to great lengths––examining U.S. Customs reports, personal checkbooks, and credit card statements and sharing that information with other states. Some states have enacted strict filing responsibilities and record retention statutes with respect to individuals who are subject to sales and use tax laws.

According to Rob Keasal, residential tax specialist in the accounting firm of Peterson Sullivan, P.C., taxpayers often already own the property and would not have to pay a use tax for changing residency and bringing personal property to another state.

“In some states, when a rental is sold with tangible personal property, like a stove and refrigerator, it is considered incidental to the real property and no sales or use tax is paid when the property changes hands,’’ Keasal said. “However, many states are getting tougher. I’ve seen at least one state that even has a use-tax reminder on its income tax return.’’

Tax planners say you can eliminate your intangible tax liability if you structure your planning strategies correctly and implement them on a timely basis. Consider timing your move to avoid the initial year’s tax or by restructuring the ownership of tangible assets.

You will also want to consider the state income tax consequences of a change of residence. If you have bonuses coming, stocks options, or other deferred compensation (as is the case for example, with many professional athletes), carefully plan how you receive these funds relative to your move to avoid excessive state income taxes.

If you plan to move, especially to another state, take time to do the research on the tax ramifications before you get there.

Follow real estate agent and basketball coach Ernie Creekmore as he attempts to solve another murder – this time a “helicopter” parent constantly prodding his star athlete son. Tom Kelly’s “Hovering Above a Homicide” is now in print and Ebook form. Get a signed copy at TomKelly.com or purchase at bookstores everywhere and online.

Currency traders pass by a screen showing the Korea Composite Stock Price Index (KOSPI) at the fore...

Associated Press

Asian stocks are mixed after Wall Street slips following Fed’s rate hike decision

HONG KONG (AP) — Asian shares were mixed on Thursday after Wall Street closed lower following the Federal Reserve’s interest rate hike decision for the first time in three years. U.S. futures were higher. The quarter of a percentage point increase brings the Fed’s key rate to a target range of 3.75%-4.00%, as it attempts […]

1 hour ago

FILE - This undated photo provided by the Alabama Department of Corrections on June 11, 2026, shows...

Associated Press

Alabama set to execute man for pawn shop killings months after his nitrogen gas execution blocked

MONTGOMERY, Ala. (AP) — Alabama is set to execute a man Thursday night via lethal injection, three months after a judge’s ruling blocked the state from putting him to death with nitrogen gas. Jeffery Lee, 49, is scheduled to receive an injection beginning at 6 p.m. at south Alabama’s William C. Holman Correctional Facility for […]

2 hours ago

The exterior of the federal courthouse is seen March 27, 2024, in Los Angeles. (AP Photo/Eric Thaye...

Associated Press

Former Syrian official convicted of torture under Assad faces sentencing in the US

A former Syrian military official convicted of torturing prisoners during President Bashar Assad’s regime is facing a possible decades-long prison sentence in the U.S. A federal judge in Los Angeles is scheduled to sentence Samir Ousman Alsheikh on Thursday. A jury found him guilty in March of one count of conspiracy to commit torture and […]

2 hours ago

A visitor stands near a display about AI during the World AI Conference in Shanghai, China on July ...

Associated Press

A global AI safety strategy depends on US-China cooperation. They each see the other as the problem

HONG KONG (AP) — As concern rises over the risks of artificial intelligence, hopes for any kind of global approach depend on cooperation between the U.S. and China — superpowers that seem only to be more skeptical of each other’s AI strategy. AI governance is expected to be on the agenda in a meeting planned […]

2 hours ago

An aerial view of the aftermath of a news helicopter that crashed in Chatsworth, a neighborhood in ...

Associated Press

LA news helicopter crashed in birthplace (and, arguably, epicenter) of ‘eye-in-the-sky’ reporting

Los Angeles has been viewed from above by news helicopters for nearly seven decades. When there was a wildfire, a mudslide or O.J. Simpson fleeing the police across its ribbons of highway, an “eye in the sky” tracked it and advised millions how to keep out of harm’s way. On Tuesday, one of those flying […]

2 hours ago

FILE - The OpenAI logo is displayed on a cell phone in front of an image generated by ChatGPT's Dal...

Associated Press

OpenAI flags new concerning AI behavior, to track model misalignment regularly

OpenAI has disclosed six reports of “unexpected or concerning” behavior in artificial-intelligence models as the debate on AI safety becomes increasingly heated. The AI company also said Wednesday it was introducing a new framework for tracking, probing and disclosing AI model misalignment instances, such as new ways for the models to act without authorization, coordinate […]

2 hours ago

Changing the tax status and moving to another property