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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 16407
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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I am a flight attendant. My husband and family live in Colorado.

Resolved Question:

I am a flight attendant. My husband and family live in Colorado. I have relocated to AZ and registered to vote, registered my car, and have an AZ drivers license. My son is a new freshman at Univ of AZ, and we applied for in-state tuition based on my domicile. My son got an AZ drivers license and registered to vote prior to the "deadline" for these things (Sept 3). He just received a rejection for our application with the generic reason: "Your evidence and actions taken are not consistent with the Board of Regents Policy regarding tuition classification." I called the guy whose name was on the rejection letter and was told that domicile means that I have to have cut ALL ties to Colorado (residential real estate ownership, bank accounts, etc). So my question is: beyond a lease agreement (which I provided and he said looked "suspicious"), HOW does a flight attendant (who is rarely NOT away) prove "permanent home and place of habitation"? And how is it determined where I intend to remain or return? This just seems like a blanket "no" that is given regardless of evidence/documentation provided. (I provided a lease agreement, letter of employment---which he said also looked "suspicious"?, AZ drivers license, voters registration, library card). Note: I am Denver-based crew; however, MOST crew members commute. Is there some way to seriously dispute this? The rejection notice said that you may appeal by providing a written statement of all the facts relative to the matter----but I've already done this and have no idea HOW to "prove" my "intentions". Is there someone who "specializes" in this? The difference between in-state and out-of-state is pretty significant!
Submitted: 1 year ago.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 1 year ago.

WALLSTREETLAW :

Hello I am a licensed attorney. I am here to help answer your questions. Please do not hesitate to ask for clarification

WALLSTREETLAW :

How long have you lived in AZ?

WALLSTREETLAW :

Did you file a recent AZ tax return?

Customer:

My lease agreement begins 10/2012.

Customer:

We haven't filed a 2012 return yet (extension).

Customer:

My income was considered TX from July-Dec 2012 because I had a direct-deposit into TX acct (my parents live there and I have been helping out w/ care and wanted a local bank).

Customer:

in 2012, Jan-July my income was considered Colorado (which is where I have lived since 2000)

Customer:

My son is a dependent and we claim him as one on our return....just haven't done the 2012 one yet.

Customer:

I just feel like I'm getting some generic "no" and wonder if there really IS no recourse?

WALLSTREETLAW :

Under U of AZ residency law

WALLSTREETLAW :

2. REQUIREMENTS FOR RESIDENT STATUS


a) The general rule is that in order to obtain resident status for tuition purposes, a student must establish his or her domicile in Arizona at least one year immediately prior to the last day of regular registration for the semester in which the student proposes to attend the university. Arizona domicile occurs when a financially independent person is physically present in Arizona with the intention of making Arizona his or her permanent home.

WALLSTREETLAW :

It seems the 12 months requirement is the main issue,

Customer:

if you read down to this:

Customer:

e) There are certain exceptions to the general rule. A student may also be eligible for resident status if he or she can establish that, on or before the last day of regular registration, he or she meets one of the following criteria:


i. DEPENDENT The student is domiciled in Arizona and has not met the one year durational requirement, but the student’s parent(s) are domiciled in this state and are entitled to claim him or her as a dependent for state and federal tax purposes


 

Customer:

it would seem that my "domicile" simply must be "in state"....or am I just mis-reading this?

Customer:

when I go to the definition on maricopa county, this is their definition of domicile:

Customer:

Domicile" means a person's true, fixed and permanent home and place of habitation. It is the place where he intends to remain and to which he expects to return when he leaves without intending to establish a new domicile elsewhere.

WALLSTREETLAW :

The exception may apply, however if you did not have the AZ tax returns it would be difficult to prove domicile,

Customer:

this just seems a little subjective, don't you think....

WALLSTREETLAW :

This is a common issue,

WALLSTREETLAW :

I would file a late or amended tax return,

WALLSTREETLAW :

and claim him as a dependant,

WALLSTREETLAW :

and file the appeal with the tax return information as evidence of domicile at the time of registration,

Customer:

I won't have AZ income until 2013 anyway, because my w-2 for work has my address in TX (or does that matter?)

Customer:

My accountant is great----would she be within the law to put it as AZ income from 10/12 even though the w-2 has TX?

WALLSTREETLAW :

yes,

WALLSTREETLAW :

if you actually lived in AZ,

WALLSTREETLAW :

in 2012, the income should be taxed in AZ as that would be your place of residence,

WALLSTREETLAW :

and that would help you obtain and establish residenc

WALLSTREETLAW :

residency

Customer:

Even though I didn't have an AZ drivers license at that time or an AZ bank acct? I didn't get those until 2013 (because I didn't realize that I needed them---my son was planning on going to University of CO

WALLSTREETLAW :

yes, but you have to establish you lived in AZ,

WALLSTREETLAW :

I would discuss the issue of paying and filing an AZ tax return,

WALLSTREETLAW :

as you were a resident in AZ,

WALLSTREETLAW :

if you cannot claim this for 2012,

WALLSTREETLAW :

you would have to wait till next year to have your son be declared a resident

Customer:

wouldn't you think a lease agreement should suffice to establish I lived there? He said my documentation looked "suspicious" which just sounded ridiculous---like he was going to reject me no matter what.

Customer:

He said my son would have to prove total independence from us to be able to apply for it---which is not possible (he's a freshman in college....he can barely do anything independently)

WALLSTREETLAW :

a lease is not an official document, a tax return is usually required and would be the most significant form to establish residency

Customer:

OK, I don't need to amend, since we havent filed one yet.It just feels like no matter WHAT we provide, they are the ones making the call.....and they have no incentive to say "yes"

Customer:

Is there anything else we can provide in addition to what I have already?

WALLSTREETLAW :

It seems you have provided a significant amount already, your best option is to discuss the matter with your accountant, and see if she can file an AZ return, when you lived in the State in 2012

WALLSTREETLAW :

That would be the best evidence, and most likely what they want to see

Customer:

OK, I will. I just don't know how to prove anything is my "permanent home and place of habitation"----because I am still married and my husband and daughter still live in Colorado and I am there frequently when I'm not flying.

WALLSTREETLAW :

tax returns is key,

Customer:

What about this "cut all ties" thing? I simply cannot do that to their satisfaction if that is truly the letter of the law as the guy said. IS that true???

Customer:

Because I also own property in TX and have a bank acct there as well....it just makes no sens.

WALLSTREETLAW :

the only other option is to have him declare as financially independent,

WALLSTREETLAW :

and not claim him as a dependant,

WALLSTREETLAW :

however that will be difficult as you cannot claim any deduction for him,

Customer:

My income isn't so high that I actually NEED a deduction for him :)

Customer:

But we (his father and me) are not paying for his college---it is covered by a college plan set up by his grandparents.

Customer:

So we don't think we'll be able to claim his a dependent going forward...

WALLSTREETLAW :

that may be an option,

WALLSTREETLAW :

however, I would first explore trying to declare last years income as AZ income as you were a resident of AZ in 2012,

WALLSTREETLAW :

the place of direct deposit should not be the determinative factor,

Customer:

OK, good! So even though it went to a TX acct---it can be claimed as AZ income (from Oct-Dec).

Customer:

I will try that----thanks! Any other ideas???

WALLSTREETLAW :

not at this point, make sure you have a AZ bank account as well,

Customer:

I am just concerned by their definition of domicile being a place where I intend to remain and expect to return----because my husband is staying in Colorado and we have no intention of divorcing or splitting up our property

Customer:

Yes, I have an AZ bank acct.

WALLSTREETLAW :

that is difficult,

WALLSTREETLAW :

you may have to file a separate return, so you do not show the fathers residence,

Customer:

good idea. glad we filed the extension!

WALLSTREETLAW :

your accountant should help you with this,

WALLSTREETLAW :

Good luck, and if you have any further questions please do not hesitate to ask.

WALLSTREETLAW :

If satisfied please provide us with positive feedback, thank you

Customer:

thank you so much!!! can I get a copy of this?

Customer:

yes, I'll give good feedback!

WALLSTREETLAW :

yes, it will be emailed to you,

WALLSTREETLAW :

thank you

Customer:

GREAT!

WALLSTREETLAW :

Good luck

WALLSTREETLAW :

if you have any further questions please do not hesitate to ask.

WALLSTREETLAW :

Once you provide positive feedback, I can send the chat through email,

WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 16407
Experience: 14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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WALLSTREETFIGHTER
WALLSTREETFIGHTER
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14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney