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csp0330 · Oct 27, 2011, 02:05 PM

We maintain residences in both FL and GA. We both have voter registration, driver's licenses and cars registered in FL. Gave up homestead exemption in GA. We physically spent slightly more than 50% of our time in FL this year. All of our income is from investments or from a pass-through FL LLC. All transactions through that entity occur in FL. Would we be considered FL residents for tax purposes?

ebaines · Oct 27, 2011, 02:21 PM

Yes, you are considered FL residents for tax purposes - not because of where your cars are registered and where you vote (though these things do help make the case), but really because you spent more than 50% of your nights in FL. It helps also if the mailing address you use for all your investment and tax correspondence is FL, not GA.

csp0330 · Oct 27, 2011, 02:27 PM

Thanks very much. Everything is addressed or domiciled in FL.

AtlantaTaxExpert · Nov 1, 2011, 08:30 AM

The bottom line is that if NONE of your income is Georgia-sourced (and that seems to be the case based on your posting), the Georgia really has no legal standing to tax your income, given that you spent the majority of your time In Florida.