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Thread: Being told I have to get a new License. I need help.

  1. 1mom3kids
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    Being told I have to get a new License. I need help.

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    Hi Ladies. I moved back to SC last month becuase my husband is deployng to Iraq (out of Ft. Riley, KS). He is away for training right now. We bought a house before he left. SInce we are military we have maintained our PA driver's licenses and car registration, but have updated our address to the SC address with the PA DMV.

    Well SC property tax is automatically at 6% on homes. If it is your primary residence, you apply for a lower tax rate of 4%. I took my deed to the tax office along with my bills showing I was lving in the house, and they told me I can not get the lower rate unless I go get a SC drivers license. I told them since DH was Active Duty, I didn't have to get one, and they told me I did. They said only actual military are allowed to retain a license from another state. As a Spouse I have to get a SC drivers license and until I do I can NOT get the lower tax rate ( we are talking about another $7000 a year in taxes at the higher rate). If I go get a SC drivers license I then have to register my car and before I can do that I have to pay SC state taxes on it.

    I called the DMV and they agreed I do not need a SC license. But the Tax office will not budge. I need to call JAG but I don't know who/what to call.

    I'm so upset I started crying in the tax office. I feel like they are trying to take advantage of me, epsecially since D is not here. Where am I supposed to come up with an extra $7000 every year!
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    Is the lower tax rate a homestead exemption of some sort? If so, then it will probably require you to become a SC resident in order to claim it. The tax office probably didn't understand how to explain the requirements.

    They have a homestead exemption here in GA, but it's often more financially advantageous for a military member to not claim it if you have a vehicle registered in GA.
  3. I'm an enlisted 6-star General, Air Coast Force Guard
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    #3
    They are correct. Only the active duty military member has a home of record or whatever you want to call it. As a spouse, you are a civilian, and you are a resident of wherever you currently live.

    For the most part, exceptions and exemptions that apply to military members do not apply to spouses. It's his job, not yours KWIM?
  4. Purpur
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    can you use a POA to switch it using your husbands name? Since he's allowed an out of state license, maybe they'll take it?
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    If so, then it will probably require you to become a SC resident in order to claim it. The tax office probably didn't understand how to explain the requirements.
    That's what I'm thinking. As a dependant, you may not have to have a SC license to drive there, but if you want resident tax privilages sounds like you need to become a SC resident. Having a SC license is part of becoming a resident. Since you are not the active duty member and had a choice about moving there (while your military member did not as he was ordered there), some of the rules that apply to him DON'T apply to you too. Since he HAD to go there, he has more laws protecting him than you do since you are just a dependant.

    For example, he's allowed to keep his license from him HOR state no matter what. Those same rules don't apply to you and each state has their own laws and stipulations regarding you being able to keep your out of state license or having to get their license. I know here in FL, FL only allows me as a dependant to keep my out of state license if I don't buy a house, if my kids don't go to school here, and if I don't work here. If I decide to do any of those, they require me to become a resident including getting a FL license.

    If you want to avoid registering your car in SC too, just take your name off of it and have it in your DH's name only. That'll take care of it.
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    Only the active duty military member has a home of record or whatever you want to call it. As a spouse, you are a civilian, and you are a resident of wherever you currently live.
    I'm not sure that's entirely right. I think it varies from state to state. Otherwise you'd have to get a license for whatever state you live in and there wouldn't be any exceptions for dependants. But there are even if they're different from state to state. How can you be allowed to keep a license for a state that's not considered your state of residency? I think there are some states that require dependants to become residents of the state they're living in, but not all do.

    I kept my license and registration in CA when we moved to Maine, told them I was a dependant, and both states were ok with that. I even worked in Maine and when I filed Maine taxes, they had me do it as a non-resident living in state since I was keeping my CA residency as a military dependant, which they allowed. I was even still voting in CA elections by absontee ballots that were mailed to my Maine address as a military dependant and it's accepted by CA.
  7. Purpur
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    I *think* most states let you keep your license from another state until it expires. At least that has been my experience in every move. Once it expires, you have to get a new one.
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    #8
    Here http://www.usa.gov/Topics/Motor_Vehicles.shtml is a listing of every state's DMV. Check for your state. Most states require that you must get a driver's license from that state within 30 days of moving there.
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    I *think* most states let you keep your license from another state until it expires. At least that has been my experience in every move. Once it expires, you have to get a new one.
    When mine was due to expire, I just called CA DMV, told them I was a military dependant and needed my license renewed, and they sent me a new one. I even had a my wallet stollen while visiting the In-Laws in CA. I went to the local DMV, and they issued me a new one right then and there that was sent to my Maine address and had my Maine address printed on it.

    Most states require that you must get a driver's license from that state within 30 days of moving there.
    Some have special rules for military dependants. That's why I check specifically with each state I move to see if they allow it and what the requirements are (i.e. FL says if I keep my out of state license as a dependant, I can't own a house, have my kids go to school here, or work here. As long as I don't do those, I can keep my CA license). It's stated right on the on-line FL DMV website.

    Maine also allowed military dependants to keep their out of state license. I think their only rule was that you couldn't own a house in Maine. This was also straight from Maine's DMV website in a special section.
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    When we were stationed in CA I had to become a resident in order to get the resident fee for college even though I was a mil dependent from TX.
    I depends on the state like PrincessBlue505 says.
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