How is "in-state" determined?
How is "in-state" determined?
I've got a house in Kansas, and a lake condo in Missouri.
If my kid ends up going to a Missouri college in 4 years, what do I need to do to be an "in-state" resident? I'm already paying property taxes every year in Missouri...
If my kid ends up going to a Missouri college in 4 years, what do I need to do to be an "in-state" resident? I'm already paying property taxes every year in Missouri...
- Phineas J. Whoopee
- Posts: 9675
- Joined: Sun Dec 18, 2011 5:18 pm
Re: How is "in-state" determined?
Each state decides for itself, and they've become pretty skeptical. Ask MO.
Also, I suggest asking your offspring.
PJW
Also, I suggest asking your offspring.
PJW
Re: How is "in-state" determined?
Ah, found this.
If he does end up going to a college in Missouri, we will probably move to the lake condo anyway and semi-retire (I'll look for remote and/or part-time work).
Still, a bit confusing since they don't really explain "heavy weight" to those factors (like owning a home in the state).In determining resident status for the state of Missouri, either of the following shall be sufficient proof of domicile of a person and his/her unemancipated minor or dependent children within the state of Missouri: 1. Presence within the state of Missouri for a minimum of the twelve (12) immediate past, consecutive months coupled with proof of intent to make the state of Missouri a permanent home for an indefinite period; or 2. Presence within the state of Missouri for the purpose of retirement, full-time employment, full-time professional practice, or to conduct a business full-time coupled with proof of intent to make the state of Missouri a permanent home for an indefinite period. (D) In determining whether an adult, emancipated minor, or independent student, or the individual or individuals having legal custody of an unemancipated minor or dependent student, holds an intent to make the state of Missouri a permanent home for an indefinite period, the following factors, although not conclusive, shall be given heavy weight: continuous presence in the state of Missouri during those periods not enrolled as a student; presence within the state of Missouri upon marriage to a Missouri resident and the maintenance of a common domicile with the resident spouse; substantial reliance on sources within the state of Missouri for financial support; former domicile within the state
and maintenance of significant connections while absent; and ownership of a home within the state of Missouri. The twelve- (12-) month period of presence within the state, as stipulated in paragraph (9)(C)1. of this rule, in and of itself, does not establish resident status in the absence of the required proof of intent. (E) The following factors shall be given less weight than those in subsection (9)(D) and include: Voting or registration for voting; part-time employment; lease of living quarters; a statement of intention to establish a domicile in Missouri; automobile registration or operator’s license obtained in Missouri; and payment of income, personal, and property taxes in Missouri. The factors listed in this subsection have applicability only as they support the intent to make the state of Missouri a permanent home for an indefinite period.
If he does end up going to a college in Missouri, we will probably move to the lake condo anyway and semi-retire (I'll look for remote and/or part-time work).
Re: How is "in-state" determined?
This is similar to how it worked for me in a different state with ambiguous rules. I had to show intent to establish a post-student life. In addition to the 12 month period of living there, I:
1. Registered vehicles in that state
2. Obtained drivers license in that state
That was enough for me.
1. Registered vehicles in that state
2. Obtained drivers license in that state
That was enough for me.
Re: How is "in-state" determined?
Just went through this with our student in Florida. She is qualified. State law is usually very specific about who qualifies for in-state tuition rates or not. It's a big difference.
Try this web link for starters and do the research.
https://www.google.com/search?trackid=s ... or+college
Try this web link for starters and do the research.
https://www.google.com/search?trackid=s ... or+college
Re: How is "in-state" determined?
They've got a ton of questions. Like:
Where are you registered to vote?
Where is your driver's license issued?
Where is your primary home (based on homeowner's policy)?
Where do you work?
Where do you go to church?
What address do you use for federal taxes?
What address do you use for state taxes? What states do you file in?
What address is used on your W-2 or 1099's, or other tax forms?
What address is on your pay stubs?
Who issued your library cards?
Where are your credit card billings mailed to?
What bank handles your checking account? What address? What ATMs do you use?
What grocery stores do you shop at?
There's tons more of possible questions, you get the idea...
Where are you registered to vote?
Where is your driver's license issued?
Where is your primary home (based on homeowner's policy)?
Where do you work?
Where do you go to church?
What address do you use for federal taxes?
What address do you use for state taxes? What states do you file in?
What address is used on your W-2 or 1099's, or other tax forms?
What address is on your pay stubs?
Who issued your library cards?
Where are your credit card billings mailed to?
What bank handles your checking account? What address? What ATMs do you use?
What grocery stores do you shop at?
There's tons more of possible questions, you get the idea...
The closest helping hand is at the end of your own arm.
- Phineas J. Whoopee
- Posts: 9675
- Joined: Sun Dec 18, 2011 5:18 pm
Re: How is "in-state" determined?
Missouri ain't no fool. You can't pull the wool over their eyes. You need to show them, and the ambiguity you note means no.
Furthermore, the question isn't whether you are a resident. The question is whether your minor son is. Eighteen years old isn't a dependent minor. That's an adult.
I wouldn't count on fooling the State of Missouri.
You could, I suppose, unambiguously change your whole family's residence tomorrow, and register your son in a Missouri high school for the fall semester, in accord with Missouri law, but that wasn't one of the scenarios you mentioned.
If you want to fall back on a state's financial largesse you probably have to establish a stronger relationship with them than a house in Kansas and a lake condo in MO.
Has the son in question unambiguously expressed a preference for Missouri state schools, over Kansas state ones?
Over all other ones?
PJW
Furthermore, the question isn't whether you are a resident. The question is whether your minor son is. Eighteen years old isn't a dependent minor. That's an adult.
I wouldn't count on fooling the State of Missouri.
You could, I suppose, unambiguously change your whole family's residence tomorrow, and register your son in a Missouri high school for the fall semester, in accord with Missouri law, but that wasn't one of the scenarios you mentioned.
If you want to fall back on a state's financial largesse you probably have to establish a stronger relationship with them than a house in Kansas and a lake condo in MO.
Has the son in question unambiguously expressed a preference for Missouri state schools, over Kansas state ones?
Over all other ones?
PJW
Last edited by Phineas J. Whoopee on Thu Jun 30, 2016 9:06 pm, edited 1 time in total.
Re: How is "in-state" determined?
For our two children, who went to college in two different states where we owned property but were not living, the residency standard for both universities which they attended was the state in which their parents (us) file their state income taxes. Unfortunately that kept us paying non-resident tuition for 8 years. Both kids did all the things mentioned above (jobs, voter registration, driver's licenses, etc.), but in the end it was where we filed our taxes that mattered. Bright spot--now that our son is in grad school in the same state where he attended undergrad, he is now an in-state student.
- Phineas J. Whoopee
- Posts: 9675
- Joined: Sun Dec 18, 2011 5:18 pm
Re: How is "in-state" determined?
Both times I went to grad school at different flagship state universities and years apart (I finished my two graduate degrees), I was officially and financially out of state, even after I'd resided in them as an out-of-state grad student for longer than it would have taken a non-student to demonstrate residence, and regardless of establishing my life there.
State university systems aren't so blind as one might think, and especially not so today, long after I finished, with still less legislative financial appropriations.
My parents' domicile never entered into it. For that matter, not even as an undergrad did it make any difference.
An adult human being is an adult, regardless of whose offspring they are.
I am not complaining about being an adult.
PJW
State university systems aren't so blind as one might think, and especially not so today, long after I finished, with still less legislative financial appropriations.
My parents' domicile never entered into it. For that matter, not even as an undergrad did it make any difference.
An adult human being is an adult, regardless of whose offspring they are.
I am not complaining about being an adult.
PJW
Re: How is "in-state" determined?
Well, this is actually good news then... He could claim the lake condo as his primary residence, even while we still lived in the Kansas home. Instead of coming home to Kansas for summers, we'd meet him at the lakehouse.Phineas J. Whoopee wrote:My parents' domicile never entered into it. For that matter, not even as an undergrad did it make any difference.
An adult human being is an adult, regardless of whose offspring they are.
This would be better than quitting my good job in Kansas and looking for a job in Missouri.
All this is just conjecture. The kid just finished 8th grade, and college is far away. I just always assumed he'd go to a Kansas in-state school like his sisters... but after we bought the lake condo, I wondered if that gave us the option for in-state tuition in two different states.
- Phineas J. Whoopee
- Posts: 9675
- Joined: Sun Dec 18, 2011 5:18 pm
Re: How is "in-state" determined?
Yes, I quoted from that exact document higher up in the thread.Phineas J. Whoopee wrote:I did your job by looking it up for you. It's from the first link on Google. You're welcome.
PJW
But thanks.
I guess I was just wondering if anyone else had this same situation, and how it worked for them. I understand I'll have to talk to the particular state on their particular rules. That document is a bit vague, just saying "we give heavy weight to the following factors".
Re: How is "in-state" determined?
There is a condition known as a "dependent student", which means the parents resident status does matter, even if the child is a 19-year old adult.Phineas J. Whoopee wrote:An adult human being is an adult, regardless of whose offspring they are.