Wyoming nonresident proposal

[Tod osier]

the thing about 'living' somewhere, is they usually only care about time 'spent' and what represents that time 'spent' is a very small threshold, legally, and usually time 'spent' refers to money, and money in this case usually, again, its a small and probably beneficial threshold as is.

Wyoming has a definition of residency, that unless you are willing to lie, you will not get around.

I own property there and will claim residency when it is legal to do so, but that will take actually moving there.

 

[tdhanses]

Wyoming has a definition of residency, that unless you are willing to lie, you will not get around.

I own property there and will claim residency when it is legal to do so, but that will take actually moving there.

I think he knows that based on his first sentence, living in a place for 6 months or even a year doesn’t mean you have to be present 100% of the time, it just has to be your place of main residence where the majority of time spent is more then anywhere else, within a certain time frame. You are allowed to have 2nd, 3rd etc properties in other states/countries you spend time at as well within the timeframe.

Many do this for tax savings that can afford it, Padre in TX is probably more common then anywhere in WY but no reason not to do it for tax savings and hunting being WY doesn’t have an income tax. You would have to designate your WY residence as your primary.

 

[S.Clancy]

How long until MT looks at raising NR prices again? I will get behind it if they limit B tag allocations for elk/deer/antelope to 85:15 or 90:10 for Resident:NR.

 

[Tod osier]

I think he knows that based on his first sentence, living in a place for 6 months or even a year doesn’t mean you have to be present 100% of the time, it just has to be your place of main residence where the majority of time spent is more then anywhere else, within a certain time frame. You are allowed to have 2nd, 3rd etc properties in other states/countries you spend time at as well within the timeframe.

Many do this for tax savings that can afford it, Padre in TX is probably more common then anywhere in WY but no reason not to do it for tax savings and hunting being WY doesn’t have an income tax. You would have to designate your WY residence as your primary.

I'm not so sure he has a complete grasp. Wyoming's definition is pretty strict, the "claimed residency in any other... for any purpose" is pretty iron clad. I'd love to be wrong if someone would point me the way.

WY 23-1-107
(a) Except as otherwise provided in this section, to qualify for any resident game and fish license, preference point, permit or tag issued under this act, a person shall be domiciled in Wyoming for not less than one (1) full year immediately preceding the date the person applies for the license, preference point, permit or tag and shall not have claimed residency in any other state, territory or country for any purpose during that one (1) year period.

 

[Fatcamp]

I think he knows that based on his first sentence, living in a place for 6 months or even a year doesn’t mean you have to be present 100% of the time, it just has to be your place of main residence where the majority of time spent is more then anywhere else, within a certain time frame. You are allowed to have 2nd, 3rd etc properties in other states/countries you spend time at as well within the timeframe.

Many do this for tax savings that can afford it, Padre in TX is probably more common then anywhere in WY but no reason not to do it for tax savings and hunting being WY doesn’t have an income tax. You would have to designate your WY residence as your primary.

Yup. Declare it as your primary residence and spend 6 months of the year there. May-October sounds great to us.

 

[cuerro viejo]

How long before the west coast legislation moves to core western hunting states. How long until the 14mil other hunters quit caring about conservation issues in those states that priced them out?

You can tell there are few on here that can’t 94 don’t care to see past their own generation much less the next.

Death buy thousands of our own cuts, ironic in a way.

 

[Fatcamp]

I'm not so sure he has a complete grasp. Wyoming's definition is pretty strict, the "claimed residency in any other... for any purpose" is pretty iron clad. I'd love to be wrong if someone would point me the way.

WY 23-1-107
(a) Except as otherwise provided in this section, to qualify for any resident game and fish license, preference point, permit or tag issued under this act, a person shall be domiciled in Wyoming for not less than one (1) full year immediately preceding the date the person applies for the license, preference point, permit or tag and shall not have claimed residency in any other state, territory or country for any purpose during that one (1) year period.

Domiciled is the key word there.

 

[tdhanses]

I'm not so sure he has a complete grasp. Wyoming's definition is pretty strict, the "claimed residency in any other... for any purpose" is pretty iron clad. I'd love to be wrong if someone would point me the way.

WY 23-1-107
(a) Except as otherwise provided in this section, to qualify for any resident game and fish license, preference point, permit or tag issued under this act, a person shall be domiciled in Wyoming for not less than one (1) full year immediately preceding the date the person applies for the license, preference point, permit or tag and shall not have claimed residency in any other state, territory or country for any purpose during that one (1) year period.

Your taking domiciled as having to be there 100% of the time, not true, just has to be your primary residence for a year, your allowed to travel and have a second home, heck you can be gone for 5 and a half months and still qualify.

 

[tdhanses]

Yup. Declare it as your primary residence and spend 6 months of the year there. May-October sounds great to us.

Heck go back for Dec and Jan and get in some amazing snowmobile riding.

 

[Fatcamp]

Heck go back for Dec and Jan and get in some amazing snowmobile riding.

Arghhh!!! We have had zero snow for the last 4 years here in SD. People were practically giving snowmobiles away. We have feet on the ground now, but those deals are long gone.

 

[Tod osier]

Your taking domiciled as having to be there 100% of the time, not true, just has to be your primary residence for a year, your allowed to travel and have a second home.

How do you get around "shall physically reside in Wyoming for one (1) full year (365 consecutive days) immediately..."

From Game and Fish's FAQ:

"To qualify for any resident game and fish license, preference point, permit or tag, a person shall be domiciled and shall physically reside in Wyoming for one (1) full year (365 consecutive days) immediately preceding the date the person applies for or purchases the license, preference point, permit or tag and the person shall not have claimed residency elsewhere for any other purpose (including, but not limited to, voting, payment of income taxes, purchase of resident hunting, fishing or trapping licenses, etc.) during that one (1) year period."

Wyoming Game and Fish Department - Am I a Wyoming Resident

wgfd.wyo.gov

I'd love to do it myself.

 

[tdhanses]

How do you get around "shall physically reside in Wyoming for one (1) full year (365 consecutive days) immediately..."

From Game and Fish's FAQ:

"To qualify for any resident game and fish license, preference point, permit or tag, a person shall be domiciled and shall physically reside in Wyoming for one (1) full year (365 consecutive days) immediately preceding the date the person applies for or purchases the license, preference point, permit or tag and the person shall not have claimed residency elsewhere for any other purpose (including, but not limited to, voting, payment of income taxes, purchase of resident hunting, fishing or trapping licenses, etc.) during that one (1) year period."

Wyoming Game and Fish Department - Am I a Wyoming Resident

wgfd.wyo.gov

I'd love to do it myself.

It isn’t jail, yes you have to “Physically” live there for the majority of the year, 51% is a majority, you have to claim it as your primary residence, register to vote, get a drivers license, license vehicles etc.

For 365 consecutive days it has to be your primary residence.

 

[tdhanses]

How do you get around "shall physically reside in Wyoming for one (1) full year (365 consecutive days) immediately..."

From Game and Fish's FAQ:

"To qualify for any resident game and fish license, preference point, permit or tag, a person shall be domiciled and shall physically reside in Wyoming for one (1) full year (365 consecutive days) immediately preceding the date the person applies for or purchases the license, preference point, permit or tag and the person shall not have claimed residency elsewhere for any other purpose (including, but not limited to, voting, payment of income taxes, purchase of resident hunting, fishing or trapping licenses, etc.) during that one (1) year period."

Wyoming Game and Fish Department - Am I a Wyoming Resident

wgfd.wyo.gov

I'd love to do it myself.

Here is the definition of domiciled for WY.

Wyoming Game and Fish Department - Am I a Wyoming Resident

wgfd.wyo.gov

Looks like you can’t be out of state more then 180 days a year, hence the physical presence 51% of the year.

 

[Tod osier]

Here is the definition of domiciled for WY.

Wyoming Game and Fish Department - Am I a Wyoming Resident

wgfd.wyo.gov

Looks like you can’t be out of state more then 180 days straight, hence the physical presence 51% of the year.

I got that 100%, but you dismissed the "shall physically reside in Wyoming for one (1) full year (365 consecutive days)" from that same page as jail like.

I'd like as much as anyone to become a resident early, but I just don't see how to do it.

 

[tdhanses]

I got that 100%, but you dismissed the "shall physically reside in Wyoming for one (1) full year (365 consecutive days)" from that same page as jail like.

I'd like as much as anyone to become a resident early, but I just don't see how to do it.

Establishing Residency in Wyoming is Easy - Jackson Hole Real Estate Search

Abandoning Your Current State May Take Some Work By Kathy Zelazny Many people who visit Jackson Hole fall in love with the spectacular scenery and wildlife that the Valley has to offer. When they find out that Wyoming is an extremely tax friendly state, with no individual or corporate income...

www.jacksonholerealestatesearch.com

 

[tdhanses]

Establishing Residency in Wyoming is Easy - Jackson Hole Real Estate Search

Abandoning Your Current State May Take Some Work By Kathy Zelazny Many people who visit Jackson Hole fall in love with the spectacular scenery and wildlife that the Valley has to offer. When they find out that Wyoming is an extremely tax friendly state, with no individual or corporate income...

www.jacksonholerealestatesearch.com

It is a full 365 days after you elect domicile and you are physically within the state a majority of time, you don’t have to spend 365 days straight there, you don’t lose out because on the 360th day you go to see family for Christmas.

 

[tdhanses]

It is interesting that residency goes back to hunting and fishing.

 

[tdhanses]

From the actual regulation.

(fff) “Resident” means a United States citizen or legal alien who is domiciled in Wyoming for at least one (1) full year immediately preceding making application for any resident game and fish license, preference point, permit or tag, shall not have claimed residency in any other state, territory, or country for any other purpose during that one (1) year period, and meets the requirements specified in W.S. § 23-1-102, § 23-1-107 and § 23-2-101 (a).

https://wgfd.wyo.gov/Regulations/Regulation-PDFs/REGULATIONS_CH44-(1).pdf

 

[tdhanses]

23-1-107. Residency for obtaining game and fish licenses.
(a) Except as otherwise provided in this section, to
qualify for any resident game and fish license, preference
point, permit or tag issued under this act, a person shall be
domiciled in Wyoming for not less than one (1) full year
immediately preceding the date the person applies for the
license, preference point, permit or tag and shall not have
claimed residency in any other state, territory or country for
any purpose during that one (1) year period.
(b) Each person applying for a license, preference point,
permit or tag under this act shall establish his own residency
status independently or as provided in this subsection or
subsection (g) of this section. A minor dependent shall qualify
as a resident if:
(i) His custodial parent qualifies as a resident
under this act; or
(ii) His noncustodial parent qualifies as a resident
under this act and the minor is or will be residing in this
state with the noncustodial parent during any portion of the
calendar year in which the license, permit or stamp is to be
used or in the case of a preference point the calendar year in
which the preference point is to be accumulated.
(c) A person other than a minor dependent qualifying under
subsection (b) of this section, shall lose his residency in
Wyoming if he moves to another state, territory or country and
makes it his domicile, or makes any claim of residency for any
purpose to that state, territory or country. Provided he does
not claim residency in any other state, territory or country for
any purpose, a person shall not gain or lose residency in

Wyoming merely by reason of his presence in or absence from the
state while:
States;
(i) Temporarily employed in the service of the United
(ii) A patient at a hospital or institution; or
(iii) Serving full time for a period not to exceed
four (4) years in an established volunteer service program for
religious, charitable or humanitarian purposes.
(d) A person shall lose his residency in Wyoming if he
resides in any other state, territory or country for an
aggregate of one hundred eighty (180) days or more in a calendar
year, unless he qualifies as a resident under subsection (b),
(c), (e) or (f) of this section. A person who resides in any
other state, territory or country other than Wyoming, for less
than an aggregate of one hundred eighty (180) days in a calendar
year, may maintain residency in Wyoming under this act only if
he qualifies as a resident under subsection (b), (c), (e) or (f)
of this section or if:
(i) The person had originally established residency
by being domiciled for one (1) full year in Wyoming prior to
leaving the state for a temporary purpose;
(ii) The person's domicile or established, fixed and
permanent home consists of real property situated in Wyoming. A
mailing address is not sufficient evidence of domicile or a
permanent home. Mere ownership of real property is not
sufficient evidence to establish domiciliary intent;
(iii) The person is absent from Wyoming on a
temporary basis and has the intention of returning to the state;
and
(iv) The person makes no claim for residency in any
other state, territory or country for any purpose during the
time the person is absent from Wyoming.
(e) A person may remain a Wyoming resident while attending
school in another state, territory or country if:
and
(i) The person does not pay resident tuition fees;

(ii) The person continues to maintain Wyoming
residency and does not claim residency in any other state,
territory or country for any purpose.
(f) Any active duty member of the armed forces of the
United States who has been stationed in Wyoming for ninety (90)
days shall qualify as a resident under this section so long as
the member remains stationed in Wyoming. Any person serving in
active military duty in any other state, territory or country,
may maintain resident status if the person:
(i) Is not a civilian employee of the military;
(ii) Makes no claim of residency in any other state,
territory or country for any purpose; and
(iii) Was a resident of Wyoming when he entered the
military service and Wyoming remains his declared home of record
or the person:
(A) Makes no current claim of residency in any
other state, territory or country for any purpose;
Wyoming; and
Wyoming.
(B) Has established his home of record in
(C) Has maintained his voter registration in
(g) The spouse and minor dependents of a person qualifying
as a resident under subsection (f) of this section shall qualify
as resident for the same periods unless they have made a claim
of residency in any other state, territory or country for any
purposes during those periods.
(h) An applicant shall provide proof of residency and
swear to an oath of residency when making application for, or
attempting to purchase, a resident license, preference point,
permit or tag under this act. License selling agents and the
department shall consider as documentary evidence of residency
any of the following:
(i) A Wyoming driver's license, identification card
issued under title 31 of the Wyoming statutes, or a copy
thereof;

(ii) A copy of the applicant's school records or
military form DD 214, which indicates Wyoming as the applicant's
domicile and home of record;
(iii) A proof of residency statement on a form
provided by the department that has been completed and signed by
the applicant. Any active duty member of the armed forces, his
spouse or minor dependent of the active duty member making
application for or purchasing a resident license, preference
point, permit or tag shall be required to complete and submit
the proof of residency statement; or
(iv) A minor dependent may use as proof of residency
the documentary evidence of his parent or legal guardian.
(j) The commission may promulgate rules and regulations in
accordance with the Wyoming Administrative Procedure Act to
ensure that only bona fide Wyoming residents as defined in this
act are issued resident game and fish licenses, preference
points, permits and tags.

https://wyoleg.gov/statutes/compress/title23.pdf

 

[tdhanses]

No where in the Regs and statutes does it say you have to physically be in state 365 24-7 for 1 year.