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Relocating to Florida
Considering Moving or Changing Domicile to Florida?

Is a Florida Will necessary?
Recommended Florida Health Care Documents.
Avoiding Double Tax - Dual Residence.
Florida Intangible Tax.

Many people have selected Southwest Florida for the sunshine, beautiful beaches, great golf courses and last but not least very favorable tax structure.

  • No Florida State Personal Income Tax
  • Florida Intangibles Tax - Exemptions
  • No Florida State Gift Tax
  • Low Florida Estate Tax
  • Homestead - Asset Protection

There are numerous advantages to changing your "domicile" to Florida in addition to the great weather. Florida presently has no state income tax and no state gift tax. The estate tax is equal to the federal state credit. Therefore, the Florida estate tax does not add any additional tax to the overall federal estate tax.

Florida does have an intangibles tax; however, there are numerous exemptions to this modest tax.

Is a Florida Will necessary?
While a new Will is not required, it is often appropriate to have your present Will revised to comply with the requirements and benefits provided under the Florida Statute. Be sure your Will is executed properly and the Will is self-proved. Take advantage of the use of the separate writing statute that allows you to dispose of tangible personal property with ease of a casual separate document that you can change frequently without the expense of an attorney.

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Recommended Florida Health Care Documents
Florida has evolved tremendously in the last 10 years in the area of advanced directives. The statutes pertaining to living wills, health care surrogates, powers of attorney and guardianships have all been recently created or redesigned.

One of the most important aspects of estate planning is the appointment of a person or persons who will make medical decisions for you if you become incapacitated.

A Florida Living Will that states in general that you do not wish to be kept alive by heroic means if there is no reasonable probability that you will come out of a vegetative state.

A Designation of Health Care Surrogate appoints a person or persons to make all health care decisions for you if you are unable to give informed consent. An example is whether to operate or use certain medical treatment on your behalf, such as chemotherapy.

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Avoiding Double Tax - Dual Residence
Upon moving to Florida it is essential that you take the necessary steps to establish Florida as your "domicile" and affirmatively state that you have moved from your prior domicile. This does not mean you may not have two residences (or more). The determination of domicile is based on your particular facts and circumstances.

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Florida Intangible Tax
While there is no state income tax in Florida, there is a 1 mil intangible tax. As the name indicates the tax is imposed on intangibles only, not on tangible personal or real property. There are many exemptions to the intangible tax. A few examples are cash, Florida municipal securities and pension assets. There is also an small dollar exemption designed to eliminate the tax on small estates.

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