Maine Residency Question

[TimMcG74]

On Friday I am closing on a seasonal property in York, Maine. It's officially classified as a seasonal property and only has utilities from May 1st until October 15th. It's in a condo association but I own the lot and pay property taxes. My primary home is in Massachusetts, but I want to declare residency in Maine. I'm not sure if this is possible. At the very least, I'd like to get a Maine license and register my truck in Maine. Wondering if anyone has any experience or informed advice on this topic. Thanks.

 

[Racenet]

Then MOVE to Maine.

 

[TimMcG74]

Then MOVE to Maine.

Thanks for the sage advice. Anyone else?

 

[Asaltweapon]

You got a lot more to do than that.

Taxes, LOTS of taxes that can be more expensive than MA. LTC non res in MA. addressing a Maine registered auto in MA, ect.

I wanted to do it and my accountant told me not to bother.

 

[NHAtHeart]

For firearm reasons if you have your MA LTC you're better off staying a MA resident. ME will have constitutional carry in a couple months, at that point if you get your NH non-res which is easy you can carry in all 3 states. You'll still be limited on what firearms you can buy but you can get 30rders and stuff and keep them at your ME residence.

 

[Len-2A Training]

If you spend >30 days (aggregate) in MA, MA expects you to have MA reg/DL/insurance. It's probably in MGL C. 90. Haven't looked it up in a very long time, so check to see what it says.

As for a ME Resident LTC, that is possible for someone who owns property in ME and spends time there. There are a few people on NES (and some former NES'rs) who have dual residences in ME and MA.

Fed Law is on your side wrt dual residency. Can't speak for ME law. And NO you don't have to give up your MA LTC.

 

[bostonasphalt2]

You guys know that, per the ATF, you can have dual residency, right? It is allowed at a federal level which is where the true benefit comes in.

- - - Updated - - -

If you spend >30 days (aggregate) in MA, MA expects you to have MA reg/DL/insurance. It's probably in MGL C. 90. Haven't looked it up in a very long time, so check to see what it says.

As for a ME Resident LTC, that is possible for someone who owns property in ME and spends time there. There are a few people on NES (and some former NES'rs) who have dual residences in ME and MA.

Fed Law is on your side wrt dual residency. Can't speak for ME law. And NO you don't have to give up your MA LTC.

30 days in MA? thats absurdly low and I would love to see enforcement of it.

 

[TimMcG74]

Ideally, I'd like to retain my Mass residency (and Mass LTC), but also declare Maine residency, even though I am only a seasonal resident. Not sure if this is possible, and I can't find a statute on it.

 

[NHAtHeart]

Ideally, I'd like to retain my Mass residency (and Mass LTC), but also declare Maine residency, even though I am only a seasonal resident. Not sure if this is possible, and I can't find a statute on it.

Not possible once you are a Maine res I believe you have 30 days to notify ma and forfeit your res ltc.

Also, you give up your Ma license when you get a Maine one, thus creating issues if you get stopped with a ME lic and MA res LTC.

 

[Asaltweapon]

The duel residency has issues of its own; No?
Sure the firearm issue is covered but at some point the tax situations are going to begin. I pay enough in both states to avoid having to pay them any more just to play games with firearms laws.

I think he's right with the 30 days rule and the neighbors just love to turn you in thinking you are avoiding excise taxes. I'll gladly pay the MA rate over the ME rate any day if you own newer cars and trucks.

I pay a professional for good advise and would consider myself a fool for not following it. I even asked him about my wife being in one state and myself remaining here. Answer was the same.

 

[Len-2A Training]

Not possible once you are a Maine res I believe you have 30 days to notify ma and forfeit your res ltc.

Also, you give up your Ma license when you get a Maine one, thus creating issues if you get stopped with a ME lic and MA res LTC.

Again. NOT true. LTC and where you vote/file taxes are NOT related. Chiefs in MA can do as they please but one can be a multiple state resident. Laws allow it.

 

[Agincourt]

You Should Consult an Attorney about Which State is Your "Domicile"

You should consult an attorney about these questions. There are issues here beyond just getting a DL and registering a vehicle. The major question you have to answer is where is your 'domicile' in the legal sense of the term. You can have homes in multiple states but you can only have one domicile. There are multiple tests of 'domicilation' that are evaluated. The most common ones are: where you vote, where you pay federal taxes, where your DL and car registration are, what address you financial affairs are handled through and how long you spend in a state ("183 day rule"). There are a host of ancillary or minor tests that they also look at, such as where you have a Post Office box, a Safety Deposit box, where you have your doctors, etc. It is a complicated question and that is why you need a lawyer.

One of the core issues why this is important is taxes - if you own property in two states both states may say you are a resident and try to tax you at resident tax rates. So, hypothetically, Maine could decide that because you have a house (even if it is 'seasonal'), a Maine DL and a vehicle registered there you should pay Maine taxes while Massachusetts could say that you also have to pay Massachusetts taxes since you have a house there, are registered to vote there and pay federal taxes from your Massachusetts address. This is where the "183 day" concept comes into play: if you own homes in two states and declare one as your domicile then, generally speaking, in order to legitimately not have to pay taxes in your non-domicile state you can't be in that state more than 183 days a year. Do a search for terms such as "Domicile and Taxes", "NY State Tax Audit Guide" (which covers domiciles in detail), "Massachusetts Domicile Tax Purposes" and the like. N.B. for the "183 day rule" it counts if you are in the state in question for any purpose, even if you are not in your own house.

I am not a lawyer and this is not legal advice. That is why I started out by saying you should consult an attorney.

 

[Asaltweapon]

Again. NOT true. LTC and where you vote/file taxes are NOT related. Chiefs in MA can do as they please but one can be a multiple state resident. Laws allow it.

How much $$$ do you have to waste fighting it? You can't be on the same page fighting a local issue LTC yet in the same argument fight for a non MA DL maintaining a local LTC. Sorry but it doesn't pass the stink test.

Sure we can look at:
State issued DL.
State Issued LTC
State tax filings
State income records reported.
State bills (utilities) mailed to a state residence AND paid from a state bank. I'll give you the student and military break.

That's the short list.

Now move into the Federal list.

God effin help you if you have a CDL.

I have a truck, boat, and boat trailer all registered in Maine 100% legal. MA can KMA on getting any money from them as they never leave the State of Maine for longer than 14 days a year. However clearly listed is my MA address.
I get so screwed on hunting, fishing licenses then nonres snowmobile registrations.
Am I happy? Hell no!! Show me a clear and legal way to avoid it.

Better yet... Show me a way to avoid taxation without representation owning property and not being able to vote in LOCAL not state or federal issues.

 

[NHAtHeart]

Again. NOT true. LTC and where you vote/file taxes are NOT related. Chiefs in MA can do as they please but one can be a multiple state resident. Laws allow it.

Source? I'd like to read it for myself as what your saying goes against everything I have understood to be true for state residency. From what you are saying you could be a resident of any state you own property in, if that is the case you could have 50 state residents correct?

 

[Len-2A Training]

Source? I'd like to read it for myself as what your saying goes against everything I have understood to be true for state residency. From what you are saying you could be a resident of any state you own property in, if that is the case you could have 50 state residents correct?

Please look thru C. 140 S. 121 (definitions for MA gun laws) and tell me where you see any definition of "resident"! There is none. Every seminar given by Glidden (to chiefs/licensing officers) that I attended (from 1998 onward), I recall him saying that he recommends that chiefs issue RESIDENT LTCs to part-time residents. Since S. 129C (p) allows non-residents to bring in "conventional" long guns with no MA LTC/FID required and leave them in their part-time residence, his comment was "wouldn't you rather know that they have guns in the house?" by having them licensed in MA. So it is up to each chief to determine yes or no.

Your LTC info is not tied to your tax records or even your DL. Yes, some chiefs make you show your DL to get your LTC (I guess if you don't drive you can't own guns) but it is not in the law anywhere.

See the Federal law on residency. It's not just owning property but it is staying there for any amount of time and owning/leasing said location. So yes, if you had 2 or 3 homes in different states (think Hollywood types) you can be considered a resident of any of them when present there. BATFE lays it out neatly in their book of Regs/laws. MA is lacking in this area like in most things.

Lots of people own places in FL for the Winter and spend the rest of the year up here in MA. They are legally dual residents. Where they vote/pay income taxes/etc. is up to them and not directly tied to whether they are entitled to a MA Resident LTC.

 

[soloman02]

Please look thru C. 140 S. 121 (definitions for MA gun laws) and tell me where you see any definition of "resident"! There is none. Every seminar given by Glidden (to chiefs/licensing officers) that I attended (from 1998 onward), I recall him saying that he recommends that chiefs issue RESIDENT LTCs to part-time residents. Since S. 129C (p) allows non-residents to bring in "conventional" long guns with no MA LTC/FID required and leave them in their part-time residence, his comment was "wouldn't you rather know that they have guns in the house?" by having them licensed in MA. So it is up to each chief to determine yes or no.

Your LTC info is not tied to your tax records or even your DL. Yes, some chiefs make you show your DL to get your LTC (I guess if you don't drive you can't own guns) but it is not in the law anywhere.

See the Federal law on residency. It's not just owning property but it is staying there for any amount of time and owning/leasing said location. So yes, if you had 2 or 3 homes in different states (think Hollywood types) you can be considered a resident of any of them when present there. BATFE lays it out neatly in their book of Regs/laws. MA is lacking in this area like in most things.

Lots of people own places in FL for the Winter and spend the rest of the year up here in MA. They are legally dual residents. Where they vote/pay income taxes/etc. is up to them and not directly tied to whether they are entitled to a MA Resident LTC.

Also DMCDON (I think i spelled his name wrong) is a resident of BOTH Mass and CT and make out just fine. I also seem to recall him stating that he has a DL for both states. He is the resident "expert" on this as he has done it. Hopefully he will chime in.

 

[NHAtHeart]

@Len, cool thank you it seems like more people could take advantage of that...

 

[bostonasphalt2]

Please look thru C. 140 S. 121 (definitions for MA gun laws) and tell me where you see any definition of "resident"! There is none. Every seminar given by Glidden (to chiefs/licensing officers) that I attended (from 1998 onward), I recall him saying that he recommends that chiefs issue RESIDENT LTCs to part-time residents. Since S. 129C (p) allows non-residents to bring in "conventional" long guns with no MA LTC/FID required and leave them in their part-time residence, his comment was "wouldn't you rather know that they have guns in the house?" by having them licensed in MA. So it is up to each chief to determine yes or no.

Your LTC info is not tied to your tax records or even your DL. Yes, some chiefs make you show your DL to get your LTC (I guess if you don't drive you can't own guns) but it is not in the law anywhere.

See the Federal law on residency. It's not just owning property but it is staying there for any amount of time and owning/leasing said location. So yes, if you had 2 or 3 homes in different states (think Hollywood types) you can be considered a resident of any of them when present there. BATFE lays it out neatly in their book of Regs/laws. MA is lacking in this area like in most things.

Lots of people own places in FL for the Winter and spend the rest of the year up here in MA. They are legally dual residents. Where they vote/pay income taxes/etc. is up to them and not directly tied to whether they are entitled to a MA Resident LTC.

I believe there are specific guidelines in regards to paying taxes as my FIL just dealt with shifting his residency to Florida. I'm going to ask him.

 

[HuntMaine]

You guys know that, per the ATF, you can have dual residency, right? It is allowed at a federal level which is where the true benefit comes in. - - - Updated - - - 30 days in MA? thats absurdly low and I would love to see enforcement of it.

Dual residency can bring with it Dual Taxes. The taxes are only slightly higher in Maine in terms of income taxes. If you set tour residency in Maine you then need to watch for your employer
because now you are an official residence of Maine and their taxes/fees for you change. If you ever go on unemployment it's different in Maine then in Mass. Car insurance is different rates and if you have kids well that brings up your public school location for them. Not sure what your situation is but these are some that I ran into.

 

[Len-2A Training]

Also DMCDON (I think i spelled his name wrong) is a resident of BOTH Mass and CT and make out just fine. I also seem to recall him stating that he has a DL for both states. He is the resident "expert" on this as he has done it. Hopefully he will chime in.

No Fed Law says you can't have 2 DLs, period.

Yes, Don has 2 resident LTCs and it is all legal.

I have a friend who is a SC and MA resident and holds 2 resident LTCs. There are lots of people who are dual residents of FL and MA (snowbirds), but FL does NOT make any distinction between resident CCW and NR CCW (no address on license) other than resident fingerprints are kept in the system and NRs have to submit for each renewal.

 

[NHAtHeart]

No Fed Law says you can't have 2 DLs, period.

Yes, Don has 2 resident LTCs and it is all legal.

I have a friend who is a SC and MA resident and holds 2 resident LTCs. There are lots of people who are dual residents of FL and MA (snowbirds), but FL does NOT make any distinction between resident CCW and NR CCW (no address on license) other than resident fingerprints are kept in the system and NRs have to submit for each renewal.

Can you only buy a pistol in the state which you hold your DL?

 

[Len-2A Training]

Can you only buy a pistol in the state which you hold your DL?

Not according to Fed Law.

18 USC 921(b), 922(a)(3), 922(b)(3)

27 CFR 478.11 State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located. An alien who is legally in the United States shall be considered to be a resident of a State only if the alien is residing in the State and has resided in the State for a period of at least 90 days prior to the date of sale or delivery of a firearm. The following are examples that illustrate this definition:

Example 1. A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.

Example 2. A is a U.S. citizen and maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.

 

[JRT]

Again. NOT true. LTC and where you vote/file taxes are NOT related. Chiefs in MA can do as they please but one can be a multiple state resident. Laws allow it.

Len is absolutely correct. I still own a home in Mass and have spent zero time there in the last two years. My chief knows this and had no issue with renewing my MA LTC.

 

[NHAtHeart]

Not according to Fed Law.

Huh, curious, so, in theory any MA resident with a vacation home in NH/ME could buy any off-list pistols while staying at their vacation property. You'd have to print a copy of the damn law and show it to the FFL though. I'm thinking if you show up to buy a glock at Riley's with a MA license things might go sideways.

 

[JRT]

Source? I'd like to read it for myself as what your saying goes against everything I have understood to be true for state residency. From what you are saying you could be a resident of any state you own property in, if that is the case you could have 50 state residents correct?

I can only speak for Vermont on land ownership. Land ownership does not let you claim residence in VT. You must have some sort of a domicile on the property to claim residence.

 

[JRT]

Huh, curious, so, in theory any MA resident with a vacation home in NH/ME could buy any off-list pistols while staying at their vacation property. You'd have to print a copy of the damn law and show it to the FFL though. I'm thinking if you show up to buy a glock at Riley's with a MA license things might go sideways.

Yes, if you were to retain your MA license all you have to do is show three months of any utility bill in Vermont with your name and address. Buy your gun and go home.

 

[NHAtHeart]

In theory, if you owned a 3 unit multi-family in NH you could sell a share in it like a time share for like $500/2 weeks. If you did that with 78 people you could bring in about $39k revenue and the MA resident would own a residence in NH and be able to buy whatever they wanted. The unit could include secured storage for anything that wasn't allowed back over the border.

 

[joemoia]

No Fed Law says you can't have 2 DLs, period.

Len, I believe the Real ID Act of 2005, in effect, prohibits someone from having multiple DLs/IDs from different states

 

[Len-2A Training]

Len, I believe the Real ID Act of 2005, in effect, prohibits someone from having multiple DLs/IDs from different states

I believe that you are correct. Since FL previously issued FL-Only DLs to snowbirds, they have an explanation of why that is no longer done on their DMV website. Google can easily find that.

 

[Asaltweapon]

Len, I believe the Real ID Act of 2005, in effect, prohibits someone from having multiple DLs/IDs from different states

Federal law prohibits it. I recall it changed right around the same time the CDL was implemented. Been out of trucking long enough to not care much but kept my CDL that is becoming more of a PITA to keep.