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Author: JAFO31 Big gold star, 5000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 8174  
Subject: Re: split residency Date: 12/12/2012 5:31 PM
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PSUEngineer:

<<<The domicile of an unemancipated minor or dependent student 18 years or older may be [1] the domicile of the parent with whom the student resides or [2] the parent who, for the previous and present year, has claimed the student as a dependent for Federal and Virginia income tax purposes.">>>

"Good post."

Thanks.

"I do have a small quibble. I would suggest looking at the Virginia Code instead of College Board Guide to State Residency Requirements."

No problem; I agree, and that is why I list my sources. I have the College Board Guide bookmarked and do not have bookmarks for the relevant law of each of the 50 states.

"In the Virginia Code, it says:
----
For the purposes of this section, the domicile of an unemancipated minor or a dependent student 18 years of age or older may be either the domicile of the parent with whom he resides, the parent who claims the student as a dependent for federal or Virginia income tax purposes for the tax year prior to the date of the alleged entitlement and is currently so claiming the student, or the parent who provides the student substantial financial support.
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One difference from the document that you posted is that it says federal or Virginia income tax purposes, not federal and Virginia income tax purposes. The "or" makes a big difference. Also the code has the third condition which is the parent who provides substantial financial support. There is an "or" before that which means you only have to meet that condition if you want and not the income tax filing condition. It would have been a much more stringent domicile requirement if all conditions would have to be met by using "and" between the conditions."


I previously disclaimed any knowledge of Virginia tax law and have no inclination to learn anythin about it. I also do not know whether federal and Virgina dependency can be severed. As to the third condition, it would require researching what "substantial" means. The only definition that I would feel relatively comfortable with is more than 50%. Perhaps it might also arguably mean (1) more than the other parent and (2) more than the student; in which event the parent who provided 45% of support, while the other parent provided 40% of support and the student provided 15% of his/her own support could be used to support claim for state residency. Beyond that, any further attenuated claim to provide substantial support would appear suspect to me, BWDIK, especially without any research.

Regards, JAFO
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