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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
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Experience:  15years with H & R Block. Divisional leader, Instructor
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Does a lifetime Florida resident attending college in North

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Does a lifetime Florida resident attending college in North Carolina, who had a brief part-time job tutoring at the NC college and earned $650, from which NC state income tax was withheld, but who also had substantial dividend and capital gains income from investments, have further tax liabilities on that dividend income in NC? NC seems to think so. During all four college years in NC, student's official residence was at parents' home in FL.
Submitted: 4 years ago.
Category: Tax
Expert:  Robin D. replied 4 years ago.

Hello and thank you for using Just Answer.

NC sees a resident as someone that has lived in the state for more than 183 days. If you were not listed as an Out of State student and paid the higher tuition amount then the state will classify you as a resident.

Out-of-state students make up for not paying in-state taxes by paying a higher tuition rate.

A nonresident is required to report income received from services performed in North Carolina or from tangible property located in this state.

 

You are a nonresident if you maintain your legal residence in another state or country even though you may temporarily reside in North Carolina. If you reside in North Carolina for more than 183 days of a tax year, you are presumed to be a resident for income tax purposes in the absence of factual proof of residence in another state.

If the amounts of unearned income were from NC sources then you are not allowed to subtract them from NC taxable income even as a NonResident. In other words, if your accounts are in NC then they are taxable to NC. If your investments and other unearned amounts are not from accounts in NC and you can provide proof that you are not a resident (Out of State tuition paid, address of parent's home provided on tax return, driver's license still in Florida, etc..) then you are allowed to not have those amounts taxable to NC. However, NC uses the federal income against the NC income to calculate your percentage to use for deductions and exemption amounts.

I sincerely XXXXX XXXXX information is helpful,

Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7363
Experience: 15years with H & R Block. Divisional leader, Instructor
Robin D. and 2 other Tax Specialists are ready to help you

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