CobraKai wrote:
Random question: Anyone know what happens to your residency status once you separate from the military? For instance, I've claimed FL residency my entire career, if I go to Johnson, am I going to be a NYS resident when I move up there? Reason I ask is because I've got some investments I plan on liquidating prior to B-school, and I'd much rather do it as a FL resident to avoid state capital gains taxes.
When you leave the military, you will be a resident of FL. You can maintain your FL residency as long as you are going to school on the grounds that you "plan on returning to FL" after graduation and therefor do not wish to be a permanent resident in the state of NY. Any point in your schooling you can change your mind and become a NY resident if you wish.
Here is the information from the NY DMV (sources sources sources!):
Definition of a Resident. If you become a resident of NYS, you must exchange your driver license and vehicle registration from another state for a NYS driver license and vehicle registration within 30 days.
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.
A judge considers the law and the evidence of your intent and decides if you are a resident of NYS. For example, if you pay taxes or your children attend school in another state, a judge considers these facts to decide if your intent is to make NYS a "fixed and permanent" residence. The DMV will not decide if you are a resident of NYS, if you must get a NYS driver license, or if you must register your vehicle in NYS.
According to this law, students from other states or from other nations who attend school in NYS are normally not considered residents of NYS.https://www.dmv.ny.gov/resident.htm