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New Member

Out of state residency question.

My child was a full-time college student that graduated in May.  They are working at an out of state internship that was originally slated to last approximately seven months.  It was extended again in 2019 for five months.  Would they need to file a return for both states and residency for both states?

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New Member

Out of state residency question.

Yes, tax returns will be required for both states, but his resident state should provide a credit for taxes paid to the non-resident state.

Living in a particular state only for the purpose of attending school, or completing an internship, probably will not establish residency in that state. You may still have to file a tax return in that state if you have taxable income there, but you would file as a non-resident.

Residency is based on the concept of domicile. Your domicile is the place where you have family connections, lived and/or worked, belong to a house of worship, and, most importantly, the place to which you intend to return after you have been away. Once you have domicile somewhere, it remains until you move away and abandon the intent to return. 

So, if your son's domicile is the state that he moved from to attend school or take the internship offer, and he intends to return there, barring future events (such as a post-internship job offer), then that state is still his domicile, and is the place where you are a resident for tax purposes.

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