Establishing Residency for Instate tuition?

[thumper1]

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<p>my part-time income last year was only $7,500 (more than tuition), and my spouse worked in another state and filed tax return in that state (so, he can’t help me with the NY residency). >></p>
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<p>I honestly don’t know the answer to your question. BUT I will say…WHERE do you and your wife live? THAT is what matters for residency. Many folks work in neighboring states, or commute to other states and they file taxes there. BUT their state of residency is where they reside. My husband works in a neighboring state…he filed state taxes there only. WE (the whole family) are not residents of that state…we live HERE.</p>

[nkhieu00]

<p>Thanks for the prompt reply.
I’ve lived in NYC. My husband lived in NJ for his work there during weekdays only, and he comes back to NYC during weekend with me. But, we filed tax joinly in NJ under his apt address since he paid tax in NJ more than what I paid in NY. I know it’s complicated. However, I have resided in NYC for more than a year with sublet lease, and have NY Driver License and NY Voter Registration for more than 1 year too. Is that ok to be qualified? Please help.
Thanks again!</p>

[sybbie719]

<p>Each Cuny School requires the same thing as far as establishing residency</p>

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Establishing New York Residency for Tuition purposes</p>

<p>To qualify for New York City tuition rates, students must have completed one year of residency in New York City prior to the first day of classes, and must not be on a temporary visa–the student must be a U.S. citizen, permanent resident, refugee/Asylum granted (I-94 card) or in a non-immigrant status that qualifies for the resident rate.</p>

<p>How to apply for New York State Residency Status for Tuition Billing Purposes
**To show proof of residency submit a completed application and supporting documentation to the Admissions Office (S300). Please attach copies of your documentation and any additional information pertinent to our application. **Originals will not be accepted. All applications and supporting documentation must be submitted prior to the last day of the semester. No Residency forms will be accepted after the end of the semester for which the student is applying for a determination.

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<p>Supporting Documentation:</p>

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Supporting Documents</p>

<p>The following documentation must accompany your completed residency form. </p>

<p>You must submit one from the list below to prove one (1) year of New York City residency.</p>

<p>Lease, deed or rent registration form (used for rent stabilized apartments) signed by the landlord, which is either a public or private agency, and the student or parent of the student with the same surname. (Dates must cover the year in question).OR</p>

<p>Copies of the current Federal (1040) and State of New York (IT-201) tax returns and the corresponding W-2 form. Responses to Federal form 4506 and New York State form 4506 requesting Federal and State tax information is acceptable if the Federal and State governments acknowledge that the party in question has in fact filed a tax return form the address noted OR</p>

<p>Budget/Benefit letter from New York City Public Assistance with the student’s New York address covering the 12-month period immediately preceding the first day of classes and including the student’s name. OR</p>

<p>Benefits letter from Social Security with the student’s New York address covering the 12-month period immediately preceding the first day of semester and including the student’s names (only for students receiving Social Security benefits). </p>

<p>Plus two (2) of the following to prove six (6) months of New York City residency.</p>

<p>Homeowner’s or renter’s insurance policy for the year in question</p>

<p>Automobile registration (for year in question)</p>

<p>Automobile insurance certificate (for year in question)</p>

<p>NYS “Non-Driver Photo ID” issued for identification purposes by the Department of Motor Vehicles or other official City, State, or Federal agency</p>

<p>Voter registration certificate or card</p>

<p>Twelve monthly telephone or utility bills or payment for services such as cable TV showing the student’s address covering a period of up to 12 months prior to first day of semester</p>

<p>Twelve monthly bank or credit card statements showing the student’s address covering a period of 12 months prior to first day of semester (dollar amounts may be blocked out)</p>

<p>Armed forces identification card DD Form 2A (green)</p>

<p>Attendance of a juror in New York State</p>

<p>Apartment lease signed by the landlord (who is an individual and is not a public or private agency) and the student. If the student’s name does not appear on the lease, an Alternate Lease Statement must be completed and notarized by both the person whose name appears on the lease/contract and the student. The person whose name appears on the lease/contract must also submit proof (i.e., lease. telephone, utility, or similar type bills) of residency at his/her current address for the previous 12 months.</p>

<p>Postmarked mail addressed to a student at a New York address (a P.O. Box is not acceptable)
Please submit copies of required forms of proof. Originals cannot be accepted. </p>

<p>In addition to the items indicated above, the College may at its discretion request additional documentation from a student, if it believes that an accurate residency determination may be rendered through additional documentation.</p>

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<p>[After</a> You’re Admitted | Residency Guidelines](<a href=“http://www.bmcc.cuny.edu/admissions/residency/]After”>http://www.bmcc.cuny.edu/admissions/residency/)</p>

[thumper1]

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<p>we filed tax joinly in NJ under his apt address since he paid tax in NJ more than what I paid in NY. >></p>
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<p>Are you saying that you filed your federal income taxes using the NJ address? I am mighty confused. </p>

<p>Like I said…DH works in a neighboring state. His income FAR exceeds mine…but we filed our federal income tax using our home address…which for us is here (not where he works). Oh…and we had to file his workstate’s income taxes as a non-resident. BUT we still had to file taxes in our home state…here…too.</p>

<p>It sounds like your state of residence (YOUR CHOICE) was NJ…that is the address you used for your federal income taxes. I’m unclear about the impact of this…but it seems that if your residence was NY State, you should have filed your federal income taxes using the NY address as your address, and filed NJ tax returns as a non-resident. AND then also filed NY tax returns as a resident.</p>

<p>It sounds like you found that filing NJ state taxes as a resident are less expensive than filing as a non-resident and also doing NY. BUT now you want NY residency. I’m not sure you can have it both ways…I read what Sybbie posted, and it isn’t clear which way you can go on this.</p>

<p>You might want to call the school and ask. Most schools have a very clear process for establishing residency. </p>

<p>My son’s school WANTED him to be an instate resident. (he isn’t). They asked if there was any chance he could produce a number of items (lease, driver’s license, voter registration…all done in Sept 2007). He couldn’t, but THEY gave HIM the list of items. Why don’t you call the school and see what they require.</p>

<p>If they require NY state resident income tax forms, you may be out of luck… but ask!!!</p>

[nkhieu00]

<p>Thanks again for your helps. I tried to call and ask, but got nothing. They said “just apply, and they will see.”
The fact is that when we file tax, we didn’t think about this issue. We lived separately during weekdays for work convenience. We file federal tax in NJ jointly, and NY state tax separately (NY non-resident for him, NY resident for me, but only $7,500). I was just wondering if my little income can prevent me from being accepted as NY resident for in-state tuition.
Now it comes up with another question: can I re-file tax return (amended form) and re-choose NY as the resident state?
Oops…it’s more complicated.</p>

[thumper1]

<p>nkhieu00, yours is a very complicated situation. You have questions regarding your tax filings and your financial aid status that, quite frankly, are a bit complicated. I would again suggest that you contact the college(s) to which you are considering applications. Remember that often the person answering the phone is simply that…someone answering the phone. Ask to speak to someone higher up…a finaid official or administrator.</p>

<p>Re: your taxes…talk to a tax professional before you do anything…that would be my suggestion.</p>

[drb]

<p>If a dependent student’s parents move to a different state during college, is the student a resident of the new state, even though he/she may never have actually lived there?</p>

[thumper1]

<p>drb..that depends on the state. Typically it takes a year to establish residency…so if the family moves, they would at least have to live in the new state for a year before residency is established. BUT in some states…if you are OOS when you matriculate, you remain that way until you graduate regardless of where your family lives. If you are instate for tuition purposes when you matriculate, you remain instate, regardless of where your parents live. BUT this varies by state. You need to check EACH STATE’S requirements. They sure do vary.</p>

[somemom]

<p>In CA, you remain a resident of CA as long as you are attending the state school with no stop outs, even if your parents move. It is interesting to consider for grad school, I think you can pick the new or the old state; but not both!! If you remain CA, you must actually have established residency there yourself as a student. You cannot use your parents address in their new state, you would file taxes, keep your CA DL, vote in CA, etc, actually BE a resident. OR you could choose the new state and change all that info over to the new location.
Your address on the tax return is a big part of it!</p>

[thumper1]

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<p>Your address on the tax return is a big part of it!>></p>
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<p>Bingo…is this true in all states? Because if that is the case, the OP filed federal income taxes using a NJ address. I don’t know…this question is way to complicated to get answered here. I think the OP should contact a tax professional and the college finaid office.</p>

[bluebayou]

<p>Unless parents move to Calif, for instate tuition at a UC, you must be financially independent, i.e.,. mom can’t be paying for school.</p>

[somemom]

<p>While we are on this topic, is there any reason why a married couple cannot each be a resident of a different state- for work reasons; and if so, if one of the states has no state income tax, can you just file jointly (federal) in the state with the income tax?</p>

[thumper1]

<p>Somemom…yours is a question for a tax expert. BUT I will say…residency is based on where you RESIDE…not where you work. DH works in a neighboring state, but he lives HERE. WE cannot file taxes using the neighboring state (he doesn’t have a residence there) even though their state taxes are lower. We have to file as residents of the place where we live (where our house is). We then file a non-resident tax return in the state in which DH works, and a resident state tax return for the state where we reside.</p>

<p>Now…I do know families who maintain two different residences in two different states for employment purposes. Their tax filing situation is very complicated, and they use a tax expert to assist them.</p>

[Soccer_Dad]

<p>Everything depends on the rules followed by the institution you will be attending. You just have to find out. Don’t take anything anyone tells you as gospel in this forum. Different states have different rules, and different universities of the same state may choose to interpret the same rules with varying degrees of laxity or rigidity.</p>

[thumper1]

<p>Soccer Dad is absolutely correct. That is why a number of us have been saying CALL THE SCHOOL.</p>