Establishing Residency for Instate tuition?

thumper1
Fri, 16 May 2008 17:42:34 +0000

we filed tax joinly in NJ under his apt address since he paid tax in NJ more than what I paid in NY. >>




Are you saying that you filed your federal income taxes using the NJ address? I am mighty confused.

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.

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.

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.

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

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.

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