Mich. Admin. Code R. 206.5 - Residency; determination guidelines

Rule 5.

(1) A person who is domiciled in this state is a resident of this state. "Domicile" means the fixed, permanent, and principal home to which a person, wherever temporarily located, always intends to return. A person may have several residences or dwelling places but only may have 1 domicile at a particular time.

Domicile, once established, is not lost until there is a concurrence of all of the following:

(a) The specific intent to abandon the old domicile.

(b) The intent to acquire a specific new domicile.

(c) Actual physical presence in the new state of domicile. Generally, the domicile of the wife follows that of the husband.

(2) To overcome the presumption of residency, as stated in subrule (1), a taxpayer shall present detailed factual data to the department. Factors to be considered in determining a taxpayer's residency or domicile include where he keeps his most important possessions, houses his family, votes, maintains club and lodge memberships, buys automobile licenses, maintains a mailing address and banks, operates a business, or sues for divorce. However, no one of these factors is controlling. The failure of a person to pay income taxes in the state to which he claims to have domicile is very significant.

(3) A person whose residency cannot be determined by the above guidelines shall be deemed a resident of Michigan if he lives within the state for not less than 183 days during the tax year or for more than 1/2 the days during a taxable year of less than 12 months.

Notes

Mich. Admin. Code R. 206.5

1979 AC