Residency Migration Reference
Moving from Illinois to New Hampshire: Residency, Taxes, and What to Prove
The top income tax rate drops from 4.95% (flat) in Illinois to 0% in New Hampshire. Establishing New Hampshire residency correctly is what protects that benefit.
Residency Tests Side by Side
Neither Illinois nor New Hampshire relies on a simple statutory day-count threshold. Both apply a facts-and-circumstances or closest-connections style test, so day counting alone will not settle a residency question in either direction.
| Factor | Illinois | New Hampshire |
|---|---|---|
| Statutory Residency Test | Illinois has no statutory residency test of the New York or Minnesota type: no bright-line day count and no permanent place of abode prong. 35 ILCS 5/1501(a)(20)(A) defines a resident as an individual '(i) who is in this State for other than a temporary or transitory purpose during the taxable year; or (ii) who is domiciled in this State but is absent from the State for a temporary or transitory purpose during the taxable year.' Those are the only two routes to Illinois residency for an individual. Cain v. Hamer, 2012 IL App (1st) 112833, shows how far that departure from a day count runs: snowbird retirees who spent 1,666 days in Illinois against 1,700 in Florida across 1996 through 2004, an average well above 183 Illinois days a year, were held not to be Illinois residents. Day counts matter in Illinois as evidence of purpose and as inputs to the administrative presumptions, not as a threshold that decides residency by itself. | New Hampshire has no day-count statutory residency test for income tax purposes, because it has no individual income tax to trigger one. 'Resident or inhabitant' is instead defined for general legal purposes (voting, jury duty, in-state tuition, and similar) under RSA 21:6 and RSA 21:6-a: a person domiciled or having a place of abode in New Hampshire whose actions demonstrate a current intent to make that place their principal place of physical presence to the exclusion of all others. |
| Domicile Test | Illinois follows the traditional common-law domicile standard under 86 Ill. Adm. Code 100.3020: domicile is the place a person intends as their true, fixed, permanent home, and to which they intend to return whenever absent. A person can have only one domicile at a time, and it continues until a new one is established through both physical presence in the new location and demonstrated intent to abandon Illinois as the permanent home. The Department of Revenue looks at where a person votes, holds a driver's license and registers vehicles, banks, keeps professional relationships (doctor, lawyer, accountant), works, houses family, and belongs to clubs or religious institutions; no single factor controls. | Under RSA 21:6-a, 'residence or residency shall mean a person's place of abode or domicile... designated by a person as his or her principal place of physical presence to the exclusion of all others,' and that status 'shall not be interrupted or lost by a temporary absence... if there is an intent to return.' RSA 21:6 adds that the person must have, 'through all of his or her actions, demonstrated a current intent' to treat that place of abode as their principal residence, an actions-based test rather than a pure declaration of intent. |
| Day Count Threshold | No fixed threshold | No fixed threshold |
| Any Part of a Day Rule | Not applicable in the statutory sense, because Illinois has no day-count threshold for an individual to cross. There is no any-part-of-a-day rule to apply. Days still get counted in Illinois practice, both because 86 Ill. Adm. Code 100.3020(f) presumes residency above nine months in the aggregate and presumes continued residency where an individual is present in Illinois more days than in any other state, and because the Department of Revenue's audit division reconstructs presence from credit card, toll, and travel records to test whether time in Illinois was temporary or transitory. | Not applicable. New Hampshire runs no day-count residency test of its own for tax purposes; day counts only matter when a former New Hampshire resident is being evaluated under another state's own statutory-residency rule. |
| Presumptions | 86 Ill. Adm. Code 100.3020(f) supplies four rebuttable presumptions in place of a statutory day test. An individual who spends in the aggregate more than nine months of any taxable year in Illinois is presumed to be a resident. An individual absent from Illinois for one year or more is presumed to be a nonresident. An individual receiving a homestead exemption on Illinois property under 35 ILCS 200/15-175 is presumed to be an Illinois resident. And an Illinois resident in one year is presumed to be a resident the following year 'if he or she is present in Illinois more days than he or she is present in any other state.' The presumptions 'are not conclusive and may be overcome by clear and convincing evidence to the contrary,' with the rule listing acceptable rebuttal evidence including location of spouse and dependents, voter and vehicle registration, driver's license, filing a resident return elsewhere, home ownership or rental agreements, the permanent or temporary nature of work assignments, location of professional licenses, location of medical providers, accountants and attorneys, club memberships and participation, and telephone or other utility usage over a duration of time. | None published |
| Safe Harbors | None published | None published |
Leaving Illinois
Illinois is not in the top tier of aggressive exit-audit states the way New York or California are, but the Department of Revenue does examine departing high earners, especially where a large capital gain or business sale occurred near the claimed move date, or where the taxpayer kept an Illinois home, spouse, or business presence after claiming nonresidency. Auditors reconstruct day counts using credit card statements, toll records, airline records, and utility usage, and they cross-check the General Homestead Exemption against a claimed out-of-state domicile.
Trailing Income
Illinois does not have a convenience-of-the-employer rule, so a former resident who telecommutes for an Illinois employer from another state generally is not taxed by Illinois on those wages solely because the employer is based in Illinois; sourcing follows where the work is actually performed. Illinois does tax nonresident income that is Illinois-source, including compensation for services actually performed in Illinois, gain on the sale of Illinois real property, and a departing resident's share of Illinois business income allocated under the state's apportionment rules for the period they were still a resident or doing business in the state.
Part-Year Filing
Form IL-1040 together with Schedule NR, Nonresident and Part-Year Resident Computation of Illinois Tax, is used for the year someone moves into or out of Illinois. Schedule NR allocates income between the Illinois-resident portion of the year and the nonresident portion, and computes an Illinois tax based only on Illinois-source and Illinois-period income.
Enforcement Methods
Common Exit Mistakes
Establishing New Hampshire Residency
| Action | Agency | Deadline |
|---|---|---|
| Get a New Hampshire driver's license | NH Division of Motor Vehicles (DMV) | within 60 days of establishing residency |
| Register vehicles | NH DMV / municipal clerk | within 60 days of establishing residency (NH RSA 261:45 and 263:35) |
| Register to vote (same-day registration available) | NH Secretary of State / town or city clerk | no advance deadline; you can register and vote on Election Day itself with proof of domicile |
Declaration of Domicile
New Hampshire has no formal declaration-of-domicile filing. Domicile/residence under RSA 21:6-a is established through conduct and documentation: a New Hampshire driver's license, vehicle registration, and voter registration all showing your New Hampshire address, each of which is explicitly accepted as domicile proof when you register to vote.
Homestead
New Hampshire has no broad homestead property-tax exemption comparable to Florida's or Maine's. It does provide the narrowly targeted Low & Moderate Income Homeowners Property Tax Relief program (RSA 198:57), which refunds a portion of the State Education Property Tax for owner-occupants with AGI at or below roughly $20,000 (single) or $40,000 (married/head of household), and separate age-based elderly exemptions set by individual towns. Neither functions as general domicile evidence the way a Florida or North Dakota homestead credit does.
Voter Registration
New Hampshire allows same-day registration: register in advance at your town or city clerk's office, or simply show up at the polls on Election Day with proof of identity, age, citizenship, and domicile (a NH driver's license, non-driver photo ID, or vehicle registration showing your domicile address all qualify). https://www.doj.nh.gov/bureaus/election-law-unit/establishing-domicileresidence-new-hampshire
Vehicle Registration Deadline
60 days
New Resident Tax Traps
There is effectively no individual income-tax trap on the way in, since New Hampshire taxes none of it. The real trap is the opposite of most states: New Hampshire's high property tax (roughly 2.1% average effective rate, the highest in New England) can offset a large share of the income-tax savings that drew someone here from Massachusetts, and anyone who continues working for a Massachusetts employer needs to separately confirm Massachusetts is no longer sourcing their wages.
What Changes on Tax
Illinois Top Rate
4.95% (flat)
New Hampshire Top Rate
0%
Moving from Illinois to New Hampshire drops the top marginal income tax rate from about 4.95% to about 0%, a reduction of roughly 4.95 percentage points.
Withholding Reciprocity
Illinois and New Hampshire do not have a wage-withholding reciprocity agreement with each other, so this move follows ordinary source-state and resident-state filing rules rather than a reciprocity exception.
Community Property Transition
Illinois and New Hampshire both use common law, equitable-distribution marital property rules, so no community property transition applies to this move.
Beyond Income Tax
Illinois
Capital gains: No preferential rate. Capital gains are taxed as ordinary income at the same 4.95% flat rate as wages.
Estate or inheritance tax: Illinois has an estate tax with a $4 million exemption per estate that is not indexed for inflation and is not portable between spouses. Rates are graduated from roughly 0.8% up to 16% on the amount above the exemption. There is no separate inheritance tax.
Property tax: Illinois has the highest statewide effective property tax rate in the country, around 1.92% of home value, more than double the national median. The General Homestead Exemption reduces the taxable assessed value of an owner-occupied principal residence by up to $10,000 in Cook County, $8,000 in counties bordering Cook, and $6,000 elsewhere.
Sales tax: State base rate is 6.25%, but local home-rule and county taxes push combined rates as high as 11.5% in parts of Cook, Kane, and Warren counties; the effective statewide average is closer to 8.9%.
New Hampshire
Capital gains: Not taxed at the individual level. With the Interest and Dividends Tax gone, New Hampshire has no mechanism left to tax an individual's capital gains, interest, or dividend income; only the state's business taxes (Business Profits Tax, Business Enterprise Tax) reach investment-type income earned through a business entity.
Estate or inheritance tax: None. New Hampshire has no estate tax and no inheritance tax; only the federal estate tax can apply to a New Hampshire domiciliary's estate above the federal exemption.
Property tax: New Hampshire funds most local and school services through property tax in the absence of income or sales tax, producing the highest average effective property tax rate in New England, commonly cited around 2.1% of home value. There is no broad homestead exemption; the state instead runs a targeted Low & Moderate Income Homeowners Property Tax Relief program (RSA 198:57) for the State Education Property Tax portion only, capped at roughly $20,000 AGI (single) or $40,000 (married/head of household).
Sales tax: None. New Hampshire has no general state or local sales tax, a major draw for cross-border shoppers from Massachusetts and Maine.
Who This Move Applies To
Travel Nurses
In Illinois
Illinois has no statutory day-count test to trip, so a travel nurse not domiciled in Illinois does not become an Illinois resident merely by crossing a day threshold on a long assignment. What creates exposure instead is the temporary or transitory question and the 100.3020(f) presumptions: an assignment structured as a series of renewals that keeps a nurse in Illinois more than nine months of a year, or more days than in any other state, supports a presumption of residency that must be rebutted by clear and convincing evidence, and the permanent or temporary nature of the work assignment is named in the rule as relevant evidence. The more common Illinois exposure is the reverse pattern, where a nurse claims a Florida or Texas tax home but actually lives in and pays Illinois-area rent for most of the year; Illinois-source wages for days actually worked in Illinois are taxable to any nonresident nurse regardless of claimed tax home.
In New Hampshire
New Hampshire has no state income tax to complicate a travel nurse's tax-home analysis, which makes it an attractive tax-home state to claim, similar to Florida or Texas, provided the nurse genuinely maintains and returns to a New Hampshire home between assignments under the general IRS tax-home rules (Publication 463). New Hampshire itself publishes no nurse-specific guidance because it has no individual filing requirement to trigger one.
Professional Athletes
In Illinois
Illinois taxes nonresident professional athletes on a duty-day basis: Illinois-source income equals total compensation multiplied by the ratio of duty days in Illinois (games, practices, mandatory team functions) to total duty days for the season; mere travel through Illinois without a game or team event does not create a duty day. This applies to visiting teams playing the Bears, Bulls, Blackhawks, White Sox, and Cubs, and Illinois is regarded by practitioners as an aggressive, well-enforced jock-tax state that historically extended the tax reciprocally to any state that taxed Illinois-based athletes.
In New Hampshire
New Hampshire has no major professional sports franchises, so it runs no state jock-tax regime of its own, and because it has no income tax, a New Hampshire-domiciled athlete owes zero state tax on the share of income attributable to New Hampshire duty days, unlike a player based in a state that both taxes and credits.
Snowbirds, Long Visitors, and RVers
In Illinois
The Illinois snowbird risk runs entirely through the 100.3020(f) presumptions, not through a day threshold. A retiree who keeps the Illinois house and spends more than nine months there risks the nine-month presumption of residency, and a former Illinois resident is presumed to still be one in the following year if present in Illinois more days than in any other state, which is a comparison a snowbird splitting a year can lose well short of any traditional threshold. The favorable counterweight is Cain v. Hamer, 2012 IL App (1st) 112833, where retirees who split time nearly evenly (1,666 Illinois days against 1,700 Florida days across 1996 through 2004) were held nonresidents, with the court weighing nexus evidence such as Florida licenses, voter registration, a Florida declaration of domicile, club spending, and credit card data showing 73% of expenditures and 61% of transactions outside Illinois. Illinois's General Homestead Exemption is a specific cross-check point if a person claims Florida domicile but keeps the Illinois exemption active.
In New Hampshire
New Hampshire places no day-count cap on long visitors of its own, since it has no statutory residency test. The exposure runs entirely the other way: someone who claims New Hampshire domicile to escape a high-tax origin state (most commonly Massachusetts) but still spends significant time and keeps a home in that origin state can be taxed there as a statutory resident regardless of the New Hampshire claim.
Remote Workers
In Illinois
Illinois has no convenience-of-the-employer rule. A nonresident who works remotely from another state for an Illinois-based employer is generally not taxed by Illinois on those wages, because Illinois sources employee compensation to where the services are physically performed, not to the employer's location. This makes Illinois meaningfully less sticky for remote workers than New York or a handful of other convenience-rule states.
In New Hampshire
New Hampshire has no convenience-of-the-employer rule (it has nothing to source, having no income tax). The real friction runs the other direction: a remote worker who moves to New Hampshire but keeps a Massachusetts-based employer needs to confirm Massachusetts is not still asserting Massachusetts-source treatment of the wages under its own COVID-era sourcing rules, which New Hampshire itself challenged (unsuccessfully, at the Supreme Court) on behalf of its residents in 2020-2021.
Military
In Illinois
Illinois follows the federal Servicemembers Civil Relief Act and Military Spouses Residency Relief Act. A servicemember whose home of record is Illinois remains an Illinois domiciliary for tax purposes regardless of duty station unless they take affirmative steps to change domicile, while a servicemember stationed in Illinois on orders, and their qualifying spouse, does not become an Illinois resident solely because of the posting, and military pay is not Illinois-source income for a nonresident servicemember stationed there.
In New Hampshire
New Hampshire follows the federal SCRA and MSRRA: a service member's home-of-record does not change solely because military orders station them in New Hampshire, and an accompanying spouse can generally elect the service member's domicile state under MSRRA. Because New Hampshire taxes no individual income, choosing it as home-of-record eliminates state income tax on military pay entirely.
Airline Crew
In Illinois
Federal law (49 U.S.C. §40116) limits states to taxing airline employee compensation only in the employee's state of residence and any state where more than 50% of pay is earned. This protects flight crew based at O'Hare or Midway who are domiciled outside Illinois from having their full compensation pulled into Illinois taxation solely because their duty station is in Illinois.
In New Hampshire
New Hampshire has no major hub airport for airline crew, but the federal carve-out (49 U.S.C. § 40116, taxing crew wages only in the state of residence or a state where over 50% of pay is earned) combined with New Hampshire's lack of any income tax makes it, like Florida and Texas, a common domicile choice for crew based at nearby Boston Logan who want to avoid Massachusetts income tax on their wages.
Tools for This Move
Illinois to New Hampshire FAQ
Does Illinois have a 183-day rule like New York or Minnesota?+
No. This is the single most common misconception about Illinois residency. 35 ILCS 5/1501(a)(20) contains no day-count threshold and no permanent place of abode prong; a resident is someone in Illinois for other than a temporary or transitory purpose, or an Illinois domiciliary absent for a temporary or transitory purpose. What Illinois has instead are the rebuttable presumptions in 86 Ill. Adm. Code 100.3020(f), including a presumption of residency above nine months in the aggregate and a presumption that a prior-year resident remains one if present in Illinois more days than in any other state. The practical difference is real in both directions: crossing 183 Illinois days does not by itself make you a resident, and staying under 183 does not by itself make you a nonresident.
Does New Hampshire still tax my interest and dividends?+
No. New Hampshire's Interest and Dividends Tax, which had applied a declining rate down to 3% by 2024, was fully repealed for tax periods beginning January 1, 2025, under House Bill 2. New Hampshire now has zero individual income tax of any kind, on wages, dividends, interest, or capital gains.
If I move to Florida but keep my Chicago condo, will Illinois still tax me?+
Keeping the condo does not by itself make you taxable, because Illinois has no permanent place of abode test that a retained condo could trigger. The risk runs through purpose and presumptions instead. If you spend more than nine months of the year in Illinois, or simply more days there than in any other state after a year as an Illinois resident, the Department gets a presumption of residency you can rebut only by clear and convincing evidence. Continuing to claim the General Homestead Exemption on the condo is worse than the condo itself, since that alone creates its own presumption of Illinois residency and is a cross-check Illinois auditors run directly against a claimed out-of-state domicile.
If I move to New Hampshire but keep working for my Massachusetts employer, will Massachusetts still tax my wages?+
Possibly, depending on how your employer sources the wages and how much you actually work from New Hampshire versus commuting into Massachusetts. New Hampshire itself sued Massachusetts over its pandemic-era rule taxing New Hampshire residents' wages as if earned in Massachusetts; the U.S. Supreme Court declined to hear the case in 2021, so the practical fight over sourcing happens on the Massachusetts side, not in New Hampshire, which has nothing to tax either way.
Does Illinois have a convenience-of-the-employer rule for remote workers?+
No. Illinois sources employee wages to where the work is physically performed, not to where the employer is headquartered. A nonresident who works remotely from another state for a Chicago-based employer generally is not taxed by Illinois on those wages, which is a meaningful difference from convenience-rule states like New York, and it means remote workers face less Illinois exposure after moving away than they might expect.
Do I need to file a New Hampshire tax return once I move here?+
No individual income tax return exists to file. If you own a sole proprietorship, partnership, or other pass-through business with New Hampshire activity, you may still owe the Business Profits Tax (7.5% on business profits) and Business Enterprise Tax, filed on Form NH-1040, but that is a business filing, not a personal residency filing.
How do I file my Illinois taxes for the year I move out of state?+
File Form IL-1040 together with Schedule NR, the Nonresident and Part-Year Resident Computation of Illinois Tax. Schedule NR splits your income between the period you were an Illinois resident, which is taxed in full, and the period after you became a nonresident, when only Illinois-source income is taxed. Skipping Schedule NR and simply filing as a full-year nonresident in your move year is a common and easily flagged mistake.
How can I prove I actually live in New Hampshire and not just claim it on paper?+
Because New Hampshire has no income tax audit process to satisfy, the proof that matters is whatever your former high-tax state (commonly Massachusetts) demands to disprove its own residency claim: a New Hampshire driver's license and vehicle registration, voter registration under RSA 21:6-a's domicile standard, a day-count log showing more time in New Hampshire than the old state, and evidence the New Hampshire home is your actual principal place of physical presence.
I work in Illinois but live in Wisconsin. Do I have to file two state returns?+
Illinois has reciprocity with Wisconsin, Iowa, Kentucky, and Michigan, so a Wisconsin resident working in Illinois generally does not owe Illinois tax on those wages and should not have Illinois tax withheld; instead, only Wisconsin taxes that income. If Illinois tax was withheld in error, you file for a refund from Illinois rather than claiming a credit, and you report the income on your Wisconsin return as usual.
Is New Hampshire property tax really that high if there's no income or sales tax?+
Yes. New Hampshire's average effective property tax rate runs around 2.1%, the highest in New England, because property tax funds most local and school services in the absence of income or sales tax revenue. For a high-value home, that can offset a meaningful share of the income-tax savings that motivated the move, especially for someone leaving a state with a moderate income tax rate.
Will keeping the homestead exemption on my Illinois house hurt me if I claim Florida residency?+
Yes, it's a direct contradiction auditors specifically look for. The General Homestead Exemption requires the property to be your owner-occupied principal residence as of January 1, so continuing to receive it while filing as an Illinois nonresident and claiming Florida domicile undercuts your own position. If you've genuinely moved, removing the exemption is one of the concrete steps that supports your new domicile claim.
How long do I have to get a New Hampshire driver's license and register my car after moving here?+
You have 60 days from establishing residency to do both, under RSA 261:45 and RSA 263:35. Most town clerk offices recommend registering the vehicle first and getting the license the same visit, since both can typically be handled together.
Planning the reverse move?
New Hampshire to Illinois
Moving the other direction is a different fact pattern, not a mirror image. Establishing Illinois residency has its own tests, deadlines, and audit posture.
Start with the Illinois residency guideAlso Consider, Leaving Illinois
Illinois to New Hampshire Reading
Reviewed Against 23 Primary Sources
ResidencyIQ organizes public residency research into a reviewable reference. It does not provide legal or tax advice. Consult a qualified professional before making a residency decision.
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