Anonymous wrote:I forgot to add: not sure you can elect to pay taxes in a different state than where you actually reside. It may be that this provision is meant for students/parents who have moved out of VA but paid taxes there the year prior to college admission, and so should be allowed to retain the benefit of in state tuition for the one year following their move. I am not a tax expert.

Actually, it's frequently true that you have pay taxes to a state where the income is earned. This is not true in DC area because DC (and I believe, MD and VA) all have "reciprocity" with one another for state income tax purposes. But I believe if you, for example, had your residence in Kansas, you'd need to pay VA state taxes on income earned in VA. It makes sense that they exempt military personnel, because many retain residency for tax purposes in low tax states (why you see a lot of AK, TX and FL tags around) but do actually live full time in VA.

Anonymous wrote:

Anonymous wrote:https://www.schev.edu/index/tuition-aid/in-state-residency

Thanks everyone. This is OP. Yes, I googled, but something in the above link (copied below) is not clear to me. Can someone explain? Note, I am a fed, but not a lawyer, so could not interpret this ... Thank you!

Other Ways to Qualify for In-State Tuition
If you are a student at a public institution and you do not establish domicile in Virginia, you might still qualify for in-state tuition if you are: a student who lives outside Virginia but who works or whose parent works in Virginia; .

OP, that clause applies to those in this scenario:

Will you or your parent/legal guardian have lived outside Virginia, been employed full-time in Virginia and paid non-resident Virginia income taxes on all taxable income earned for at least one year immediately prior to the term for which in-state privileges are sought? *

No, of course not. Virginia has very strict rules about this, as does California. Call at the office mentioned above for details.

For working in Virginia- they mean paying income taxes in Virginia. And since this area does not require you to pay income taxes to the state you work in and live in- no you won’t be considered in state.

But hey, move to Florida and work in VA and file taxes in both and then you may get instate.

Or study tax law.

Anonymous wrote:We live in DC and I work in a federal agency located in Virginia. Will my child be considered as in-state if he applies to University of Virginia? Checked on-line, but could not find a clear answer. TIA.

you're kidding, right?

They are very strict about this.

I googled "uva residency status" and got a whole office that just does this. Maybe just pick up the phone and ask?

https://vastatus.virginia.edu/

I forgot to add: not sure you can elect to pay taxes in a different state than where you actually reside. It may be that this provision is meant for students/parents who have moved out of VA but paid taxes there the year prior to college admission, and so should be allowed to retain the benefit of in state tuition for the one year following their move. I am not a tax expert.

OP - Please read the Guidelines and all other documents that are linked on the page of the SCHEV website posted above. Specifically, https://www.schev.edu/docs/default-source/institution-section/Financial-Aid-and-Domicile-Officers/domicile-guidelines2.pdf (Section 19, pp. 19-20). I am quoting the relevant language but you need to read all of the documentation in case there are exceptions/caveats. You may need to speak to a tax advisor to find out how to pay income tax in VA rather than in your state of residence.

Section 19. Eligibility for in-state rates for nonresidents employed in Virginia.

A. A nondomiciliary student who physically lives outside Virginia but who works full time in the Commonwealth may be eligible for in-state tuition provided that the student:

1. Lives outside Virginia; meaning, the student commutes from a residence outside Virginia to a work-site in Virginia;

2. Has been employed full time in Virginia for at least one year immediately prior to the date of alleged entitlement for which reduced tuition is sought; and

3. Has paid Virginia income taxes on all taxable income earned in the Commonwealth of Virginia for the tax year prior to the date of alleged entitlement.

B. Students claimed as dependents for federal and Virginia income tax purposes who live outside of Virginia will be eligible under this provision if the nonresident parent claiming him as a dependent:

1. Lives outside Virginia; meaning, the parent commutes from a residence outside Virginia to a work-site in Virginia;

2. Has been employed full-time in Virginia for at least one year immediately prior to the date of alleged entitlement; and

3. Has paid Virginia income taxes on all taxable income earned in Virginia for the tax year prior to the date of the alleged entitlement.

(Note: Students may claim eligibility for in-state tuition under this section only through dependency on parents. A nonresident dependent spouse is not eligible for in-state tuition under this section through the individual's spouse.)

C. Such dependent students shall continue to be eligible for in-state tuition charges so long as they or their qualifying parent are employed full time in Virginia, paying Virginia income taxes on all taxable income earned in this Commonwealth, and claiming the student as a dependent for Virginia and federal income tax purposes. It is incumbent upon the student to provide to the institution current information concerning classification under this category.

I assumed that 'parent who works in Virginia' was actually code for 'military member assigned to a base in Virginia". In many states, you would be eligible for in-state tuition if you were a military member or dependent assigned to a base in Kansas, even if the only home you owned was in Florida.

We are Maryland residents but one spouse works in Virginia. I remember getting excited about the very same provision that talks about possible instate residency for a child if a parent works in Virginia. There was an asterisk which pointed us to another clause which excluded residents of D.C. and Maryland from this in-state possibility.

Anonymous wrote:

Anonymous wrote:https://www.schev.edu/index/tuition-aid/in-state-residency

Thanks everyone. This is OP. Yes, I googled, but something in the above link (copied below) is not clear to me. Can someone explain? Note, I am a fed, but not a lawyer, so could not interpret this ... Thank you!

Other Ways to Qualify for In-State Tuition
If you are a student at a public institution and you do not establish domicile in Virginia, you might still qualify for in-state tuition if you are: a student who lives outside Virginia but who works or whose parent works in Virginia; a student participating in a degree program included in the Academic Common Market; a high school student who is in a dual-enrollment program at a community college; a University of Virginia's College at Wise student who resides in Kentucky and who lives within 50 miles of the University of Virginia's College at Wise; or a student attending college through a special arrangement contract entered by your employer and the institution you plan to attend. The institution may charge eligible students a contract rate higher than the actual in-state tuition rate but lower than the out-of-state tuition rate. To learn more about how your circumstances affect your eligibility to establish domicile, please contact the college or university you plan to attend.

OP, new poster here. When my DC was looking at UVA, we found that the admissions office was pretty responsive about questions and would reply to e-mails. I'd e-mail or phone them and ask, quoting the section you quote above. I think this is going to go case by case so I'd just spend the time calling or e-mailing UVA admissions with this question rather than asking here. You can't know if your specific situation is going to apply or not, based on what's above or based on what any other family has done; go straight to UVA to ask. Hope they are helpful.

Anonymous wrote:https://www.schev.edu/index/tuition-aid/in-state-residency

Thanks everyone. This is OP. Yes, I googled, but something in the above link (copied below) is not clear to me. Can someone explain? Note, I am a fed, but not a lawyer, so could not interpret this ... Thank you!

Other Ways to Qualify for In-State Tuition
If you are a student at a public institution and you do not establish domicile in Virginia, you might still qualify for in-state tuition if you are: a student who lives outside Virginia but who works or whose parent works in Virginia; a student participating in a degree program included in the Academic Common Market; a high school student who is in a dual-enrollment program at a community college; a University of Virginia's College at Wise student who resides in Kentucky and who lives within 50 miles of the University of Virginia's College at Wise; or a student attending college through a special arrangement contract entered by your employer and the institution you plan to attend. The institution may charge eligible students a contract rate higher than the actual in-state tuition rate but lower than the out-of-state tuition rate. To learn more about how your circumstances affect your eligibility to establish domicile, please contact the college or university you plan to attend.

Anonymous wrote:Scary that a fed doesn't know how to Google:

https://www.theclassroom.com/are-dc-residents-eligible-for-virginia-in-state-tuition-13596821.html

Residents of the District of Columbia are generally ineligible for in-state tuition at public colleges in neighboring Virginia. There are a few exceptions, however, that make in-state tuition possible for temporary D.C. residents with a permanent address in Virginia and some D.C. residents who work in Virginia or are stationed there by the military.

So which DC residents who work in VA are eligible?

no