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June 4, 2019
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Full Time Student Studying Abroad

  • June 4, 2019
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I moved to the UK in August 2016 (from NYC) to become a postgraduate student at a  London University. My student visa expires at the end of 2017. Do I still qualify as a resident of NY while I am living abroad? Should I enter my current UK address, or use a family member's NY address for mailing? Does studying abroad disqualify me for EIC?  I have a joint savings account now at a UK bank, while I am here - does that qualify as a foreign asset?
Best answer by MargaretL

You are a NY resident if you maintain permanent place of abode in NY state and spent 184 days or more in NY state during the year.  

It doesn't matter what address you enter, it is used for correspondence purposes.  

Studying abroad does not qualify you for the EIC, you must have earned income to qualify for the credit.

Yes, a savings account in a foreign country is a foreign financial asset -it is called Foreign Financial Account.


NOTE: You are not asking any questions regarding your postgraduate study, so I though I will provide you with some information just in case...You may be able to deduct some of your education expenses if the foreign school you attended is a qualified educational institution for education tax credit purposes. A qualified school is any college, university, or other post-secondary educational institution eligible to participate in a student aid program Administered by the U.S. Department of Education.   Please refer to the  U.S. Federal Student Aid link to check if your university is qualified educational institution for tax education purposes.

1 reply

MargaretL
MargaretLAnswer
Employee
June 4, 2019

You are a NY resident if you maintain permanent place of abode in NY state and spent 184 days or more in NY state during the year.  

It doesn't matter what address you enter, it is used for correspondence purposes.  

Studying abroad does not qualify you for the EIC, you must have earned income to qualify for the credit.

Yes, a savings account in a foreign country is a foreign financial asset -it is called Foreign Financial Account.


NOTE: You are not asking any questions regarding your postgraduate study, so I though I will provide you with some information just in case...You may be able to deduct some of your education expenses if the foreign school you attended is a qualified educational institution for education tax credit purposes. A qualified school is any college, university, or other post-secondary educational institution eligible to participate in a student aid program Administered by the U.S. Department of Education.   Please refer to the  U.S. Federal Student Aid link to check if your university is qualified educational institution for tax education purposes.

rec327Author
June 4, 2019
Thanks for the information! 1 followup Q on residency- Do i need BOTH a permanent place of abode AND have spent 184 or more days in NYS to qualify as a NY resident?  I surpassed 184 days as I moved to the UK (for educational reasons) in August 2016 (as well I was was born in NY, lived there all my life, have a NYS driver's license). But I do not own property in NYS to call my permanent abode, as I have always rented.