Richard Litwin's blog

Changing your Residency to Florida and the Presumption of Continuing Legal Residence

Georgia borders Florida and Tennessee – states that do not tax personal income. Longtime legal residents of Georgia who hope to change their legal residence to Florida or Tennessee must understand how to change legal residency (domicile). A taxpayer who wants to move to Florida or Tennessee but continue to travel back-and-forth to Georgia cannot and should assume that he has changed his legal residence by simply buying a home in Florida or Tennessee and taking other minimal steps to establish domicile in those states.

Sales Tax: Keeping the (Good) Faith in Taking Resale and Exemption Certificates

At some point in the life of a business, the business will undergo a sales and use tax audit. For sellers of product (most notably, tangible personal property), in Georgia, every sale is presumed to be a sale-at-retail for which the seller must collect sales and use tax. If the seller does not collect tax from the buyer (perhaps the buyer claims that the transaction is a purchase-for-resale), then the seller must have adequate proof that the sale is not taxable, to wit: that the sale is either exempt or is an excludible purchase-for-resale.

Note: Pass the SALT Blog of The Litwin Law Firm, P.C. is a blog dedicated to sharing views and ideas on state and local taxation. This document is an overview and summary of state and local tax obligations. This document is not intended to be, nor should be interpreted as, legal advice. For legal advice, the reader should contact an attorney.

The Litwin Law Firm, P.C., based in Atlanta, Georgia, represents clients statewide including Fulton County, Dekalb County, Decatur County, Cobb County, Douglas County, Forsyth County, Gwinnett County, Rockdale County, Henry County, Clayton County, Carroll County, Fayette County, Paulding County, Bartow County, Richmond County, Muscogee County, Columbia County, Clarke County, Chatham County Dougherty County, Glynn County and Cherokee County including the cities of Sandy Springs, Alpharetta, Roswell, Carrollton, Decatur, Marietta, Smyrna, Duluth, Cumming, Woodstock, Athens, Brunswick, Gainesville, Douglasville, Newnan, Peachtree City, Lawrenceville, Stockbridge, McDonough, Rome, Augusta, Savannah, Macon, Columbus, Albany and Dalton.

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