University of North Carolina denies Iraq vet in-state tuition as it mulls giving break to illegals

Absolutely disgraceful.

http://www.foxnews.com/us/2012/10/16/university-north-carolina-denies-iraq-vet-in-state-tuition-while-considering/

alecto wrote:Absolutely disgraceful.

Yes it is...on many levels.

Sounds very wrong to me. I think most states recognize that an active duty person, and his/her family, can be stationed in Texas, but be legal residents of North Carolina. You can only choose one state to be a legal resident of, but if you're active duty, you do have a choice. That is the way it was when my husband was active duty and the way I've always known it to be.

OK, I read the article again. Unfortunately, I think the State of North Carolina will prevail. I think that it's wrong for any state to treat illegals better than U.S. citizens. But if she wanted to claim North Carolina as her state of residence, she should have been paying taxes there...

But Perez said the appeal process consisted of appearing before a 15-member panel at the school's vice chancellor’s office, where her request was denied. She said she later learned that the denial was based on the fact that she had not paid income tax in North Carolina in the years in which she was in Iraq and Texas.

Read more: http://www.foxnews.com/us/2012/10/16/university-north-carolina-denies-iraq-vet-in-state-tuition-while-considering/#ixzz29TsOGm9F

nochain wrote:

alecto wrote:Absolutely disgraceful.

Yes it is...on many levels.

Wonder why so many are fed up with out of control political correctness?...

These people should be ashamed!

UNC Board of Trustees...Let them know what you think...

Wade Hampton Hargrove(Wade)
Chair
Elected 2009; term ends 2013
Brooks, Pierce, McLendon, Humphrey & Leonard, LLP
1600 Wells Fargo Capitol Building
Raleigh, NC 27601
(919) 834-9216; FAX (919) 839-0304
whargrove@brookspierce.com

Barbara Rosser Hyde (Barbara)
Vice Chair
Hyde Family Foundations
Elected 2005; term ends 2013
Hyde Family Foundations
17 West Pontotoc, Suite 200
Memphis, TN 38103
(901) 685-3411; FAX (901) 683-3147
bhyde@pittcomanagement.com


Phillip L. Clay (Phil)
Secretary
Elected 2007; term ends 2015
Massachusetts Institute of Technology
77 Massachusetts Avenue
Room 9-515
Cambridge, MA 02139
(617) 253-6164; FAX: (617) 258-6261
plclay@mit.edu


W. Lowry Caudill (Lowry)
Elected 2011; term ends 2015
104 Tennwood Court
Durham, NC 27712
(919) 471-6721; FAX: (919) 471-4541
wlcaud@email.unc.edu

Donald Williams Curtis (Don)
Elected 2009; term ends 2013
Curtis Media Group
3012 Highwoods Boulevard, Suite 201
Raleigh, NC 27604
(919) 790-9392; FAX (919) 790-8369
dcurtis@curtismedia.com


Alston Gardner (Alston)
Elected 2007; term ends 2015
623 E. Franklin Street
Chapel Hill, NC 27514
(970) 927-4206; FAX: (561) 828-2323
alstongardner@unc.edu


Peter T. Grauer (Peter)
Elected 2011; term ends 2015
731 Lexington Avenue
New York, NY 10022
(212) 617-1956; FAX (917) 369-4500
pgrauer@bloomberg.net


H. Kel Landis III (Kel)
Elected 2012; term ends 2013
2710 Rosedale Avenue
Raleigh, NC 27607
(919) 256-6343; FAX (919) 256-6350
KLandis@plexuscap.com

Landis is a partner with Plexus Capital


Steven Lerner (Steve)
Elected 2011; term ends 2015
Blue Hill Group
431 Meadowmont Village Circle
Chapel Hill, NC 27517
(919) 932-8818; FAX: (919) 932-8829
slerner@bluehillgroup.com

Sallie Shuping-Russell (Sallie)
Elected 2007; term ends 2015
BlackRock
2200 West Main Street, Suite 500
Durham, NC 27705
(919) 416-6860; FAX: (919) 416-6861
sallie.shuping.russell@blackrock.com


John L. Townsend III (John)
Elected 2009; term ends 2013
101 Park Avenue
48th Floor
New York, NY 10178
(212) 984-2460; FAX (212) 984-2501
John.townsend@tigerfund.com
Johntownsend829@msn.com


Felicia A. Washington (Felicia)
Elected 2009; term ends 2013
K&L Gates LLP
214 N. Tryon St., 47th Floor
Charlotte, NC 28202
(704) 331-7466; FAX (704) 353-3166
Felicia.washington@klgates.com

Nekochan wrote:OK, I read the article again. Unfortunately, I think the State of North Carolina will prevail. I think that it's wrong for any state to treat illegals better than U.S. citizens. But if she wanted to claim North Carolina as her state of residence, she should have been paying taxes there...

But Perez said the appeal process consisted of appearing before a 15-member panel at the school's vice chancellor’s office, where her request was denied. She said she later learned that the denial was based on the fact that she had not paid income tax in North Carolina in the years in which she was in Iraq and Texas.

Read more: http://www.foxnews.com/us/2012/10/16/university-north-carolina-denies-iraq-vet-in-state-tuition-while-considering/#ixzz29TsOGm9F

If she was in a combat status in Iraq her pay would have been tax exempt therefore that requirement for paying state taxes should have been waived.

Duty in Iraq makes you exempt from paying state income tax?
Even so, she did not pay income taxes to North Carolina while she lived in Texas.

I do not like any U.S. citizen being treated 2nd class, to illegals, in any state. Military or not, I think it's not right.

However, if you are going to claim residency in a state while living in another state, you must pay income taxes in the state you're claiming residency in. Being active duty, living in Texas, while claiming North Carolina as your resident state does not exempt anyone from paying income tax in North Carolina.
I am sorry to say that I understand the State's point on this particular issue.

Something else is strange about this story. She says she's lived in North Carolina for the past 2 years. Most states will grant residency status after living there for 12 months.

I think the story doesn't add up. Maybe when she lived in Texas, she claimed residency status in Texas in an effort to avoid income tax in NC (Texas has no income tax). And then when she moved back to North Carolina she has still been claiming residency in Texas to avoid paying income tax in North Carolina. And now that she wants to go to college in NC, all of a sudden she wants to be a North Carolina resident.

I don't know if she's being totally honest about her residency and tax issues. I am sorry for her if she really wasn't aware of the law but you cannot just not pay your state income taxes for years and then turn around and claim you're suddenly a resident.

Also, them paying property taxes in North Carolina doesn't make them residents. Everyone has to pay property taxes on property they own, no matter where they claim residency.

alecto wrote:

Nekochan wrote:OK, I read the article again. Unfortunately, I think the State of North Carolina will prevail. I think that it's wrong for any state to treat illegals better than U.S. citizens. But if she wanted to claim North Carolina as her state of residence, she should have been paying taxes there...

But Perez said the appeal process consisted of appearing before a 15-member panel at the school's vice chancellor’s office, where her request was denied. She said she later learned that the denial was based on the fact that she had not paid income tax in North Carolina in the years in which she was in Iraq and Texas.

Read more: http://www.foxnews.com/us/2012/10/16/university-north-carolina-denies-iraq-vet-in-state-tuition-while-considering/#ixzz29TsOGm9F

If she was in a combat status in Iraq her pay would have been tax exempt therefore that requirement for paying state taxes should have been waived.

Bottom line--the university has to follow State Law.

http://usmilitary.about.com/gi/dynamic/offsite.htm?site=http://www.dor.state.nc.us/DOR/


Active Military

If you are serving in the United States Armed Forces and your domicile (legal residence) is North Carolina, you must pay North Carolina income tax and North Carolina income tax should be withheld from your military pay, regardless of where you are stationed. Domicile or legal residence is an individual's permanent home. Your legal residence does not change even though you may be absent for one or more years unless you intend to change your state of residence and you take voluntary and positive actions to do so. Actions that demonstrate your intent to establish a new state of residence include: physical presence in a new location, registration of automobiles, location of bank accounts, and filing and paying local property and income tax in the new location. Without such actions, residency is not changed. A statement that a servicemember intends to carry out these actions at a later date is not sufficient.

Under the Servicemembers Civil Relief Act, if you are a legal resident of another state who is stationed in North Carolina on military orders, you will not be taxed on your military pay by North Carolina. However, if you receive income from non-military employment, tangible property or a business located in North Carolina, you must pay the North Carolina tax on that income.

Military Spouse Income: The Military Spouses Residency Relief Act of 2009 amended the Servicemembers Civil Relief Act to provide that a servicemember’s spouse shall neither lose nor acquire a residence or domicile in a state when the spouse is present in the state solely to be with the servicemember in compliance with the servicemember’s military orders if the residence or domicile is the same for both the servicemember and the spouse. Therefore, effective for tax years beginning in 2009, the income earned for services performed in North Carolina by a spouse of a servicemember who is domiciled in a state other than North Carolina is not subject to North Carolina income tax if (1) the servicemember is present in North Carolina solely in compliance with military orders; (2) the spouse is in North Carolina solely to be with the servicemember; and (3) the spouse is domiciled in the same state as the servicemember. All three conditions must be met to qualify for exemption.

If you are the spouse of a servicemember who is legal resident of North Carolina, the Revenue Department does not assume that you are a North Carolina resident because of marriage. Your residency is based on your individual circumstances. If you filed a joint federal return and one of you was a nonresident of North Carolina who had no North Carolina taxable income, you may file a joint State return. However, you still have the option of filing your State return as married filing separately. If you choose to file a separate North Carolina return, you must complete either a federal return as married filing separately reporting only your income, deductions, and exemptions, or a schedule showing the computation of your separate federal taxable income and attach it to your North Carolina return. You must also include a copy of your joint federal return unless your federal return reflects a North Carolina address.

To order the forms you will need to file your return, you may call toll-free at 1-877-252-3052 or go to our Forms Ordering page.