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USTaxAdvising
USTaxAdvising, CPA
Category: Tax
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Experience:  US Taxation specialist.
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I will be moving to a North Carolina from Pennsylvania for

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I will be moving to a North Carolina from Pennsylvania for employment next month. My son will be attending college in PA at that time. I do not want him to lose his in state status, as it will increase his tution and decrease his aid. Does he need to declare himself as indepentant now? Then, how do I file, as head of household, since he was still be under my support until the move and that is more than 6 months of the year?

Hello,

 

Does he need to declare himself as independent now? - from a U.S. federal income tax perspective he does not need to declare himself as independent (i.e. you cannot claim him as a dependent). Your son's state of residency has no effect on whether you can claim him as a dependent since he is a college/university student. Note that you will still pass the residency test of the dependency criteria as eduction is considered a temporary absence and his treated as if your son lived with you while he is attending school.

 

If you qualified as head of household before the move I don't see why you would not continue to be eligible for this filing status.

 

I trust this provides the clarity you were looking for, please let me know if you have any further questions.

 

Best regards,

 

 

 

 

Hi Carrie,

 

I note that you have provided a negative rating for my response. Please let me know where I can provide clarification to your question so that you receive the service you expected.

 

My goal is to ensure your question is addressed accurately and you understand the response.

 

Please let me know where I can assist further.

 

Best regards,

Customer: replied 4 years ago.
This does not answer my question. I am trying to keep my son as a resident of PA. If this means not claiming him on my taxes, then I will do that. He will lose the lower tuition rate as well as financial aid, if he is not a PA resident. He is not moving with me, as he will be moving to college and not leaving the state.

Sorry, I thought you were inquiring about the "dependency rules" and the head of household filing status.

 

In order to qualify for Penn State in state tuition see the following link - http://bulletins.psu.edu/bulletins/bluebook/general_information.cfm?section=Tuition2

I have also summarized the criteria below.

 

1. A student under the age of 21 is presumed to have the domicile of his/her parent(s) or legal guardian(s), unless the student has maintained continuous residence in the Commonwealth for other than educational purposes for a period of at least 12 months immediately prior to his/her initial enrollment at The Pennsylvania State University, and, the student continues to maintain such separate residence.

 

2. A student who has resided in the Commonwealth for other than educational purposes for at least a period of 12 months immediately preceding his/her initial enrollment at The Pennsylvania State University is presumed to have a Pennsylvania domicile.

 

3. A student who has not resided continually in Pennsylvania for a period of 12 months immediately preceding his/her initial enrollment at The Pennsylvania State University is presumed to have a non-Pennsylvania domicile.

 

4. A student requesting to be classified as a Pennsylvania resident for tuition purposes must be a citizen of the United States or a permanent resident. Permanent residents must have received the I-551 stamp approving their permanent resident status. An individual in a nonimmigrant status with the USCIS is not eligible for classification as a Pennsylvania resident for tuition purposes. Other extraordinary circumstances, which may qualify a student as a Pennsylvania resident for tuition purposes, will be considered on a case-by-case basis.

 

5. A United States government employee or member of the armed forces who was a resident of Pennsylvania immediately preceding his/her entry into government service and who has continuously maintained Pennsylvania as his/her domicile will be presumed to have a Pennsylvania domicile. Military personnel and their dependents who are assigned to an active duty station in Pennsylvania and who reside in Pennsylvania shall be charged in-state tuition rates.

 

6. A student receiving a scholarship, guaranteed loan, grant, or other form of financial assistance dependent upon residence in a state other than Pennsylvania is not a Pennsylvania resident for tuition purposes.

For further support see the link here http://www.bursar.psu.edu/faq.cfm

What is regarded as a "domicile" for determining residency classification?

Domicile is a person's existing and intended fixed, permanent, and principal place of residence.

 

This does not answer my question. I am trying to keep my son as a resident of PA. If this means not claiming him on my taxes, then I will do that. - your filing of federal and state income taxes is irrelevant to the determination of residency with respect to the in state tuition requirements of Pennsylvania.

 

Your son would still qualify for the in state tuition even though you are moving. The fact is that he still resides in Pennsylvania, the fact that you reside in a different state is irrelevant.

 

I hope this helps. Please let me know if something is not clear.

 

Best regards,

 

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