(1) A student is financially independent if the student:

(a) Has not been claimed as a dependent exemption on an income tax return for the calendar year immediately prior to the year in which the student applies for resident status and will not be claimed as a dependent exemption on an income tax return for the calendar year in which the student applies for resident status; and

(b) Has not received and will not receive significant financial assistance in any form directly or indirectly from the student's parents, relatives, legal guardians, or others for the calendar year immediately prior to the year in which the student applies for resident status and for the calendar year in which the student applies for resident status.

(2) To consider a claim that a student is financially independent, the institution may require such documentation as deemed necessary including, but not limited to, the following:

(a) The student's sworn statement.

(b) A true and correct copy of the state and federal income tax returns of the student for the calendar year immediately prior to the year in which the student applies for resident status.

Should a student not have filed a state or federal income tax return because of minimal or no taxable income, documented information concerning the receipt of such nontaxable income may be submitted.

(c) A true and correct copy of the student's W-2 forms filed for the calendar year immediately prior to the year in which the student applies for resident status.

(d) Other documented financial resources, which may include but are not limited to the sale of personal or real property, inheritance, trust funds, state or financial assistance, gifts, loans, or statement of earnings of the student's spouse.

(e) A true and correct copy of the first and signature page of the state and federal tax returns of at least one of the student's parents or legal guardians for the calendar year immediately prior to the year in which the student applies for resident status.

The tax returns disclosure shall be limited to the listing of dependent exemptions and the signature of the taxpayer and shall not require disclosure of financial information contained in the returns.

(f) A student whose parents are deceased or who has been made an official ward of the court may be required to provide documentation attesting to the fact of such circumstances.

(g) Evidence of coverage for medical, life, automobile, and property insurance.

(3) To aid institutions in determining the financial independence of a student whose parents or legal guardians do not provide the documentation because of total separation or other reasons from the student, documentation clearly stating the student's status and relationship with the student's parents or legal guardians from a responsible third person, e.g., family physician, lawyer, or social worker may be submitted.

(4) To be considered financially independent, a student must demonstrate by evidence satisfactory to the institution that the student has met, through the student's personal income, living expenses for the calendar year immediately prior to the year in which the student applies for resident status and for the calendar year in which the student applies for resident status. Living expenses include expenses associated with college tuition. Financial aid grants, scholarships and loans authorized by the financial aid office in the student's name may be considered as personal income. Personal loans, parent PLUS loans, gifts, and cash earnings shall not be counted as income in this calculation.

(5) A trust or other account available to the student shall be considered evidence of financial dependence. If the account was created before the student entered high school, there shall be a rebuttable presumption of dependence.

(6) Information submitted by the student to the institution on the financial aid form may be used to affirm the authenticity of information submitted on an application.

(7) In all cases, the burden of proof that a student is financially independent lies with the student.