The main difference between residence and domicile is that residence is a place where you can reside full-time or part-time, while domicile is your true, permanent home and legal address.
The two terms residence and domicile refer to places where you live. You can have more than one residence, but you can only have one domicile. In other words, residence can be either temporary or permanent, whereas domicile is always permanent.
Key Areas Covered
1. What is a Residence
– Definition, Features, Legal Importance
2. What is a Domicile
– Definition, Features, Legal Importance
3. Relationship Between Residence and Domicile
– Outline of Common Features
4. Difference Between Residence and Domicile
– Comparison of Key Differences
Key Terms
Domicile, Home, Residence
What is a Residence
A residence is a home or dwelling where you can reside. You can have more than one residence. It can be a place where you live permanently or temporarily. For example, you may have residences in both France and Australia, and you might live in both locations for some months of the year. In this case, both are your residences.
Moreover, in some countries, if a person lives there for at least 183 days per tax year or frequently visits the country with the intention to reside there, he or she will be considered a resident, at least for tax purposes. When you gain residency in a country, you have a legal right to work, travel, and live in that country. You also have the right to study or establish a business in your country of residence.
What is a Domicile
A domicile is a place where you maintain your permanent home. For example, your country of domicile is the country where you permanently reside in. When you plan to remain in a place indefinitely, this makes it your domicile. This also makes you the place’s domiciliary. Even if you currently reside somewhere else, but intends to return home, then this place is your domicile. Although you own multiple houses, only one can be your domicile.
Domicile is a legal concept. In fact, your domicile is your legal address. Therefore, the domiciliary status subjects people to specific laws. It can be used to determine where you pay taxes, claim benefits, file lawsuits, vote, and oblige governmental authority. For example, in a divorce case, your legal domicile will help inform the courts about alimony payment and child support. Moreover, determining where a party has its domicile is especially helpful in the field of civil procedure.
There are a few different types of domiciles in law. These mainly include domicile of origin, domicile of dependence, and domicile of choice. This is because your domicile can change over time. For example, you can move overseas and relinquish your domicile of origin and adopt a new domicile of choice.
Relationship Between Residence and Domicile
- The two terms residence and domicile refer to a place where you can live.
- Your domicile can be your residence, but your residence might not be your domicile.
- Both are important for your tax and legal status.
Difference Between Residence and Domicile
Definition
A residence is any place where you live or own, while domicile is your true and permanent home and your legal address.
Number
You can have one or more residences, but you can only have one domicile.
Temporary vs Permanent
Residence can be either temporary or permanent, whereas domicile is permanent.
Conclusion
Both terms residence and domicile refer to a place where you can live. The main difference between residence and domicile is that a residence is any place where you live or own, while domicile is your true and permanent home and your legal address. In other words, residence can be either temporary or permanent, whereas domicile is permanent.
Reference:
1. “Domicile.” Glossary. Lexisnexis.co.uk
Image Courtesy:
1. “House” (CC0) via Pixabay
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