I recently "moved" to an apartment in NYC to start working full-time
for a new-york based company.  I still have an Ohio driver's license
as well as a permanent address in Ohio.  Is it possible for me to stay
listed as a resident of ohio?  If I do so, what will the tax
implications be (i.e. do I only pay NY state and NYC city based on
their respective rates or do I also have to pay Ohio taxes?)

Hello Tikka308-ga,

Unless you are military or a full-time student, you cannot stay a
resident in your ?home? state, in this case, Ohio. If you get pulled
over, you will be ticketed and required in court to change your
residency.

According to the NY DMV, you have 30 days to get your license
transferred over to NY. After your license has been changed, you are
required to update all your paperwork (i.e. your tax forms for work,
etc). When you go to file your taxes next year, I recommend using a
product like Turbo Tax, which will help you, file your taxes where you
need to until you have had a full year of residency in NY. (I used
them in a move between Iowa and Nebraska, I had to file state taxes
for both states, ? and you may have to as well.)

All the information you need including information and forms is here:
http://www.nydmv.state.ny.us/license.htm#driversmoving

http://www.nydmv.state.ny.us/
://www.google.com/search?hl=en&ie=UTF-8&oe=UTF-8&q=NY%20DMV&btnG=Google+Search

If this answer requires further explanation, please request
clarification before rating it, and I'll be happy to look into this
further.

Nenna-GA
Google Answers Researcher

---

Request for Answer Clarification by tikka308-ga on 12 Jul 2005 13:54 PDT

Nenna,

Much oblige - your information is quite helpful.  Could I ask for this
clarification?

First off, I'm not driving any cars (if that matters...).  I
technically am full-time employed in New York, but often go back home
to Ohio on weekends.  I want to remain in compliance with the law - my
interest in doing this is only because I own certain state weapon
permits that require me to be an ohio citizen.  It seems like since I
still have an ohio residence and visit, then there is no reason I
can't retain my citizenship (just in the same way that a traveling
business consultant might spend 90% of their time in one state yet
retain his residence at his home state).

Thanks!

---

Clarification of Answer by nenna-ga on 12 Jul 2005 14:18 PDT

However, if you're employed in NY, live in NY, and your W2's come from
NY, it's going to be hard pulling this one off. Esp. if it's because
of Gum permits, etc. You could be putting yourself at risk for tax
fraud, just to name one.

If you're truly concerned about the legality, I suggest asking a
lawyer in either Ohio or NY.

Nenna-GA

---

Request for Answer Clarification by tikka308-ga on 12 Jul 2005 15:43 PDT

could you tell me where I could read about where state law defines citizenship? 

Thanks!

---

Clarification of Answer by nenna-ga on 12 Jul 2005 15:57 PDT

I'll point you to 2 sites covering NY Law. 

http://caselaw.lp.findlaw.com/nycodes/

and

http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

I'll also state again being that you're worried about weapons permits,
please contact the police or a lawyer in Ohio or NY.

Nenna-GA

Although very prompt and informative, I found what I was really
looking forward in a link to one of the linked articles
    (Section 250 (5) of the Vehicle and Traffic Law defines the term
"resident." The law defines a resident as a person who lives in NYS
with the intent to make NYS a "fixed and permanent" place to live. To
live in a house, a home, an apartment, a room or other similar place
in NYS for 90 days is considered "presumptive evidence" that you are a
resident of NYS. A police officer can use this evidence as the reason
to issue a traffic ticket if you drive in NYS without a driver license
or vehicle registration issued by NYS.).

Had this been part of their response, I would have gladly given a
better rating and tip.  At the same time, the information and links
were very helpful to finding my answer.  Still a great first time
experience.

If you are living full time in New York, then you are legally not an
Ohio resident.  Are you seeking advice on how to break the law and
fake Ohio residence?