Is this unethical or illegal?

[believe <3]

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So I'm in a kinda sticky situation and I'm RLY confused as to what this means for med school apps!

My dad (who I am dependent on) currently owns a house in Texas and considers it his home. Due to some obligations, he is in Connecticut a fair amount of time but goes back to our house in Texas every month to stay there (usually for a weekend). My family pays utility bills and state taxes. We have proof of car registration documents in Texas as well. Our house is not for rent…it is ours and we maintain it like that. In CT, my family stays in a rented apartment and meanwhile, I am currently pursuing my undergrad degree in New Jersey…

Based on this information, can I claim to be an in-state resident of Texas on medical school apps? I feel like my family contributes to the state like everyone else does…and we definitely have strong ties. I don't think this is illegal or unethical, but I'm not sure…

I don't want to be put in a situation where my app is disqualified for "falsifying information" because I'm not…all this is true. At the most, I figure that if I put myself as in-state TX and TMDSAS disagreed, they'd just re-classify me as a non-resident…

Can someone please give me some input?

 

[V5RED]

I will say what I always say when someone asks about the policies of an organization that can be contacted with little difficulty and will answer any questions about their policies.

Contact TMDSAS for the best results.

 

[mimelim]

Individuals can establish residency in two basic ways, one based on graduation from high school and the other based on the establishment of domicile. The option related to establishment of domicile is available to citizens or permanent residents of the US and to international students who hold certain types of visas.

Option 1: Residency through High School Graduation
This option for establishing Texas residency is available to citizens or permanent residents of the US and to international students.

To establish residency through high school graduation, you must have:

1. Graduated from a Texas high school or receive a GED in Texas; and
2. Lived in Texas for the 36 months immediately before high school graduation; and
3. Lived in Texas continuously for the 12 months immediately preceding the application deadline, October 1

If you are an international student seeking residency through high school graduation, you must submit a Residency Affidavit stating that you will apply for permanent residency when you are eligible to do so. This form is NOT to be completed by US citizens or US permanent residents.

Option 2: Residency by Establishing Domicile
This option for establishing Texas residency is available to:

• Citizens or permanent residents of the US (Non-citizens and non-permanent residents may also use this option if they have an application for permanent residency on file with the US Citizenship and Immigration Service.)
• International students who hold an eligible visa.

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

Residency will be determined by applying the Texas Higher Education Coordinating Board Rules and Regulations for Determining Residence Status at the time of application. TMDSAS does not presume residency. Residency can change during the application period. All schools are notified at the time a change of residency occurs. It will be up to each school's discretion to determine which pool an applicant will be placed in if eligibility for reclassification occurs after the deadline for filing an application but before matriculation into medical school.

If Texas residency is questionable, TMDSAS may request that the applicant provide documentation to support answers to the Core Residency Questions and/or information provided in Section G of the questions. A list of appropriate documents can be found in CHART IV of the rules for determining residency.

https://www.tmdsas.com/medical/residency.html

 

[believe <3]

I will say what I always say when someone asks about the policies of an organization that can be contacted with little difficulty and will answer any questions about their policies.

Contact TMDSAS for the best results.

I did, but the person on the line said he wasn't going to establish residency over the phone 🙁

 

[believe <3]

Individuals can establish residency in two basic ways, one based on graduation from high school and the other based on the establishment of domicile. The option related to establishment of domicile is available to citizens or permanent residents of the US and to international students who hold certain types of visas.

Option 1: Residency through High School Graduation
This option for establishing Texas residency is available to citizens or permanent residents of the US and to international students.

To establish residency through high school graduation, you must have:

1. Graduated from a Texas high school or receive a GED in Texas; and
2. Lived in Texas for the 36 months immediately before high school graduation; and
3. Lived in Texas continuously for the 12 months immediately preceding the application deadline, October 1

If you are an international student seeking residency through high school graduation, you must submit a Residency Affidavit stating that you will apply for permanent residency when you are eligible to do so. This form is NOT to be completed by US citizens or US permanent residents.

Option 2: Residency by Establishing Domicile
This option for establishing Texas residency is available to:

• Citizens or permanent residents of the US (Non-citizens and non-permanent residents may also use this option if they have an application for permanent residency on file with the US Citizenship and Immigration Service.)
• International students who hold an eligible visa.

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

Residency will be determined by applying the Texas Higher Education Coordinating Board Rules and Regulations for Determining Residence Status at the time of application. TMDSAS does not presume residency. Residency can change during the application period. All schools are notified at the time a change of residency occurs. It will be up to each school's discretion to determine which pool an applicant will be placed in if eligibility for reclassification occurs after the deadline for filing an application but before matriculation into medical school.

If Texas residency is questionable, TMDSAS may request that the applicant provide documentation to support answers to the Core Residency Questions and/or information provided in Section G of the questions. A list of appropriate documents can be found in CHART IV of the rules for determining residency.

https://www.tmdsas.com/medical/residency.html

I have looked through this and have most of the documents listed ready to show as proof. But what I don't get is this part:

Live in Texas for 12 consecutive months by the application deadline, October 1;

Can I claim to be in-state TX when my dad is in Texas every month for only a weekend due to his obligations in CT, instead of being at our home in Texas every single day? It's in the middle of living there and not living there :/

 

[aklark]

You don't live in Texas.

 

[mimelim]

Personal opinion? It isn't ethical to consider yourself a Texas resident. You have no personal affiliation to Texas (That you have stated). The only reason why this is a question is because your father happens to own property there. If you are a resident, it is because of a technicality. You aren't who Texas schools are looking for when they say, "in-state".


From a technical standpoint...

It is all right there. Have you or your father "Lived in Texas for 12 consecutive months?" Yes, your father has. If he calls it his primary domicile, he has lived there for the last 12 months, regardless of where he physically is most of the time. By my reading, you would be classified as an in-state resident.

 

[jjtheairplane]

Go with Texas resident. You meet the requirements so there's nothing about being "ethical" that should be discussed. The medical school process is a game with many hoops, many more students do more unethical things just to get in, they probably go on to be great physicians too. You are harming no one and are following the law.

 

[believe <3]

Personal opinion? It isn't ethical to consider yourself a Texas resident. You have no personal affiliation to Texas (That you have stated). The only reason why this is a question is because your father happens to own property there. If you are a resident, it is because of a technicality. You aren't who Texas schools are looking for when they say, "in-state".


From a technical standpoint...

It is all right there. Have you or your father "Lived in Texas for 12 consecutive months?" Yes, your father has. If he calls it his primary domicile, he has lived there for the last 12 months, regardless of where he physically is most of the time. By my reading, you would be classified as an in-state resident.

Thanks for your opinion! I didn't get where I mentioned that I have no personal affiliation to Texas though? I have a lot of family (aunts, uncles, cousins) there and if I get into medical school in that state, I will always permanently reside in Texas. Furthermore, my sister is going to move there for college and my mother is already looking into jobs there. The fact that my dad is in CT is just a temporary thing (although I do agree that it is for a longer duration than is preferred by TX schools)

 

[mimelim]

Thanks for your opinion! I didn't get where I mentioned that I have no personal affiliation to Texas though? I have a lot of family (aunts, uncles, cousins) there and if I get into medical school in that state, I will always permanently reside in Texas. Furthermore, my sister is going to move there for college and my mother is already looking into jobs there. The fact that my dad is in CT is just a temporary thing (although I do agree that it is for a longer duration than is preferred by TX schools)

Personal affiliation would be... You grew up in Texas, you went to high school in Texas, you went to college in Texas, your immediate family currently lives in Texas. When someone asks you, "Are you a Texan?" How do you respond?

 

[deanthedream17]

What school do you go to in NJ? But hell yeah if I was given the chance I would claim Texas residency. Many great schools, low tuition, and you have a great chance of getting into them!

 

[Sreven]

You are not a Texas resident. They know have all ready closed these loopholes. You say you are pursuing a degree in New Jersey so you currently live in New Jersey. So you don't meet condition number one. You have to explicitly state each step on TMDSAS and if you check "Yes, I have lived in Texas for the last 12 months" but you show coursework saying you were in New Jersey that would be catching you in a lie or a misrepresentation.

You're not the first person to try this and it doesn't work.

Even your comment: "I don't want to be put in a situation where my app is disqualified for "falsifying information" because I'm not…all this is true. At the most, I figure that if I put myself as in-state TX and TMDSAS disagreed, they'd just re-classify me as a non-resident…"

You are basically saying you are misrepresenting information and hoping that if they don't catch you. You are not a Texas resident.

 

[DocMcMommy]

Not to completely detract/hijack the op, but I have a quick question.


So, could I claim close to ties to NM then, since I went to school there, spent the majority of my life there, have family there, and generally consider myself a New Mexican? Or, since I won't have lived there for 5 years when I apply, is that null? Do I still count as IS there or in my current state?

Again, sorry OP!

 

[Law2Doc]

Not to completely detract/hijack the op, but I have a quick question.


So, could I claim close to ties to NM then, since I went to school there, spent the majority of my life there, have family there, and generally consider myself a New Mexican? Or, since I won't have lived there for 5 years when I apply, is that null? Do I still count as IS there or in my current state?

Again, sorry OP!

Every state has it's own rules. If what is posted here is in fact the current Texas rules, it is meaningless to you with respect to NM.

 

[Law2Doc]

Personal opinion? It isn't ethical to consider yourself a Texas resident. You have no personal affiliation to Texas (That you have stated). The only reason why this is a question is because your father happens to own property there. If you are a resident, it is because of a technicality. You aren't who Texas schools are looking for when they say, "in-state".


From a technical standpoint...

It is all right there. Have you or your father "Lived in Texas for 12 consecutive months?" Yes, your father has. If he calls it his primary domicile, he has lived there for the last 12 months, regardless of where he physically is most of the time. By my reading, you would be classified as an in-state resident.

OP, Your father only gets one domicile. If Texas isn't his for eg his federal taxes, OP is hosed.

 

[mvenus929]

So, could I claim close to ties to NM then, since I went to school there, spent the majority of my life there, have family there, and generally consider myself a New Mexican? Or, since I won't have lived there for 5 years when I apply, is that null? Do I still count as IS there or in my current state?

Yes, you could claim close ties to NM. I had close ties to SC because I went to high school there and a good number of friends were there, even though I went to college and lived after college in Colorado.

Whether you would be considered IS there or not is dependent on the school. Generally speaking, if you are independent (your parents don't claim you on their taxes) and don't currently live in that state, you are not a resident. If you are a dependent student, and your parents live there (and have residency there, which can get a little dicey), you might be a resident.

 

[believe <3]

You are not a Texas resident. They know have all ready closed these loopholes. You say you are pursuing a degree in New Jersey so you currently live in New Jersey. So you don't meet condition number one. You have to explicitly state each step on TMDSAS and if you check "Yes, I have lived in Texas for the last 12 months" but you show coursework saying you were in New Jersey that would be catching you in a lie or a misrepresentation.

You're not the first person to try this and it doesn't work.

Even your comment: "I don't want to be put in a situation where my app is disqualified for "falsifying information" because I'm not…all this is true. At the most, I figure that if I put myself as in-state TX and TMDSAS disagreed, they'd just re-classify me as a non-resident…"

You are basically saying you are misrepresenting information and hoping that if they don't catch you. You are not a Texas resident.

I'm not the one living in Texas…my residency is dependent on my parents, so I'm not sure if the coursework would make much difference. And I'm not trying to misrepresent any information. I'm trying to figure out if my dad can meet condition number one based on the information I have given, which automatically would make me a TX resident. Then, I would check "Yes, my parent(s) has been living in TX for the past 12 months." In the worst case, if TMDSAS didn't agree with my in-state status, wouldn't they just re-classify me as a non-resident? I'm sure many people get re-classified due to their little knowledge about the process…would you really say that my entire app would be called a lie?

 

[believe <3]

OP, Your father only gets one domicile. If Texas isn't his for eg his federal taxes, OP is hosed.

My parents pay both TX and CT state taxes…I'm not sure what that means. How do I figure out which state I am a resident of? Or can I claim both states…one on AMCAS and another on TMDSAS? I think I read somewhere on SDN about applicants being a resident of two states.

Also, I'm confused about what you mean by federal taxes…isn't that the tax paid for living in the country? So how do med schools care abt. federal tax…I thought they only look at state taxes for residency purposes.

 

[believe <3]

What school do you go to in NJ? But hell yeah if I was given the chance I would claim Texas residency. Many great schools, low tuition, and you have a great chance of getting into them!

I go to Rutgers in NJ. Yeah, that's why I don't want to lose out on this opportunity, if it applies to me!

 

[mvenus929]

My parents pay both TX and CT state taxes…I'm not sure what that means. How do I figure out which state I am a resident of? Or can I claim both states…one on AMCAS and another on TMDSAS? I think I read somewhere on SDN about applicants being a resident of two states.

Also, I'm confused about what you mean by federal taxes…isn't that the tax paid for living in the country? So how do med schools care abt. federal tax…I thought they only look at state taxes for residency purposes.

Federal taxes are income taxes. You file them separately from state taxes, though generally at the same time. But, even if your parents file state taxes in both states, they CAN only file one as residents. Figure out which one that is.

 

[Law2Doc]

My parents pay both TX and CT state taxes…I'm not sure what that means. How do I figure out which state I am a resident of? Or can I claim both states…one on AMCAS and another on TMDSAS? I think I read somewhere on SDN about applicants being a resident of two states.

Also, I'm confused about what you mean by federal taxes…isn't that the tax paid for living in the country? So how do med schools care abt. federal tax…I thought they only look at state taxes for residency purposes.

No he doesn't really pay two state taxes on top of each other, after various crediting, but he probably files two returns. That's not really relevant here. He will have a primary state of domicile/residence for federal tax purposes, and you are going to be stuck with that for any state that determines residence based on where he has domicile -- he only gets one. No you absolutely cannot claim both states. If you read someplace that people were doing that, they are playing fast and loose with the rules. You get one. Each state sets it's own rule for residency. Only one is going to be your residence, and unless you or your folks actually live their as their primary residence, you are probably F'd. Having a secondary address there that sits empty most of every month won't count. If you want to be unethical you can use that address and say you live there, but you may get caught.

 

[Pattycake25]

Personal opinion? It isn't ethical to consider yourself a Texas resident. You have no personal affiliation to Texas (That you have stated). The only reason why this is a question is because your father happens to own property there. If you are a resident, it is because of a technicality. You aren't who Texas schools are looking for when they say, "in-state".


From a technical standpoint...

It is all right there. Have you or your father "Lived in Texas for 12 consecutive months?" Yes, your father has. If he calls it his primary domicile, he has lived there for the last 12 months, regardless of where he physically is most of the time. By my reading, you would be classified as an in-state resident.

Eh, I don't consider it unethical as long as he has SOME ties to the state, assuming he fits the rules already posted. It would be a different matter if he were able to claim multiple state residencies, but obviously he can't, so no problem in making TX his home base for this cycle.

 

[mimelim]

Eh, I don't consider it unethical as long as he has SOME ties to the state, assuming he fits the rules already posted. It would be a different matter if he were able to claim multiple state residencies, but obviously he can't, so no problem in making TX his home base for this cycle.

Not sure the OP ever stated what other ties to other states he has. He goes to school in NJ, but what about high school?

 

[DokterMom]

My parents pay both TX and CT state taxes…I'm not sure what that means. How do I figure out which state I am a resident of? Or can I claim both states…one on AMCAS and another on TMDSAS? I think I read somewhere on SDN about applicants being a resident of two states.

Also, I'm confused about what you mean by federal taxes…isn't that the tax paid for living in the country? So how do med schools care abt. federal tax…I thought they only look at state taxes for residency purposes.

What kind of taxes do they pay in Texas?
If you own property there, regardless of where you live, you will pay property taxes.
Again, no matter where you live, Texas still doesn't have an income tax.

 

[deleted436726]

You are not a Texas resident. They know have all ready closed these loopholes. You say you are pursuing a degree in New Jersey so you currently live in New Jersey. So you don't meet condition number one. You have to explicitly state each step on TMDSAS and if you check "Yes, I have lived in Texas for the last 12 months" but you show coursework saying you were in New Jersey that would be catching you in a lie or a misrepresentation.

You're not the first person to try this and it doesn't work.

Even your comment: "I don't want to be put in a situation where my app is disqualified for "falsifying information" because I'm not…all this is true. At the most, I figure that if I put myself as in-state TX and TMDSAS disagreed, they'd just re-classify me as a non-resident…"

You are basically saying you are misrepresenting information and hoping that if they don't catch you. You are not a Texas resident.

This is patently false. As someone who has lived in several different states over the years and has had to navigate complex, multi-state tax returns, I can say with a very high degree of confidence that OP could claim Texas residency without any problem. He's dependent on his parents, who have an established primary domicile there and have abundant proof of residence if what OP said is true. The fact that he goes to college out-of-state doesn't change his permanent residency.

 

[Sreven]

This is patently false. As someone who has lived in several different states over the years and has had to navigate complex, multi-state tax returns, I can say with a very high degree of confidence that OP could claim Texas residency without any problem. He's dependent on his parents, who have an established primary domicile there and have abundant proof of residence if what OP said is true. The fact that he goes to college out-of-state doesn't change his permanent residency.

You might have experience with other states but Texas does things differently. They know they have inexpensive tuition and many school people try to game the system. The OP says his parents pay state income taxes to Texas despite Texas not having a state income tax.

The standard for Texas residency is:

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 doesn't sound like his parents meet any of the items in part 2 (they need at least one). So they might own property but that doesn't mean they have established domicile (and by proxy him/her). So he isn't a Texas resident.

Source: Texas resident

 

[Law2Doc]

This is patently false. As someone who has lived in several different states over the years and has had to navigate complex, multi-state tax returns, I can say with a very high degree of confidence that OP could claim Texas residency without any problem. He's dependent on his parents, who have an established primary domicile there and have abundant proof of residence if what OP said is true. The fact that he goes to college out-of-state doesn't change his permanent residency.

If you read his posts it sounds like his parents own a home in Texas that is NOT their primary residence, but rather someplace they stay one weekend a month. They live in an apartment in Connecticut and OP is in school in NJ It doesn't sound like OP has much in the way of specified connections to the state of Texas beyond this real estate - at least he hasn't given us any. So the question really becomes can you live someplace else, buy a place in Texas that more or less sits empty 28 days a month as an investment property, and use that to call yourself a Texas resident for med school purposes? My bet is probably not. (In fact, it's probably not so kosher that his parents are living full time in Connecticut but still driving around in cars registered in Texas).

We aren't saying OP doesn't qualify because he goes to school out of state, we are saying he doesn't qualify because his parents apparently primarily live in Connecticut. And OP knows this could be a problem or he would not have posed the question.

 

[believe <3]

Federal taxes are income taxes. You file them separately from state taxes, though generally at the same time. But, even if your parents file state taxes in both states, they CAN only file one as residents. Figure out which one that is.

No he doesn't really pay two state taxes on top of each other, after various crediting, but he probably files two returns. That's not really relevant here. He will have a primary state of domicile/residence for federal tax purposes, and you are going to be stuck with that for any state that determines residence based on where he has domicile -- he only gets one. No you absolutely cannot claim both states. If you read someplace that people were doing that, they are playing fast and loose with the rules. You get one. Each state sets it's own rule for residency. Only one is going to be your residence, and unless you or your folks actually live their as their primary residence, you are probably F'd. Having a secondary address there that sits empty most of every month won't count. If you want to be unethical you can use that address and say you live there, but you may get caught.

For people that travel between two different states, which one is considered a primary domicile for federal tax purposes? Is it the place where they work and receive income? Or can the primary domicile be the place where we feel is home despite not being there most of the time? The reason I ask is because someone I know works in Virginia and stays in a rented apartment there. However, his actual home is in West Virginia where he goes to once or twice a month. He pays both state taxes, and puts West Virginia as his primary residence for federal tax purposes…I don't get how his situation is very different from mine...Could my dad not put TX as a primary residence since that is where our actual home is whereas in CT, it is a rented home?

 

[believe <3]

No he doesn't really pay two state taxes on top of each other, after various crediting, but he probably files two returns. That's not really relevant here. He will have a primary state of domicile/residence for federal tax purposes, and you are going to be stuck with that for any state that determines residence based on where he has domicile -- he only gets one. No you absolutely cannot claim both states. If you read someplace that people were doing that, they are playing fast and loose with the rules. You get one. Each state sets it's own rule for residency. Only one is going to be your residence, and unless you or your folks actually live their as their primary residence, you are probably F'd. Having a secondary address there that sits empty most of every month won't count. If you want to be unethical you can use that address and say you live there, but you may get caught.

This is the thread I read about claiming two states. So are you saying that AMCAS and TMDSAS would find out about a situation like this? The responses to the OP seem like it's not a wrong thing to do…so I'm not sure.

http://forums.studentdoctor.net/threads/is-this-possible.1084630/#post-15443874

 

[believe <3]

Not sure the OP ever stated what other ties to other states he has. He goes to school in NJ, but what about high school?

I didn't go to high school in this country 🙁

 

[believe <3]

What kind of taxes do they pay in Texas?
If you own property there, regardless of where you live, you will pay property taxes.
Again, no matter where you live, Texas still doesn't have an income tax.

If TX doesn't have state income taxes, then what tax documents would TMDSAS ask for to confirm residency? If it's just property tax documents, wouldn't I be applicable as a resident?

 

[believe <3]

You might have experience with other states but Texas does things differently. They know they have inexpensive tuition and many school people try to game the system. The OP says his parents pay state income taxes to Texas despite Texas not having a state income tax.

The standard for Texas residency is:

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 doesn't sound like his parents meet any of the items in part 2 (they need at least one). So they might own property but that doesn't mean they have established domicile (and by proxy him/her). So he isn't a Texas resident.

Source: Texas resident

What about this information about maintaining a domicile? Can this be applied to my parent's case?

Domicile: A person’s principal, permanent residence to which the person intends to return after any temporary absence.

Temporary absence: Absence from the State of Texas with the intention to return, generally for a period of less than five years. For example, the temporary absence of a person or a dependent’s parent from the state for the purpose of service in the U.S. Armed Forces, U.S. Public Health Service, U.S. Department of Defense, U.S. Department of State, as a result of an employment assignment, or for educational purposes, shall not affect a person’s ability to continue to claim that Texas is his or her domicile.

Also, I do not know much about taxes, so I naturally assumed that TX has income taxes…I didn't mean to lie about anything. All I know is that my parents pay whatever taxes are required and I guess that's property tax from what is mentioned on this thread.

 

[LizzyM]

It seems to me that your father's domicile is in TX although work takes him out of state much of the time. He owns a home that is not rented and therefore is not investment property. He occupies that home when he is not away from home on business. I presume he is registered to vote in TX and has registered his motor vehicle there. List that address on your application. I don't see the issue.

 

[believe <3]

If you read his posts it sounds like his parents own a home in Texas that is NOT their primary residence, but rather someplace they stay one weekend a month. They live in an apartment in Connecticut and OP is in school in NJ It doesn't sound like OP has much in the way of specified connections to the state of Texas beyond this real estate - at least he hasn't given us any. So the question really becomes can you live someplace else, buy a place in Texas that more or less sits empty 28 days a month as an investment property, and use that to call yourself a Texas resident for med school purposes? My bet is probably not. (In fact, it's probably not so kosher that his parents are living full time in Connecticut but still driving around in cars registered in Texas).

We aren't saying OP doesn't qualify because he goes to school out of state, we are saying he doesn't qualify because his parents apparently primarily live in Connecticut. And OP knows this could be a problem or he would not have posed the question.

True, I don't have any immediate connections beyond the property…but I do have a lot of family and friends in TX so for me that's a personal connection I guess. I can't specify a connection in regards to high school in any U.S. state because I didn't go to high school here. I'm pretty sure my parents have a car registered in CT as well as one registered in TX. They don't rent a car every time they're in TX.

 

[believe <3]

It seems to me that your father's domicile is in TX although work takes him out of state much of the time. He owns a home that is not rented and therefore is not investment property. He occupies that home when he is not away from home on business. I presume he is registered to vote in TX and has registered his motor vehicle there. List that address on your application. I don't see the issue.

I know the home and motor vehicle thing is true. My parents have also obviously bought a car in CT. But is it possible to be registered to vote in two states? I think my father has voted in CT before…

But then again, I have voted in NJ even though that is not my primary residence :/

 

[believe <3]

We aren't saying OP doesn't qualify because he goes to school out of state, we are saying he doesn't qualify because his parents apparently primarily live in Connecticut. And OP knows this could be a problem or he would not have posed the question.

All I really want to know is, will I get into a severe legal issue (maybe a case where my application gets disqualified such that I can never go to med school or my parents lose their jobs!) if I listed TX resident on TMDSAS?

I feel like, in this confusing situation, I would be inclined to put TX resident on the app and just wait for TMDSAS to sort it out. I mean, that's their job right? To confirm that you really are a TX resident…and if they see a problem, isn't the worst they can do is change me back to a non-resident?

And if it's possible to claim two states (one on TMDSAS and AMCAS) as detailed in that other thread I sent, why can't I put CT on AMCAS? I don't want to lose any chance of CT residency I would have if I was reclassified as non-TX resident…and they are different app processes right?

 

[believe <3]

.

 

[Narmerguy]

TBH it seems fine to me OP. You have a home there, your family is away for work related purposes with apparent intentions of returning, you're away for school, put TX down and go for it. This is honestly something that I'm sure a lot of people get confused about and they're not going to go crazy over someone with your level of evidence to support Texas residency. Probably wouldn't hurt to go get a permit and buy a firearm for good measure. 😛

 

[Law2Doc]

It seems to me that your father's domicile is in TX although work takes him out of state much of the time. He owns a home that is not rented and therefore is not investment property. He occupies that home when he is not away from home on business. I presume he is registered to vote in TX and has registered his motor vehicle there. List that address on your application. I don't see the issue.

I don't really thats a fair reading of the situation. The parent lives in CT. He goes to Texas one weekend a Month, maybe. A lot will depend on the fathers federal tax forms from PRIOR years. Voting and car registrations may be helpful evidence of domicile, but how he has treated this property for federal taxes is going to be far more determinative. Investment property is NOT the same as rental property. Totally false statement. You can own property all over the country, and hold it until value goes up. Thats investment property. It doesnt chnge your domicile. And doesnt depend on whether its rented or sitting empty.

At any rate the OP started out asking about what was ethical and now is asking about how he might get caught, so I think he has an answer.

 

[Law2Doc]

I know the home and motor vehicle thing is true. My parents have also obviously bought a car in CT. But is it possible to be registered to vote in two states? I think my father has voted in CT before…

But then again, I have voted in NJ even though that is not my primary residence :/

It is not possible to legally register a Car in two states. It is not possible to register to vote in two states, and if they voted in CT in more recent years that is some evidence they no longer consider Texas as their domicile. I think this story is quickly unravelling.

 

[Law2Doc]

All I really want to know is, will I get into a severe legal issue (maybe a case where my application gets disqualified such that I can never go to med school or my parents lose their jobs!) if I listed TX resident on TMDSAS?

I feel like, in this confusing situation, I would be inclined to put TX resident on the app and just wait for TMDSAS to sort it out. I mean, that's their job right? To confirm that you really are a TX resident…and if they see a problem, isn't the worst they can do is change me back to a non-resident?

And if it's possible to claim two states (one on TMDSAS and AMCAS) as detailed in that other thread I sent, why can't I put CT on AMCAS? I don't want to lose any chance of CT residency I would have if I was reclassified as non-TX resident…and they are different app processes right?

It is NOT possible to claim teo states as your residency. Stop asking that. It's a one shot deal. You won't get disqualified from med school, but you certainly can end up not treated as an in state applicant, and end up with no state school, higher tuition, lower chance of admission. But again, you asked about what was ethical, and frankly if you know your parents live and vote and own a car in CT, but have what is essentially a weekend home in Texas that you've never lived at, you probably are walking over that line. Applying and running for luck might mean you will get away with it, but getting away with something usually means it was unethical. Don't ask if you don't want to know the answer.

 

[mvenus929]

1. Talk to your parents. Seriously. Stop making assumptions about where they are registered to vote, how they file taxes, etc, and just ask them.
2. Call TMDSAS for clarification after you talk to your parents.

We can talk about this for days on end, but we cannot give you a definitive answer.

 

[ThisCouldBeYou]

My parents were talking about buying a retirement home in Florida or Texas where they would live part time. They said that in order to establish residency in any place, they would have to live there for at least "six months and a day". OP, you should check to see where your dad lists his primary residency. My guess is that he pays CT income taxes when he earns income there, but he'd pay Texas taxes for the balance of his income such as investment income. Whether or not Texas has an income tax is a mute point.

 

[believe <3]

1. Talk to your parents. Seriously. Stop making assumptions about where they are registered to vote, how they file taxes, etc, and just ask them.
2. Call TMDSAS for clarification after you talk to your parents.

We can talk about this for days on end, but we cannot give you a definitive answer.

It is not possible to legally register a Car in two states. It is not possible to register to vote in two states, and if they voted in CT in more recent years that is some evidence they no longer consider Texas as their domicile. I think this story is quickly unravelling.

My parents were talking about buying a retirement home in Florida or Texas where they would live part time. They said that in order to establish residency in any place, they would have to live there for at least "six months and a day". OP, you should check to see where your dad lists his primary residency. My guess is that he pays CT income taxes when he earns income there, but he'd pay Texas taxes for the balance of his income such as investment income. Whether or not Texas has an income tax is a mute point.

So I talked to them…they file federal taxes with their primary residence being the place of income (CT). They said it would look really weird if they filed TX as primary residence but were found to be working in CT for such a long time period (apparently, the federal tax form questions things like this and won't accept it…) I'm guessing it's not possible to list two primary residencies on a federal tax form, although it is possible to pay two state taxes. And yes, they have voted in CT the past election, but that was it.

I called TMDSAS again and they said the person has to physically reside in TX for 12 months, although I am not sure how they would ever confirm something like that.

Either way, I guess it's not even possible to claim myself as a TX resident like I originally thought I could….I was going to let TMDSAS figure it out but I feel uneasy about this.

 

[FSOG]

I grew up in TX and went to college out of state. However, my parents own homes in two other states. I can't claim permanent residency in either of these two states simply by virtue of the fact that we own vacation property; it doesn't work that way. I went to high school in TX, my parents declare TX as their primary residency on their taxes (only allowed to claim one), and they, along with my younger sibling, live there during the school year. Subsequently, I am a TX resident. Your situation is the opposite of mine. Your parents, in essence, own a vacation property in TX since they do not reside there but for a few weekends a year. Unless your parents somehow claim TX as their primary residency (registered cars, voter registration, etc.) I would say you are not eligible to claim TX as your residency.

 

[ThisCouldBeYou]

There's your answer: CT. Unfortunately, just because they own property in other states, they're only allowed to claim one state as your primary and it's based on how much time you spend there. If your dad worked from home and his home was in TX, he could claim TX as his primary, even if his employer was in CT. But he doesn't. He lives and works in CT and goes to TX to visit.

 

[ZX10R]

I attend a private school in Texas with lots of California students that always try to get residency but seem to fail. My schools premed board is also telling us it's becoming harder each year. Personally I think it would be unethical for you to claim residency here, but that doesn't seem to be a concern to you and let the laws decide for themselves.