S.C. Code Regs. § § 62-606

Current through Register Vol. 48, No. 10, October 25, 2024

Section 62-606 - Maintaining Residence

A. A person's temporary absence from the State does not necessarily constitute loss of South Carolina residence unless the person has acted inconsistently with the claim of continued South Carolina residence during the person's absence from the State. The burden is on the person to show retention of South Carolina residence during the person's absence from the State. A person who obtains indicia in another state after leaving the state is demonstrating intent to be a resident of that state. Steps a person should take to retain South Carolina resident status for tuition and fee purposes include:

(1) Continuing to use a South Carolina permanent address on all records;

(2) Maintaining South Carolina driver's license;

(3) Maintaining South Carolina vehicle registration;

(4) Satisfying South Carolina resident income tax obligation. Individuals claiming permanent residence in South Carolina are liable for payment of income taxes on their total income from the date that they established South Carolina residence. This includes income earned in another state or country.

B. Active duty members of the United States Armed Forces and their dependents who are permanently assigned to a state outside of South Carolina on active duty are eligible to pay in state tuition and fees as long as they continuously claim South Carolina as their state of legal residence during their military service. Documentation will be required in all cases to support this claim, including an official Leave and Earnings Statement (LES) demonstrating South Carolina as the member's state of legal residence. South Carolina residents who change their state of legal residence while in the military lose their South Carolina resident status for tuition and fee purposes.

S.C. Code Regs. § 62-606

Added by State Register Volume 18, Issue No. 4, eff April 22, 1994. Amended by State Register Volume 28, Issue No. 6, eff June 25, 2004; State Register Volume 32, Issue No. 6, eff June 27, 2008; State Register Volume 33, Issue No. 6, eff June 26, 2009; State Register Volume 42, Issue No. 03, eff. 3/23/2018; State Register Volume 44, Issue No. 06, eff. 6/26/2020; State Register Volume 46, Issue No. 05, eff. 5/27/2022.