Intro to Nevada Residency
The term "Nevada residency" seems pretty straightforward: you’ve moved to the state, so you’re a resident. However, the law uses certain tests to determine residency. To be considered a resident, you must be legally entitled to live in Nevada indefinitely. In other words, you have to be able to live in the state for as long as you want.
In Nevada, each individual has a legal residence and one legal domicile. Your legal residence is wherever you actually live, but your legal domicile – and where you are legally considered to be a resident – is the place where you intend to return after your travels. There is also a difference between physical presence in Nevada and residency; for example, you might be physically present in the state but still not a resident. A common example is a student who moves to Nevada to attend college but intends to return to their home state when they graduate . If you move here from another state and are unsure whether you are a Nevada resident, it helps to do things that show your state of intent. For example, it is very beneficial if you get a Nevada driver’s license, even if you already have a different state license. If you are moving from another country – or really if you are an American – taking steps that show that you intend to stay in Nevada instead of returning to your previous location. For example, if you clear out your closets before moving, you will likely take most of your possessions with you to Nevada. Getting rid of any items you don’t take from the previous location is an indication that you consider the new place to be your primary residence. Changes of address are also helpful indicators of residency.
How Become a Resident of Nevada
Establishing residency in Nevada requires individuals to fulfill a number of obligations before moving to the state. One of the first things new residents need to do upon arrival in Nevada is establish a permanent address within state lines. Another important step is securing and registering a Nevada-issued driver’s license to replace the one issued by the individual’s home state.
How long a person has to secure residency in the state generally depends on their reason for moving. For example, temporary residents have a grace period of 30 days once they enter Nevada, but those relocating to the state with intention of remaining for at least 30 days must establish residency within that same time frame. This means that if you’ve moved to Nevada from another state and obtained your driver’s license in order to vote in the Nevada elections, but you expect to relocate again in less than 30 days, you wouldn’t be considered a resident of the state.
Once you’ve established residency, you need to go through the process of obtaining a Nevada driver’s license, which is relatively simple if you know the process. You’ll be required to provide proof of identity, proof of residency and transportation to the DMV. This means one of your new neighbors will have to give them a ride to the DMV, or they’ll need to find one of the many public transportation options available to Nevada residents.
If the person you’ve been carpooling with to work wants to keep driving you around, they’ll also need to take a trip to the DMV, since newly established Nevada residents need to register their vehicles and obtain a Nevada-issued license plate. Fortunately, establishing residency, obtaining a Nevada driver’s license and registering a vehicle can usually be done in one trip to the DMV. Making time for registration may seem like a hassle, but it isn’t as complicated as you might think.
Required Time to Establish Nevada Residency
In order to become a legal resident of Nevada, individuals must meet certain time requirements. These requirements vary for the purposes of taxation versus other purposes such as voting or securing a driver’s license. It’s important to be aware of these distinctions to ensure compliance with state laws.
For tax purposes, in order to be considered a Nevada resident, an individual must be physically present in the state for 183 days or more in a calendar year. In addition to being in state for this length of time, individuals must also qualify under one of the additional tests for residency in order to be treated as a Nevada resident for tax purposes.
It’s also important to note that married couples that each meet a day short of the 183-day requirement will be treated as Nevada residents for the purposes of calculating state taxes. Families that have a domicile, or permanent home, in Nevada are also considered to be Nevada residents even if they do not meet the 183-day minimum.
People that are stationed in Nevada due to employment that requires a temporary assignment will generally maintain their residency in their home state from which they came. Individuals that are in Nevada for a temporary vacation, that are registered to vote in another state or that are licensed in another state to conduct a profession also typically do not meet the residency requirement.
The residency laws in the state of Nevada are complex, and this analysis highlights only a few aspects of residency laws in the state. Individuals that are considering moving to Nevada or that have already moved to the state are advised to seek legal counsel or consult with tax professionals that can assist in ensuring compliance with state laws.
Nevada Residency for Tuition Purposes
To qualify for in-state tuition, students must establish Nevada residency. Students must have the status of "residents of Nevada" to qualify for state tuition rates at Nevada universities and colleges. To establish Nevada residency, the Board of Regents requires that a person must be a bona fide resident of the State of Nevada for at least the 12 months immediately preceding the semester for which the determination is made.
In order to be classified as a resident for tuition purposes:
- The person must reside in the State of Nevada for at least 12 months before the semester begins, except in situations where the person has established Nevada residency through an exception provided by the university.
- The person cannot be financially dependent on someone who is not a resident of the State of Nevada, unless that person has lived in the State of Nevada for at least two previous or consecutive years and can report themself for income tax purposes as a resident of Nevada.
- The person must not have established a legal residence in another state or country or, except as provided in Nevada Revised Statute 352.070(4), resided outside of Nevada for an aggregate of more than 12 months during the 24 months immediately before beginning the semester in which the determination is made. (NRS 474.150)
The person will not be considered a resident, for tuition purposes, if they are in the State of Nevada for the purpose of attending a school, including a visiting or an exchange student. There are issues that can arise which affect the residency status of persons who are financially dependent, are minors living with their parents, or if the person’s spouse is not a resident of the State of Nevada. Certain exceptions apply to NRS 474.150 for those who are: holders of a retired military identification card, hold a diplomatic identification or residence visa, or are on active military duty.
Voter Registration and Nevada Residency
Until 2013, when you moved to a new county in Nevada, you had to get in touch with the Secretary of State to notify them of your change in residency. That is no longer the case. However, if you are new to Nevada and want to vote in the next election, it is vital that you register to vote in order to be eligible to cast your ballot. To register to vote, you must have been a resident in the district and county for 30 days. Residency can be somewhat complicated, but below is the definition of residency in Nevada:
NRS 10.155 "Resident" means a person who, at any regular meeting of the county or township officers required to assess property , is:
1. Registered to vote in this state; or
2. Affected by the results of the assessment and has a permanent place of domicile in the state.
As a new resident of Nevada, you can register to vote online either in person or by mail, or you can register in person at the Registrar of Voters Office or at any early-voting location.
If you missed the deadline and haven’t registered to vote by mail or online, you still have the ability to register in person on the last day you can early-vote. However, failure to register by October 6, 2014 means you are not legally allowed to vote on November 4 or in subsequent elections until you are registered.
Changing State Residency to Nevada
For individuals moving to Nevada and changing residency from another state there are several items that need to be taken into account. First, residents of Nevada pay no state income taxes, thus a change of residency from a state with state taxes may result in a reduced tax burden. Nevada also has the lowest average consumer tax burden in the county (meaning lower sales tax and property tax than other states). However, as with any state there are obligations to the state when it comes to registering your vehicle. In Nevada, new residents must register their vehicles within 30 days of getting residency in the state. In order to register your vehicle you must bring: (1) your vehicle title; (2) the current vehicle registration; (3) any odometer disclosures for the vehicle; (4) an application for the Certificate of Title/Registration form; (5) proof of your current identity; (6) proof of Nevada insurance; and (7) the payment required for the application and the license plates. Best practice is to register your vehicle(s) at the Department of Motor Vehicles (DMV) in person, as they are able to offer any additional guidance based on your individual situation.
Nevada Residency and Other Legal Consequences
Understanding Nevada Residency Laws: Essential Information for New Residents
The transition from resident to non-resident is not as simple as it seems. If you have lived in another state, you have most likely paid taxes on your income and were required to file a state tax return. When you move to Nevada, you will not be subject to state income tax. The silver state is one of only seven states to not charge its residents state income tax. However, if you earned money in the previous year while living in another state, you may be required to file a non-resident state tax return for that place. This may sound complicated, but if you can be organized, it is not terribly difficult. You should also consider hiring a tax professional to be sure you are in compliance with the state’s taxing laws, or consult with a tax preparation service. As an example of state tax obligations, here are just a few of the many requirements: Furthermore, beyond state income taxes, you may also be partially responsible for property taxes that were incurred while you were a residential property owner. And, as a resident, you are responsible for paying property tax due on any real estate you purchase in the state of Nevada. Nevada’s property tax rate is 2.95%, which is lower than the national average. You do not have to pay any state tax when purchasing a property in Nevada, but you will pay a filing fee of about $33 to the Nevada secretary of state. Suppose you are not a citizen of the United States, but a foreign citizen. Your responsibilities for minimum residency in regard to immigration and visa statuses may differ from those of a U.S. citizen. You will still be considered a Nevada "domiciliary," and will still be required to submit evidence of residency if you want to vote, obtain a driver’s license, file state tax returns, etc. However, you may be required to obtain or maintain a visa to be allowed to live in the United States. Some individuals will attempt to evade taxes in order to reside in Nevada. If you are not diligent in keeping records of travel and location, you may find yourself in some trouble. When a person sells their home and moves to a new state, they try to gauge how long they might stay away before returning to the old location. A person who left Michigan in mid-January might think that returning in mid-June is a long enough absence to avoid capital gains taxes on his/her Michigan sale. Not quite. In Michigan, if the property was your primary residence more than 3 years prior to the sale date, there is no capital gains tax owed if the sale occurred in the year 2008, there is no capital gains tax due, even if the property was reoccupied on January 1st of the same year the sale occurred. However, if you move to another state, return to Michigan for a weekend in February or March for a tourney or to visit family, and then leave again, you are still a Michigan resident. If the state you moved to has no comparable capital gain laws, you may have an issue with Michigan’s treasurer’s office when it comes to capital gains taxes. Accordingly, even if you have the best of intentions when moving to Nevada and wish to comply with all state laws, accidental missteps can have inadvertently negative effects if you are not careful.
Common Myths About Nevada Residency
The most common misconception about Nevada residency is that you have to physically live in the state for six months before you can call yourself a resident. Nevada does not have any requirement or waiting period for living in the state. As soon as you move to Nevada you become a resident.
Another common misconception is that you can only become a Nevada resident if you own and operate a business in the state. This is simply not true . Nevada residency can be obtained by anyone for a job, independent contracting relationship, and/or as a result of finding reliable work as the state’s unemployment rate continues to trend downward.
Some people erroneously believe that legal residency can only be obtained by actually moving to the state of Nevada, living here, and then deciding to fill out all the necessary paperwork and make sure everything is in place. Residency can also be determined by directive and is dependent on your intentions as evidenced by the various contacts you make with the local community in Nevada.