Texas Residency Determination

[csjed]

Forgive me if I am in the wrong thread! lol
I am a parent of an M3 and Pgy2 and have a 3rd son who is a dependent college student out of state and also graduated high school out of state and about to apply to med school in Texas. We are now business owners in Texas and residents of Texas (3 years) but leasing our residence. Do you know if leasing will count for Texas residency determination not for tuition but for medical school acceptance as IS? I have read conflicting information and can't get any clarification from TMDSAS. Thanks so much for any input.

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[LizzyM]

To establish domicile, you must meet the following criteria:

1. 1. Live in Texas for 12 consecutive months by the application deadline; and
   2. Establish and maintain domicile for 12 consecutive months prior to the application deadline, by doing one of the following:
      • Be gainfully employed in Texas
      • 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 appears that you, as parents, have established domicile by owning and operating a business in Texas. Will your dependent son be considered as having established a domicile in Texas in that he is living at school but has a permanent address with you, his parents, when he is not at school? I think that is usually the argument that is made when a child leaves home for college but remains a dependent and returns home for breaks.

 

[GoSpursGo]

To establish domicile, you must meet the following criteria:

1. 1. Live in Texas for 12 consecutive months by the application deadline; and
   2. Establish and maintain domicile for 12 consecutive months prior to the application deadline, by doing one of the following:
      • Be gainfully employed in Texas
      • 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 appears that you, as parents, have established domicile by owning and operating a business in Texas. Will your dependent son be considered as having established a domicile in Texas in that he is living at school but has a permanent address with you, his parents, when he is not at school? I think that is usually the argument that is made when a child leaves home for college but remains a dependent and returns home for breaks.

Just to be clear... it isn't 100% to me that the OP is actually living in Texas (claims to be a Texas resident, but also leasing their residence?). So I think that is the criteria that needs to be clarified, though I'm not exactly sure how that would actually be investigated. The supporting documentation for both property ownership and ownership of a business includes uploading a Texas driver's license, so perhaps the driver's license suffices for proof of living in Texas.

 

[wysdoc]

I understood that OP is renting their home in Texas and has not bought a house.
The period of living in Texas for 3 years is more important, and the fact that the parents are Texas residents will make their dependent son a Texan as well.
The residency determination for med school application is complex, because its rules are slightly different than the rules for paying taxes or for getting in-state tuition for college.
Full run-down and links to videos from TMDSAS can be seen here: Texas Residency Status: How Does TMDSAS determine it?

 

[LizzyM]

That's how I read it too, that the parents didn't own their own home in Texas but were renters. That means that they didn't meet bulletpoint 2 but it appears that they meet bulletpoint 3.

 

[bunkina]

Sounds as if you guys are residents, so your dependent child would be, too. But make sure that he now is registered to vote in TX, that he gets a TX driver's license, and of course if he needs to file taxes, that he files as a TX resident. And of course the same for you guys, too. BTW, if you "travel" out of state frequently, every single day that either of you is in TX, buy something on a credit card, like coffee, or something at a grocery store, anything to prove that you were in TX that day. If you own a home in another state, and spend more than 50% of your time there, they might challenge your residency in TX.