Am I a Texas Resident? Unique situation...

[DragonSalad]

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My situation:
-Went to undergrad in Texas
-I am financially dependent on my parents
-Dad works overseas, last time he lived in Texas was about 10 years ago
-Mom owns a house (joint marital ownership) here, where she has been living for 2 years
-But Mom is a stay at home mom, has no income, so Dad claims me as a dependent on his tax return.

Here's the relevant information from TMDSAS:

"If you are independent for tax purposes, you may gain resident status if you establish domicile in the state. If your parent(s) claim you as a dependent on their federal income tax return, they must establish domicile in the state for you to claim residency.

To establish domicile, you or your parent(s) must meet the following criteria:

1. Live in Texas for 12 consecutive months by the application deadline, October 1; AND
2. Establish and maintain domicile for 12 consecutive months prior to the application deadline, October 1, by doing one of the following:
-Be gainfully employed in Texas (Student jobs do not qualify as gainful employment) -Gainful employment is employment that provides an income that is sufficient to provide at least one-half of the individual's tuition and living expenses or that represents an average of at least twenty hours of employment per week
-Sole or joint marital ownership of residential real property in Texas by the person seeking to enroll or the dependent's parent, having established and maintained a domicile at the residence
-Own and operate a business in Texas
-Be married for one year to a person who has established domicile in Texas."


It looks like my mom does meet the above criteria, but technically it's my dad's salary on whom I'm financially dependent, and he's overseas. I've tried talking to TMDSAS but they have just told me they can't make a decision until I apply next cycle..

So...Am I a resident??

 

[BurghMed]

Email/Call a texas school to be sure.

 

[Yellow_Elephant]

Are your parents married? If so, then I think you are fine and would be classified as a TX resident. Did you go to high school in TX?

I also am a TX resident but had to go back and forth with TMDSAS to have it confirmed. I remember being very confused by the rules because I almost didn't qualify as a resident (which was silly to me) but with TMDSAS you can submit a paragraph explaining your situation and how it complies with the rules.

 

[Yellow_Elephant]

Also are you currently residing in TX? (i.e. employed/school)

 

[GrapesofRath]

If you live in Texas and will have for over 12 months by next app cycle I think there is a pretty decent chance you can qualify as a Texas resident. Only thing I'll note is from everything I've read Texas is somewhat sensitive and careful of people who try to "game" the system and claim TX residency. But my initial reaction is at least give it a shot and try and see if you can be a TX resident.

 

[mrspecialist]

Doesn't look like to me, don't want to apply as one and then find out later you are not...

 

[LizzyM]

Reading between the lines, it appears that your parents are divorced.

You are listed as a dependent on your dad's income tax return. This means that HE must maintain a domicile in TX for you to be considered a resident. Sorry, you appear to be out of luck.

 

[DragonSalad]

Reading between the lines, it appears that your parents are divorced.

You are listed as a dependent on your dad's income tax return. This means that HE must maintain a domicile in TX for you to be considered a resident. Sorry, you appear to be out of luck.

@LizzyM: my parents are not divorced, they are married and my mom has just been living here in TX for about 2 years. My dad sends us all money, however, so technically we are all dependent on him.

I am currently in a TX private college and have been for the past 3 years, but I went to high school overseas.

 

[LizzyM]

OK, so your parents claim you as a dependent (joint tax return?) and your parents have a domicile in TX . Different story. Sounds like TX resident.

 

[DragonSalad]

@LizzyM: Yes but my parents filed separately, and only my mom has domicile in Texas, since my dad is overseas (my mom does earn around 15,000 per year through leasing a rental property that my mother and father bought jointly).

 

[LizzyM]

So, your father claims you as a dependent and he doesn't appear to meet the criteria, except that he has been married for at least one year to a person who appears to have established a domicile there by owning real property and maintaining a domicile there. Whew! I think you've made it.

 

[NickNaylor]

I praise you, OP, for actually posting a truly unique situation with respect to a question that has been asked a million times. Strong work.

 

[DragonSalad]

@LizzyM:

Yes, it's true that my father meets criteria #2 (by being married to someone who has domicile), but he doesn't meet criteria #1 does he? (Since he still lives overseas, and has not been living in TX for 12 months prior to the application deadline).

On the other hand, my mom meets criteria #1 and #2, BUT she is currently not the parent I am dependent on...but she is married to him.


I didn't even realize you could be a US citizen without a state of residence :/

I realize some will say just wait for TMDSAS to classify you, but since I'm not applying until the upcoming cycle, I'm trying to see if I can do anything to help my case (like having parents file taxes differently, transfer property title..I don't know).

 

[LizzyM]

There is a difference between being a state resident for purposes such as voter registration and being a resident for the purposes of in-state tuition.

Your parents are married to each other so, as far as I know, they are treated as one legally despite filing separate tax returns.

To establish domicile, you or your parent(s) must meet the following criteria:

1. Live in Texas for 12 consecutive months by the application deadline, October 1; AND
2. Establish and maintain domicile for 12 consecutive months prior to the application deadline, October 1, by doing one of the following:
-Be gainfully employed in Texas (Student jobs do not qualify as gainful employment) -Gainful employment is employment that provides an income that is sufficient to provide at least one-half of the individual's tuition and living expenses or that represents an average of at least twenty hours of employment per week
-Sole or joint marital ownership of residential real property in Texas by the person seeking to enroll or the dependent's parent, having established and maintained a domicile at the residence
-Own and operate a business in Texas
-Be married for one year to a person who has established domicile in Texas."

Your parent(s) must meet the criteria...
Live in Texas for 12 consecutive months.
Sole or joint marital ownership of residential property etc etc.

It seems that your mum fits that criteria.

You might consider having your mom claim you as a dependent rather than your dad. You might want to check with an accountant in TX who has some experience in this area.