Will this affect me?

Question

Hi. I'm a college student. I was considering buying an apartment by my school to reduce tuition charges but my Dad has me as a dependant on his taxes. Will my parent having me as a dependant affect whether or not I can become a New York state resident?

Answer 1

Yes it will, however if he buys the apt. then you are still considered his dependent. ( this is true even if you are the one paying the rent/morgage as long as it is in his name)

Answer 2

Here's the important section of the New York State rules for determining in-state residency - at least as it applies to your situation:

"A student whose parents or legal guardian reside out-of-State may claim to be emancipated in order to qualify for in-State tuition. A student claiming emancipation must present evidence of both emancipation and a New York State domicile in order to be designated a New York State resident for tuition purposes. Proof of emancipation must include documentation demonstrating the student's financial independence. Emancipation does not occur automatically when a student reaches 18 years of age. Students under the age of 22 must provide evidence of one year of independent living in order to be considered emancipated.

Factors relevant to the determination of financial independence include, but are not limited to, the following:

   1. Employment on a full- or part-time basis within New York State

   2. Sources and extent of financial support from parents or guardians

   3. Sources and extent of other income

   4. Parents' Federal and State income tax forms which do not claim the student as a dependent (if the student continues to receive financial support, however, the student shall not be considered emancipated)

   5. Student's place of residence during the summer or other academic term recess.

   6. Student's status as financially independent for purposes of Federal and/or State financial assistance

   7. Independent filing by the student of Federal or State income tax return

   8. Student's assets and liabilities

Emancipated students are totally responsible for paying all of their educational costs. The amount of income claimed by the student must be in excess of educational expenses, including those expenses associated with living in non-University housing. The term income includes any financial aid awarded directly to the student with the exception of parental loans. The students should not have any joint or custodial accounts with their parents or legal guardians and any income claimed must be accompanied by source documentation (tax returns, Form 1099, Form W-2, bank statements, trust documents, etc.)."

So - if your dad is responsible for paying your bills, especially your educational bills, it won't matter where you buy a home. You need to live in this apartment year round (you can visit your parents, obviously, but you can't spend the summer at your parents' place every year), and your father can not claim you as a dependent on his tax return.

Check the link below for the full detail of the residency regulations - I only cut and pasted a small portion. I hope this helps!

Answer 3

This is a good try but probably won't work.

If you were totally emancipated from your parents - they provided zero financial support - it might work.  As long as dad lists you as a dependent, that is one measure showing you are not totally emancipated.

Answer 4

No.

Answer 5

yes.  if he is not in new york

Answer 6

Residency requirements vary from state to state.  You can find SUNY's guidelines at http://www.suny.edu/Student/paying_resid...  Generally, this would be the same state wide, but you should check with your college on specifics.