Monday, March 26, 2007

Maryland Residency

What establishes whether or not you're considered a Maryland resident? The answer seems to depend on what the issue is. The Maryland MVA requires you to obtain a MD drivers license 60 days after you become a resident of the State. So, when are you a resident of the State? COMAR defines a resident as someone who: (1) Owns, leases, or rents a primary place of residence in Maryland for more than 6 months; (2) Has no other residence in any other state or country (see COMAR section for further details). For income tax purposes, the definition is similar. There, a resident is defined as: 1. is domiciled in this State on the last day of the taxable year; or 2. for more than 6 months of the taxable year, maintained a place of abode in this State, whether domiciled in this State or not (Tax General Article of the MD Code 10-101). Finally, as far as voter registration, the Maryland Law Encyclopedia quotes Roberts v. Larkin, 340 MD 147, 1995 as defining residence as "the place of a person's fixed domicile."


Anonymous Anonymous said...

You are incorrect in the claim that the MVA requires a person to obtain a license in 60 days in order to be a resident. In fact, the 60 day limit presumes that you are already a resident! If a resident does not obtain the license within 60 day that person can be cited for driving without a proper license. The citation could not be given were the person not a resident. So, for those who were denied application for residency @ UM simply because you failed to fulfill UM's driver's license condition (1 of 12 conditions) try this:Try to get stopped for a driving infraction. Show the officer your license. Tell him/her your MD address. And then wait to be cited for driving without a valid license for a resident of MD. Then take the citation to UM as proof that you are a resident.

4:02 PM  
Anonymous Anonymous said...

What is the residency requirement in order to purchase a resident fishing or hunting license? I have been searching but have not been able to find that. Thanks.

1:00 PM  
Anonymous Anonymous said...

What is the residency requirement to get a divorce?

3:16 AM  
Anonymous Anonymous said...

What is the requirement of MD residency for medical medicaid?

1:09 PM  
Blogger Ginger said...

If you're a new resident to Maryland, but your child moved-in 6 months after you when are they considered a resident of Maryland?

10:34 AM  
Anonymous price per head said...

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11:21 PM  
Anonymous Anonymous said...

Why would you get in trouble with the law to prove residency?

Are there any other alternatives to your "citation scenario?

9:09 PM  
Anonymous Anonymous said...

What is law in regards to selling real estate if you are a resident of another state? Can you declare residencey 6 months out before you sell the property?

5:22 PM  
Anonymous Anonymous said...

when is a child a legal resident of maryland? if that child has lived in the state of maryland for 7 years how can that child be denied enterence to school? especially since the county has allowed her to attend since second grade? now the school system wants maryland documentation regarding guardianship from another state. it has never been an issue before. now they want to deny her starting school. she has no place to go. i am caught between a rock and a hard place.

11:27 AM  
Anonymous Anonymous said...

I recently went to closing on a home I had lived in for 12 years. I am a new retiree and was planning on relocating to another state. I put my house on the market and accepted a contract in four days. Following the contract acceptance I started the move/relocation process, still staying at my primary home. However, since I was in the other state quite often, I decided to submit a change of address. When I went to settlement, I was told that if this COA had reached the Office of Deeds, I would be considered a nonresident and would have to pay Md Tax on the entire amount I was given at settlement. Several questions this correct - filling out the COA was a huge error? And, how can they tax me on money that was primarily equity in the house and not profit?

9:25 PM  
Anonymous Anonymous said...

Selling and COA. We experienced the same problem. The COA does change your residency status in the state data base from resident to non-resident. To be a resident, you must have lived in the state for at least 2 of the last 5 years; and, the home had to be your primary residence. You can file an exemption form with the MD state comptroller. If approved, you can get some/all of this money back by filing MD state tax form. Your realtor should have been aware of this law and assisted you.

1:17 PM  
Anonymous Anonymous said...

So based on the definition of a resident, does this mean that at the end of 6 months after buying a home here in Maryland, I am officially a resident and then have 60 days to get my MVA items taken care of? Or does the MVA consider the date I signed my home purchase paperwork as my residency date?

10:54 AM  
Blogger Atia Sharmeen Moushumee said...

My husband is an International student, and he pays the taxes regularly. We live in Maryland for 1 and a half years. I want to apply to a university, and I have to answer a question that I don't know. Am I a considered to be a Maryland resident?

1:04 AM  

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