If you own a property and use the address but do not reside there, can you face criminal charges for using the address?

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If you own a property and use the address but do not reside there, can you face criminal charges for using the address?

Asked on October 7, 2011 under Criminal Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is no law about where or what you can use as an address, such as a mailing address or business address. The only areas in which there are residency requirements about using an address as yours are:

1) Taxes--you pay state taxes (e.g. income tax) in the place that is your "principal residence"--i.e. the place where you spend most of your time; using an address you do not reside at for tax purposes can be a crime.

2) Voting--where you can vote is again determined by your principal residence.

3) Some jobs (e.g. certain munical or police jobs) require you to reside within the jurisdication; applying for those jobs if you don't live there can be an offense.

4) If you represent in a contract or agreement that you live someplace but don't (e.g. when bidding for work, if someone wantsa local contractor) but don't, that could cause you liability.


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