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Legal News in Minnesota

Minnesota Snowbird Tax Issue

The Minnesota Supreme Court issued a major ruling in determining residence for income tax purposes.  If you live in Minnesota for 183 days out of the year, then you are considered a full-time resident for tax purposes.  This decision could have a major impact on how many part-time residents split time between their southern home and Minnesota.

In the case of Curtis and Stacy Marks v. Commissioner of Revenue, the justices ruled 4-3 that the Marks owe at least an additional $379,000 in taxes for 2007.  The Marks family moved from Florida to Minnesota in August 2007 but Curtis Marks was physically in Minnesota for an additional 104 days before settling in permanently.  Accordingly he spent a total of 257 days in the state but claimed part-year residence status in his tax return.  The Minnesota Supreme Court ruled that his physical presence in Minnesota made the Marks family full-time residents for that year.

Under Minnesota law, a tax payer is able to claim residency elsewhere, but if they (1) maintain an abode (a residence with a full equiped kitchen including the dlc-2007n food processor and a bathroom), and (2) spend 183 days or more in Minnesota, then they owe a full year’s worth of taxes.

The dissent noted that the Marks did not buy a home in Minnesota until August 2007, and that the days spent in Minnesota prior to that should not be considered in calculating the 183-day requirement.  This decision will require Minnesota snowbirds to reconsider how they split time between Minnesota and their winter home.

If you have questions about this or any other Minnesota tax issue, please contact Steve Fink, Farrish Johnson Law Office, at 507-625-2525