183 Days Doesn't Make You a Florida Resident

Your story is bigger than your wealth

One of the most common misconceptions I hear from people moving to Florida is that spending 183 days here automatically makes them a Florida resident.

It sounds simple enough. Spend more than half the year enjoying Florida's sunshine, establish residency and leave your former state's income taxes behind.

Unfortunately, it doesn't work quite that way.

Florida has no 183-day requirement to establish residency; you’re welcome here for as little or as long as you wish to stay. In fact, the rule you've probably heard about may have more to do with your former state than your new one.

And misunderstanding that distinction could become an expensive mistake.

Your Former State May Not Agree That You’ve Moved

Establishing Florida as your permanent home, legally referred to as your domicile, requires more than purchasing property, getting a driver’s license, and registering to vote.

Your actions need to support your intentions.

Where do you spend your holidays? Where are your doctors? Where is your social life? Where are your business interests and other financial relationships?

These details can become particularly important when your former state questions whether you've genuinely relocated.

Certain states, including New York and Connecticut, have statutory residency rules.

Depending on your circumstances, maintaining a qualifying residence in your former state and spending more than 183 days there can make you a resident for income tax purposes, even after establishing domicile in Florida.

Auditors may examine everything from credit card transactions to travel records when investigating residency. For families with substantial income or an upcoming business sale, the financial consequences can be significant.

Make Your Florida Move a Wealth Advantage

If you’re planning a move to Florida, particularly ahead of retirement, a business sale or another major life event, residency deserves attention well before moving day. The earlier you start, the better you can plan.

Start by reviewing your ties to your former state. Consider how much time you’ll spend there, whether you maintain a second home, and which personal and professional relationships you’ll retain.

If you’re like most people, you probably aren’t particular about changing your established professional relationships. Maintaining those relationships in your former state is a choice, but one that may invite additional scrutiny if your residency claim is ever challenged.

Your move is also an opportunity to put coordination on your side.

Bringing your wealth advisor, CPA, and attorney together in Florida can help you better anticipate planning opportunities, coordinate for major financial decisions, and establish a more consistent record of your Florida residency.

Florida offers an extraordinary opportunity to preserve, grow and enjoy more of your wealth. The goal is to make sure the financial benefits of your move last as long as your Florida lifestyle.

Rob Edwards is a Managing Director and Senior PIM® Portfolio Manager at Edwards Asset Management, serving high-net-worth families across Florida. He specializes in helping families preserve, grow and enjoy their wealth, including turning their move to Florida into a strategic wealth advantage. Featured in national publications including The Wall Street Journal, Forbes and U.S. News & World Report, Rob brings a wealth management perspective to the financial decisions that accompany significant life transitions. To learn more, visit RobEdwardsWealth.com.