residence


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Related to residence: place of residence

Residence

Personal presence at some place of abode.

Although the domicile and residence of a person are usually in the same place, and the two terms are frequently used as if they have the same meaning, they are not synonymous. A person can have two places of residence, such as one in the city and one in the country, but only one domicile. Residence means living in a particular locality, but domicile means living in that locality with the intent to make it a fixed and permanent home. Residence merely requires bodily presence as an inhabitant in a given place, whereas domicile requires bodily presence in that place and also an intention to make it one's permanent home.

This distinction is relevant for members of the military, who may move frequently during the course of a typical career; college students, whose state of domicile may affect whether they are eligible for scholarships and grants from a state university; and retired individuals, whose domicile will determine where they pay taxes. Domicile determines where a person votes and where a person's driver's license is issued.

Cross-references

Voting.

residence

n. 1) the place where one makes his/her home. However, a person may have his/her state of "domicile" elsewhere for tax or other purposes, especially if the residence is for convenience or not of long standing. 2) in corporation law, the state of incorporation. (See: resident)

residence

noun abode, accommodations, address, billet, commorance, commorancy, domicile, domiciliation, domicilium, domus, dwelling, habitancy, habitat, home, housing, inhabitancy, inhabitation, living place, living quarters, lodgings, lodgment, place, place of resiience, quarters, residency, sedes
Associated concepts: domicile, legal residence, residency requirement
See also: abode, address, apartment, building, domicile, dwelling, habitation, headquarters, home, homestead, house, household, inhabitation, lodging, occupancy, occupation, possession, seat, structure

RESIDENCE. The place of one's domicil. (q.v.) There is a difference between a man's residence and his domicil. He may have his domicil in Philadelphia, and still he may have a residence in New York; for although a man can have but one domicil, he may have several residences. A residence is generally transient in its nature, it becomes a domicil when it is taken up animo manendi. Roberts; Ecc. R. 75.
     2. Residence is prima facie evidence of national character, but this may at all times be explained. When it is for a special purpose and transient in its nature, it does not destroy the national character.
     3. In some cases the law requires that the residence of an officer shall be in the district in which he is required to exercise his functions. Fixing his residence elsewhere without an intention of returning, would violate such law. Vide the cases cited under the article Domicil; Place of residence.

References in periodicals archive ?
The governor general's secondary residence is also an historic military site.
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If the individual was unemployed, the distance between the new place of employment and the residence sold or exchanged must be at least 50 miles.
The magistrate opined that there was a high probability that evidence of drug trafficking would be found in the residence of a drug dealer.
Qualified proceeds mean the proceeds payable as a result of damage to, or destruction or involuntary conversion of the residence held by the trust.
The resident manager then placed completed surveys in an envelope with only the residence name identified and returned the packet to the researcher.
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Taxpayers not meeting the strict occupancy and use requirements described above still may qualify for a reduced maximum exclusion if the residence sale or exchange was due to a change in place of employment, health or unforeseen circumstances; final regulations issued in 2004 explain how and when sellers may qualify and provide safe harbors.