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expatsinmexico

Jul 28, 2011, 8:04 AM

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State Residency

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  I have been looking at the laws here in Washington as to maintaining residency. According to Washington law you must maintain some evidence of returning such as a house or apartment that you will be returning to. When expats live overseas for extended periods (years) with occasional trips back to the US (not necessarily to their home state) where is their US residence. Where can you legally maintain a residence for drivers license and voting purposes. Is the licensing of a vehicle in that state or US possession all it takes. State laws that I have checked seem to vary considerably. I know what expats are doing as far as maintaining vehicle plates and drivers licences but what is legal?


(This post was edited by bound4ajijic on Jul 28, 2011, 8:06 AM)



stevebrtx

Jul 28, 2011, 11:43 AM

Post #2 of 5 (1988 views)

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Re: [bound4ajijic] State Residency

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There are different types and levels of "residency". I lived in TX, I have a Laredo mailing address, it's good for IRS, SSI, all my credit cards etc. However I am still registered as a Travis County (Austin) voter as my last residence before leaving the country. Even though I own nothing I get absentee ballots to vote in Federal Elections, I can't vote for much of anything in TX, but Federal I can.

My car is registered to my Laredo mailbox so is "resident" in Webb County where I keep my plates current. I also have a sales tax license resident in TX. So, moving out of country doesn't make you transparent, just translucent to some degree. And with new vehicle guidelines coming down in MX legislation it will be interesting to see how current expats are handled as well as new ones. It is a fact that all cars now getting import stickers are charged a deposit, but will they allow us to keep foreign plates? Only time will tell.

Oh, I should have put in the usual disclaimer: all states are different, so that complicates things. An example was the 2008 elections, I was going to TX so just took the ballot with me an mailed it once over the border. In TX that's legal, but many, even most won't accept an out of country ballot without a consular stamp from the country you're in. I attended a seminar and it was amazing how vastly different each state is in the way they see and process us.
http://www.chapalaweather.net

(This post was edited by stevebrtx on Jul 28, 2011, 11:47 AM)


cookj5

Jul 28, 2011, 12:08 PM

Post #3 of 5 (1975 views)

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Re: [bound4ajijic] State Residency

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If you live permanently in another country and want to maintain your US voting rights, the address you use is the last one you had in the States. For details, check with your Voter Registrar's office, or the State Office of Elections. We moved from Oregon, which has been Vote-by-Mail for years. I seem to recall that Washington State went that way too. Should be no problem.

Last I recall, Washington State has no income tax, so maintaining a driver's license and car registration there, or even bank accounts and such, should not cause a tax liability. In states with an income tax, people need to be very careful that they aren't considered a resident there (with the exception of voting). Individual states vary on what they consider a resident for tax purposes. Many expats here license their cars in South Dakota (check past postings on this). It is perfectly legal, although some still think it is somehow "under the table". You don't do it through the State DMV but through the County Treasurer's Office. In most cases people use Clay County because they are very experienced at dealing with expats in Mexico. It is a relatively easy and inexpensive process. You do not have to have a driver's license there, nor get a smog check, nor show proof of US liability insurance. You can do everything over the phone or by mail. Make sure you have Mexican auto insurance before you even cross the border! We use Lewis and Lewis http://www.mexicanautoinsurance.com/ You can do everything on-line and they have excellent coverage at reasonable rates.

One thing I would strongly suggest is that you maintain a no-fee US bank account, even if it only contains a little money. Due to the Patriot Act/Homeland Security requirements, once you reside outside the US, it can be difficult to impossible to start up a new US account. There are various good reasons to have a US account which I don't need to go into here. We keep all our cash in a US account and just access it by ATM. Others have Mexican bank accounts, but after 4 years here, we still don't see the need for us to do it.

Another good thing to do is set up a box with one of the several mail-forwarding services available. Here in the Lake Chapala area there are three: Mailboxes Etc., Handy Mail, and Sol y Luna. We use Handy Mail, although it doesn't handle packages (we discourage them, have to much "stuff" already). Handy Mail was useful because it is the least expensive and they let us set up a box before we ever got here so that we could start forwarding mail before we ever left. You don't have to pay them anything until you actually get here. Aside from ensuring that you get the mail that is sent to you (Mexican P.O. has improved but there are still problems, we understand) it can be very useful to have a US mailing address, again for a variety of reasons I don't need to get into here. All three of the mail forwarding services I cited provide you with a Laredo TX mailing address. Texas has no income tax.


(This post was edited by cookj5 on Jul 28, 2011, 12:21 PM)


RickS


Jul 28, 2011, 12:32 PM

Post #4 of 5 (1959 views)

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Re: [bound4ajijic] State Residency

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Here's another option for you to investigate.....

The state of South Dakota has for many years 'facilitated' full-time RV'ers with a 'place to call home'. There are several companies in SD that will help you with this. One doesn't have to be a full-time RV'er to qualify, this is just what their business model addresses. A couple of them are:

http://mydakotaaddress.com/ click on the links on the left hand side of their home page for more information

and

http://alternativeresources.net/

and

http://www.americas-mailbox.com/

BTW, it is perfectly legal to have/get your vehicle plates from South Dakota. There have been many Posts in the past that view this as a sham or that SD is 'doing something illegal'. Nothing could be further from the truth. Whether this (having SD or any US plates in Mexico) will hold up with the new regs that are coming up is yet to be determined. Stay tuned as they say.


(This post was edited by RickS on Jul 28, 2011, 12:36 PM)


stevebrtx

Jul 28, 2011, 2:33 PM

Post #5 of 5 (1918 views)

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Re: [RickS] State Residency

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The main reason I maintain TX plates is loyalty as to where my monies go. I've sent complete information and links to a guy in TX who is politically well connected and owns an insurance agency and told him TX is missing out on a lot of easy revenue, he's checking into it. The main "hitch" with TX is that you have to have at least 30 days insurance to renew. I go up every year so it's not a problem, but I'd bet an awful lot of people don't have valid insurance on day 31 so it's really not solving anything.
http://www.chapalaweather.net
 
 
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