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Does buying a Miami condo make you a Florida resident?

For the New York, New Jersey or California owner buying a Miami pre-construction home who may make Florida their permanent base.

This page explains. Whether the building suits you is a separate conversation. Contact the desk at Miami Dossier for the current position on any building we cover.

The short answer

No. Buying a Miami condo does not by itself make you a Florida resident. Florida domicile is where you live and intend to remain, shown by what you do: moving in, filing a Declaration of Domicile under section 222.17 of the Florida Statutes, switching your driver licence, vehicle and voter registration, and claiming the homestead exemption on the home. Florida sets no minimum number of days; the 183 day figure usually comes from the state you are leaving.

A pre-construction buyer adds one more fact to plan around: you cannot claim homestead until you own the finished home and live in it on January 1.

What actually establishes Florida domicile?

Domicile is your one permanent home, the place you return to. Florida looks at intent and at acts that show it. The common steps are:

Live in the home. A finished, occupied residence is the base of every other step.

File a Declaration of Domicile with the clerk of the circuit court in your county. It is a sworn statement that Florida is your permanent home.

Get a Florida driver licence; Florida law expects new residents to do this within 30 days of becoming residents. Register your vehicles and register to vote here.

Apply for the homestead exemption on the home you own and live in.

Move the life with you: doctors, accounts, memberships, the place your important belongings are kept.

No single step settles it. Together they build the record your former state will look at if it disagrees.

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Is there a 183 day rule in Florida?

Not for domicile. Florida does not require a set number of days to become domiciled here. The 183 day figure comes from the tax rules of high-tax states. New York, for example, can treat you as a resident for tax if you keep a permanent place to live there and spend more than 183 days in the state, even if your domicile has moved. That is why buyers keep careful day counts after a move.

Our state guides cover how the old state looks at it: moving from New York to Miami, from California and from Chicago. Your tax adviser applies those rules to your facts.

Why does Florida residence matter to a buyer?

Two reasons buyers ask. First, Florida has no state personal income tax; our page on Florida state income tax explains what that does and does not cover. Second, a permanent resident who owns their home can claim the homestead exemption, which lowers the taxable value of the home and brings the Save Our Homes cap: yearly increases in the assessed value of a homestead are limited to 3 percent or the change in the consumer price index, whichever is lower.

A second home does not qualify for homestead. Non-homestead residential property has its own cap of 10 percent a year, which does not apply to the school portion of the tax bill. Over years of ownership, the gap between the two caps can matter.

How does a pre-construction closing affect homestead timing?

Homestead turns on two dates. You must own the home and make it your permanent residence on January 1, and you apply to the county property appraiser by March 1 of that year.

Take a concrete case. Cipriani Residences Miami in Brickell has delivery set for summer 2027, per the developer. A buyer who closes and moves in that summer could be living there on January 1, 2028 and file by March 1, 2028. A buyer whose closing slips past January 1 waits another year for the exemption. Delivery dates move; see our page on what happens if a developer delivers late and the Cipriani location note.

Until closing, a pre-construction contract gives you no home to live in, so it cannot support domicile on its own. Plan the move around the delivery date, not the contract date.

What about foreign buyers and residents of other countries?

Homestead is tied to permanent residence, and eligibility for buyers who are not US citizens depends on their immigration status; counsel confirms it case by case. Buying a home does not grant a visa or any right to live in the United States; our page on whether buying gets you a US visa explains what does.

What should I do before I sign?

Decide which kind of owner you will be: second-home or permanent. It changes the building that fits, the closing date you want and how you take title, since the way you hold title can affect homestead; see LLC, trust or personal name. If the move is to Bal Harbour or Brickell full-time, our Brickell vs Bal Harbour page compares the two, and Miami vs Palm Beach covers the seasonal choice.

The desk matches the delivery date of each building you are considering against your move, so the closing lands on the right side of January 1. Tax and domicile advice comes from your own adviser.

The Shift

What the desk holds on Florida domicile

Contact the desk at Miami Dossier for the current plans, pricing and availability as the developer releases them, discussed one to one.

The plans by line, and which lines are left. The developer’s current release, not the brochure’s.
The deposit schedule. Proportions, trigger dates, and where the money sits.
What the sales gallery will not volunteer. The view lines that close, the floors that trade first, the association budget.
Where we would not proceed. Sometimes the answer is a different building. Sometimes it is not yet.

WhatsApp the desk · 305.588.4547·[email protected]

Common Questions

Questions buyers ask

Does buying a home in Florida make me a Florida resident?
No. Owning a home is one fact among many. Florida domicile rests on living here with the intent to stay, shown by filings and daily life: a Declaration of Domicile, a Florida driver licence, vehicle and voter registration, and the homestead exemption.
Do I need to spend 183 days in Florida to be domiciled here?
No. Florida has no minimum day count for domicile. The 183 day test comes from other states' tax rules; New York, for example, can tax as a resident someone who keeps a home there and spends more than 183 days in the state.
What is a Florida Declaration of Domicile?
A sworn statement, provided for in section 222.17 of the Florida Statutes and filed with the clerk of the circuit court in your county, declaring Florida your permanent home. It is evidence of intent, strongest alongside the other steps.
When is the Florida homestead exemption deadline?
You must own the home and make it your permanent residence on January 1, and file the application with the county property appraiser by March 1 of that year. Late filing rules are narrow, so confirm the details with the Miami-Dade Property Appraiser.
Can I claim homestead on a pre-construction condo?
Only after closing, once you own the home and live in it on January 1. A contract on an unfinished building does not qualify. Match the expected delivery date against January 1 when planning a move.
What does Save Our Homes limit?
It limits yearly increases in the assessed value of a Florida homestead to 3 percent or the change in the consumer price index, whichever is lower. It applies only to homestead property, not to second homes.
Is a Miami second home taxed differently?
Yes. A second home cannot receive the homestead exemption. Non-homestead residential property has a separate cap of 10 percent a year on assessed value increases, which does not cover the school portion of the tax bill.
How soon must I get a Florida driver licence after moving?
Florida expects new residents to obtain a Florida licence within 30 days of becoming residents. Switching the licence, vehicle registration and voter registration are among the clearest signs of a move.
Can a foreign buyer claim homestead in Florida?
Homestead requires permanent residence, and for buyers who are not US citizens, eligibility depends on immigration status. Counsel confirms it for your situation. Buying a home does not by itself grant any right to live in the United States.
Does buying a Miami condo end my New York tax residency?
Not by itself. New York looks at where your domicile is and how many days you spend there, among other facts. Changing domicile takes actions in both states. Your tax adviser applies the rules to your situation.
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Before You Act On Any Of This

Before you act on any of this

We hold no listings and we are not the developer. Contact the desk at Miami Dossier and we will tell you what applies to your situation, what does not, and where we would not proceed. Where a question is legal, tax or structuring, we introduce you to advisers who handle that properly rather than answering it ourselves.

WhatsApp the desk · 305.588.4547·[email protected]

Who answers this page

The Miami Dossier team works for the buyer, not the developer. Every agent on Samuel Strauch’s team represents buyers in Miami pre-construction.

A person replies within 24 hours, usually much sooner. On weekends, back on Monday morning.

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