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  • In the News, Professional Advisors

Professional Advisor Spotlight with James A. Ballerano: How Philanthropy Helps Establish Florida Residency

  • December 4, 2024

For the many high-net worth individuals who have flocked to the Palm Beach and Martin counties areas during and after the pandemic, establishing their Florida residency is paramount. To that end, where they direct their philanthropy can help.

The benefits of becoming a Florida resident are many, including not having to pay state income tax, estate tax, or inheritance tax. In addition, the state offers favorable property and trust laws.

Of course, there are the technical steps new arrivals need to take to establish residency, such as buying a home, getting a Florida driver’s license, filing a change-of-address form, and spending more than six months outside of your former state of residence.

But sometimes that isn’t enough.

“When you’re moving from the Northeast or the Midwest or California, all of those states do their best to try to keep their hooks into those folks so that they can continue to collect income tax, and then when they die, the estate tax,” said James A. Ballerano, trust and estate partner at Day Pitney LLP, and a member of the Community Foundation’s Philanthropic Advisory Council.

“Although you would think that those examinations for domicile audit purposes would be based on the amount of time you spend in that state, or where you have the bigger home and things of that sort, it really comes down to where your heart is,” he said. “That’s a very subjective issue, and oftentimes where your heart is, is where your philanthropy is.”

One example Ballerano often uses is if an individual retains a board seat back in their home state, goes back for regular meetings and directs their money toward that organization. That scenario could come back to haunt a person, who looks like they really haven’t detached from their former home state, Ballerano said.

If recent arrivals are philanthropically inclined, Ballerano often advises them to re-direct their giving where they now reside, most often, Palm Beach or Martin counties. The reaction to that advice often comes with a shrug, he said.

“I just moved here,” is a common refrain. “Where do I even begin?”

That’s when Ballerano will connect his clients with the Community Foundation. They have a 50-year history, a robust staff that can help with research, and can match individuals to causes that they’re passionate about. It can be an impossible task to sort through all the area’s nonprofits on their own, he said.

“There’s likely something on the palate at the Community Foundation, and they could pick up their brush and really make a mark on the community, make a mark on behalf of their family, leave a legacy,” Ballerano said. “And in the process, fulfill a legal requirement that they actually have, in fact, moved not just themselves physically, but they’ve moved their focus and their heart, if you will, to Florida because this is where they’re now invested.”

In addition, Ballerano has found clients appreciate plugging into the community through the Community Foundation beyond the tax reasons, which may have been the original driver of the decisions to get involved.

“The social part of it and the community involvement part of it is even as rewarding, if not oftentimes more rewarding, than just a technical legal reason,” he said.

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The Community Foundation for Palm Beach and Martin Counties, Inc., strengthens our communities by leading philanthropy and solutions through our direct work in partnership with donors, nonprofits and the community. Our 501(c)3 nonprofit Foundation is the foremost resource for convening partners to elevate people, improve lives and make our community a better place to live.

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