US citizen, paying Cali state tax?

<p>Hello CC!</p>

<p>I'm a US citizen currently studying in India for the past 4 years. My father is paying Federal and California taxes.</p>

<p>Will I be charged in state, or out of state fees? </p>

<p>Thank you so much.</p>

<p>Do you mean for this fall, or some time in the future? The deadline for residency determination for some California schools has already passed (1 May for Berkeley, e.g.)</p>

<p>I’m talking about for fall of 2014.</p>

<p>And is the residency determined by my tax status? </p>

<p>Thanks for the reply. </p>

<p>Sent from my Galaxy Nexus using Tapatalk 4 Beta</p>

<p>Usually paying taxes is not enough. </p>

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<p>The rules also vary by school, although the UCs all seem to be pretty similar.</p>

<p>You will need to carefully read the rules for the schools that interest you.</p>

<p>Where are your parents living? </p>

<p>If your dad is living elsewhere, is he actually paying Calif tax or is he just filing a tax form?</p>

<p>Yeah he’s filing for taxes. </p>

<p>Sent from my Galaxy Nexus using Tapatalk 4 Beta</p>

<p>That doesn’t really answer the questions.</p>

<p>Where do your parents live?</p>

<p>Is your dad actually PAYING taxes or is he just filing tax forms while living out of the country and not actually paying anything?</p>

<p>SahilC -</p>

<p>Usually, a student’s custodial parent must be living in a given state in order for the student to qualify for in-state tuition and fees. However, in some limited cases the possibility of an override can be possible. You need to find out if your situation qualifies for an override in CA, and the only way to find out is to ask.</p>

<p>This means that you need to contact each of the CA publics that you are interested in, present your full situation, and ask whether you will qualify for in-state tuition and fees. Make sure to include everything. Does your family own property in CA? Is your family paying property tax in CA? Is your family filing and paying CA state income tax? Is your family filing and paying federal income tax? Are both of your parents currently living outside the US, and if so why (military assignment, diplomatic assignment, corporate transfer from a company based in the US, religious worker on international assignment, foreign national/dual citizens hired locally, etc.)?</p>

<p>@mom2 - sorry about that. Yeah he’s filing, but we’re paying 0 because our international income is below taxable limit. But we still file for federal and state tax. Thanks! </p>

<p>@happymom - thanks so much. That makes sense. I’ll do that right away! Thanks as usual! </p>

<p>Sent from my Galaxy Nexus using Tapatalk 4 Beta</p>

<p>I have heard of some cases where people are living or working abroad, but still maintain a state residency, usually this means any income earned abroad is NOT exempt from US taxes. So, if your Dad is a CA resident, with CA bank, CA voter registration, CA driver’s license, and is currently paying CA state income taxes, then they may waive the
no longer than 6 weeks out of the state" issue. But if he is claiming foreign income to be exempt, then I think he may be declaring himself a resident of the other country? You should download the residency form and then call the registrar and ask to speak to someone who handles the complex cases. Just ask them if there is any situation where you would be considered a resident either for admissions or for tuition- these could even go by different rules at some schools.</p>

<p>The one thing…this poster will NOT have graduated from a CA high school. This will be the first trigger for non-resident status. Second…his and parents permanent address is currently not in CA. </p>

<p>He needs to check the residency requirements for expatriates very carefully. We have family members who owned property in a state…didn’t matter. Their kids were NOT considered residents of THAT state…or any other for that matter. The reality was their residence was NOT in any of the states.</p>

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<p>This requirement (graduating from a California high school) does not apply to California residents. If the students’ parents are, in fact, California residents, then whether or not this student graduated from high school there is irrelevant.</p>

<p>The family needs to be in CA for 366 days first: <a href=“UC Legal - Office of the General Counsel | UCOP”>UC Legal - Office of the General Counsel | UCOP</a></p>

<p>My father is paying Federal and California taxes.</p>

<p>This is why I asked that question. Your post was implying that you should get instate rates because you claimed that your parents were “paying” taxes. But, the truth is, they’re not paying ANY taxes. </p>

<p>I don’t think they qualify for residency in California. If they don’t, then that makes sense to me. Why should you get instate rates (subsidized by Calif taxPAYERS, when your family doesn’t pay ANY taxes in that state…not even sales tax, gas taxes, any taxes. At least the poor living in Calif pay sales, gas, property taxes, etc.</p>

<p>*heard of some cases where people are living or working abroad, but still maintain a state residency, usually this means any income earned abroad is NOT exempt from US taxes. *</p>

<p>Exactly. Those are folks that may be living abroad for a year or two for business purposes or even gov’t business.</p>

<p>This student’s family does not reside in California and hasn’t done so for over four years. They are residing overseas someplace.</p>

<p>right. </p>

<p>the thread is misleading. In the title and in the first post, the student says that his parents are “paying” Calif taxes. They’re paying zilch.</p>

<p>He said he is “currently studying in India for the past 4 years.” He didn’t say where his family lived before that . If they were California residents and did not intend to permanently relocate to India – then its possible that they could still be residents. </p>

<p>Look at page 21 of the document that Erin’s Dad posted. The 366-day rule is for people who have moved into California directly before seeking residency status. It is different when an existing California resident is “temporarily absent” from the state:</p>

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<p>So it really depends on family circumstances – and the reason they are in India. If, for example, the father is a Californian employed by a California corporation, but assigned to work managing that company’s factory or call center in India – it is quite possible that he could be doing all the things that would demonstrate an intent to maintain California residency. Certainly if he submitting taxes as a “Resident” that would be one factor. If he is still registered to vote in California, if the family still owns a home in California, if they put their furniture in storage in California when they took off for India – all of those would be factors to document California residency.</p>

<p>To SahilC: the answer is we don’t know – you will have to submit paperwork to document resident status if you are admitted to any California university, and you may not be able to get clear cut answers until after you are admitted. So you need to go straight to the source and talk to the registrar’s office for the universities you are interested in to get information. The list above should be a good starting point as to what sort of documentation you need to assemble.</p>

<p>The family has been living in India and the student is in a high school there.</p>

<p>It sounds like the family is filing taxes in California although they have not been living there for several years. </p>

<p>It does not sound like they own any property? Would that change residency status in a positive way for someone living abroad if they owned property?</p>

<p>The “temporary absence” stuff is for students who are already in school as residents. It will not help this student.</p>

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It doesn’t matter whether they are “paying” or not – if they are filing a California Resident return, that is one manifestion of intent to maintain California residency. If you combine that with other factors, then they may qualify as continuing residents. (It’s hard to imagine why someone who intended to permanently locate to another state or country would file a California Resident return, outside of the context of trying to maintain residency for tuition purposes.)</p>