What to do if my son-in-law requests to list my home address as his address, for tax purposes.

He is retiring and asked if he could list my FL address as his address in order to avoid very high N.J. taxes. My concern is that I live alone in my home and every document I signed, from real estate taxes, income taxes, medical coverage, etc., has only myself as the sole owner and resident. Should I do this or am I breaking N.J. law as well as FL and federal law?

Asked on May 18, 2016 under Real Estate Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

 If you agree to your son-in-law's request, then you risk being found guilty of tax fraud. As you are aware, a person's primary address controls the state in which they owe taxes. If you knowingly and willingly assist them in a wrongful change of address, then you are an accomplice in the crime. Bottom line, no one likes paying high taxes but the law is the law. If he's retired, he can choose move to FL himself.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you may be breaking the law. He cannot legally avoid taxes by simply lisiting a different address; his taxes are based on his primary residence, or where he actually resides the majority of the time. Trying to use a different address is tax fraud; and if you knowingly assist him in doing this (such as by giving him permission to use your address), you will be aiding him in committing fraud, and so could potentially face liability as an accomplice.


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