Registrar's Office

• | Undergraduate Graduation
• Academic Record
• Registration
• Residency
• Dates & Deadlines

Establishing Domicile

• 
  • Calendars
  • Catalogs
  • Final exam schedule
  • Registration Handbook
  • Staff
  • Student Privacy
  • Voter Registration
  • Webster

• Residency:
• Student Responsibilities
• Establishing Domicile
• Emancipated Minors
• Classification Procedures
• Military
• Residency Self Test
• Colorado State Statues for Tuition
• Forms for Residency

Search

Basically, domicile for tuition purposes has two parts: 1) physical presence within the state, and 2) intent to make Colorado one's true, fixed, and permanent home and place of habitation. A person is eligible for in-state tuition classification by providing clear and convincing evidence of intent by establishing physical connections with the state of Colorado such as:

• Driver's license, as governed by the Colorado Motor Vehicle Operator's Licensing Law.

• Automobile license plates, as governed by the Colorado Motor Vehicle Registration Law.

• Voter Registration. Though voting is not required by law, it is nonetheless an indicator of one's intent to create a domicile.

It is the petitioner's responsibility to be fully informed of one's duties under these laws. Non-compliance with these laws establishes a negative presumption of one's intent to make Colorado one's permanent home and may be weighed against affirmative evidence of a Colorado domicile. If one does not drive in the state, one may nevertheless want to obtain a Colorado driver's license to demonstrate one is willing to relinquish the previous domicile and establish a new one in Colorado. Also, one may obtain a Colorado ID card for identification purposes from the Motor Vehicle Division.

• Permanent, full-time, off-campus employment and payment of Colorado state income taxes through the filing of a Colorado state income tax return by persons whose income is sufficient to be taxed are considered highly persuasive evidence of intent to make Colorado one's permanent home.

  The petitioner is responsible for being fully informed of the Colorado State Income Tax laws, and may contact the Department of Revenue, State Capitol Annex, Room 204, 1375 Sherman Street, Denver, Colorado 80203, or telephone (303)534-1209, for information. Basically, a person is required by law to pay state income tax to the domiciliary state and to file state income tax returns at the end of each year if one's income is sufficient to be taxed. Failure to comply with income tax laws weighs heavily against a person's declared intent to make Colorado one's permanent home.

  Payment of real estate taxes is not considered very persuasive evidence of Colorado domicile, since people often own real estate in many different states.

• Any other factors which are peculiar to the individual which tend to establish the necessary intent to make Colorado one's permanent home, such as a license to practice a profession in Colorado or orders from a physician to seek out a drier climate for health reasons are considered. Bank accounts, seeking dental or medical care, or marrying or divorcing in the state are usually matters of convenience because one happens to be present in the state and are not the kinds of connections with the state that show intent to make Colorado one's permanent home. Leases and rent receipts prove only physical presence and do not qualify as proof of connections with the state.

There is no formula or checklist to follow in establishing domicile. In order to establish a domicile for tuition purposes, there must be proof of physical presence within the state and several of the above mentioned connections with the state, approximately a year prior to the first day of classes for the term for which a change is sought.

Determination of domicile is a subjective decision requiring analysis of each petitioner's individual evidence of domicile, not a checklist or formula to be blindly followed. A change in tuition classification will be made when the University official is convinced that physical presence and connection with the state have occurred at least 12 months prior to the start of the semester for which the applicant is petitioning. The change in classification will take effect at the next registration period, never mid-semester. Again, these connections need to have been made at least one calendar year prior to the beginning of the school term for which the individual is seeking reclassification as an in-state student for tuition purposes.

Generally, physical presence (as shown by rent receipts, leases, or statements from landlords) plus one connection with the state will not be sufficient to establish domicile. Several connections are necessary, and the more connections that are made, the greater likelihood a person will qualify for residency. There is no specific number of connections which assures a favorable outcome. Classifications which are not challenged or appealed within the time allowed for challenges will remain final. Evidence entered after the filing deadline will not be taken into account for that academic term.

THERE IS NO PROVISION IN THE TUITION STATUTE FOR RETROACTIVE COMPLIANCE.

The state statute does not allow the Tuition Classification Officer to be flexible with the established dates in determining whether or not a domicile has been established for residency status for any given semester. You are cautioned that retention of out-of-state connections weaken the evidence of intent to make Colorado your permanent home. In addition, the only authorized information regarding residency for tuition purposes comes from the Tuition Classification Officer at the University, and the Officer is not bound by any misinformation given by other persons.