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PattyM400 · Nov 27, 2012, 10:11 AM

I live in Florida for 6 months and in Ohio for 6 months. Rght now my residence is in Ohio, but we want to become full time Florida residents. How do I go about this with the State of Ohio?

ebaines · Nov 27, 2012, 02:11 PM

There reaslly is nothing formal to file with OH. But I would suggest that you do everything possible to make it clear that you consider yourself a FL resident. For example: turn in your OH drivers license for a FL license, register your cars in FL, register to vote in FL, use the FL mailing address for all financial and tax correspondence, if you're a church-goer transfer to a FL congregation. Also be sure that you actually spend more time in FL than OH - generally speaking if you can document that you spend at least 6 months + 1 day in FL during the calendar year then OH can't claim that you are a OH resident, so keep records of your tavels back and forth. For the first year file a part-year resident tax return with OH that clearly defines your move date to FL in mid-year. All this assumes that you have no OH sources of income - no job or business interests remaining in OH.

PattyM400 · Nov 28, 2012, 05:55 AM

Thank you for your quick answer. I work part time when I'm in Ohio and also part time n Florida. My husband has his own business in Ohio which is also only part time. What we are understanding is that we would still have to pay Ohio income tax on those earnings. However, we are wondering if we would only pay Ohio tax on the portion of my income earned in Ohio and not in Florida. My husband does not earn anywhewre near what he earns in Ohio while he is in Florida. I do have two people in Ohio that I have asked this same question, and am waiting to hear back from them.

ebaines · Nov 28, 2012, 08:58 AM

In theory yes, you can file a non-resident OH tax return that taxes only your OH income. But to claim that you are FL residents while working in OH I think would require that you commute - I would suggest that for the part of the year that you work in OH you would actually commute from your home in FL each weekend (or at least most weekends). Alternatively you could argue that each year you move from FL to OH and then move back to FL, and instead of filing a non-resident return you would file a part-year resident return. You would end up paying tax to OH on all income earned during the time of the year you reside in OH, so if you have other forms of income (pension, IRAs, nvestment income, etc) OH would be justified in taxing those sources of income for the time of year that you are OH residents.