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BUFFALO---Florida, long the retirement destination for thousands of New Yorkers, has mounted a quiet but aggressive campaign to lure more New Yorkers.
But, beware of the guardianship laws in Florida.
Meanwhile, New York State tax auditors are increasing their vigilance, seeking to make it more difficult for people who have residences in both states to avoid New York State taxes.
For many, taxes are a far more important consideration than sunshine.
Florida, with no income tax and no estate tax, recently repealed its annual intangible tax on investment portfolios, making the state an even more attractive tax haven for New Yorkers. As an additional sweetener, Florida also has capped any annual increases in assessments of homes owned by New Yorkers in Florida at 3%, but only if they become Floridians.
However, New Yorkers should be aware of the guardianship issues in such Florida counties as Pinellas.
The issue is especially difficult for New Yorkers who are eager to avoid New York taxes but still maintain a residence and spend summers in New York, says Allan R. Lipman, a Buffalo attorney.
Lipman, who also is licensed in Florida, has written two books dealing with the complex problems that confront those individuals. Now he has created an audio presentation available without charge on his web site that explains the step-by-step process that may enable a person to establish a Florida domicile while maintaining a residence in New York. The web address is www.snowbirdguide.com.
"The auditors from the New York State Department of Taxation & Finance are under orders to pursue the 'snow birds' and attempt to collect the New York taxes," Lipman said. "However, if a person follows the steps covered in the online seminar, they may be able to establish a true Florida domicile while still adhering to the law."
The seminar lasts 35 minutes, explores the problems involved in a change of domicile, answers the 10 most frequently asked questions, and suggests steps transplanted New Yorkers can take if their domicile claim is challenged by New York.
However, prior to changing their domicile to Florida, New Yorkers may want to read:
Justice For Florida Seniors - White Collar Crime in Pinellas County
Guardianship: Exploiting Vulnerable Senior Citizens
9-28-06
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© 2006 North
Country Gazette
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