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devang21 · Feb 22, 2006, 01:24 PM

Hi

I had one doubt before I call for clarification about it to my HR. The problem is in my w2 form box 16 which should contain income earned from NY state but it shows my total income i.e. it also includes the income which I earned in the state of Texas. If I am not wrong Box 16 should only contain the income earned in the state of NY and not the total income. Please advise me if I am wrong.
In short since I've earned income from two different states the value in Box1 and Box 16 should be different, am I right?

Thanking in advance,
Devang

PS: In my w2 form there is small note which is as follows:
New York requires total Federal wagesto be reported in Box 16 --does this statement mean that box 16 should also contain the 2005 income even though I didn't earn in NY state, because of this I get less refund from State tax.

AtlantaTaxExpert · Feb 22, 2006, 03:30 PM

Devang:

Even though the total income is reported in Box 16, you need only report the NY-based income when you file as a part-year resident of NY. I just got done dealing with a similar problem with one of my clients.

Assuming you know what you earned in Texas and what you earned in NY, making the distinction on the return is not too difficult.

devang21 · Feb 22, 2006, 04:52 PM

Ya there is some seggregation given in the part which is to be kept with me(I hope you understood what I meant) about the NY. State Wages,Tips, Etc. and there it's written Box 16 of W2 but it shows the box 1 amount in box 16 which includes Texas income too.
So my question is if I show the NY income in my state return then how'll they know about my income from NY because the copy which I'll be attaching with my return has the total income from both the states in Box 16, do they have some way to find out my NY income? Or do I've to attach the copy of my w2 form to show them the proof of my NY income? Or is this w2 form not right? If yes, should I ask my employer to issue me a w2 form with correct amount in box 16 rather than showing my total income from 2 states?

Please help me with this is such a big mess.

AtlantaTaxExpert · Feb 22, 2006, 09:30 PM

Attach the copy of the W-2 which segregates the income between NY and TX. They'll get the idea!

devang21 · Feb 27, 2006, 10:11 PM

Thanks a lot!

Not to burden you with much but some of my colleagues here went to H&R Block for filing their returns and they asked them to file as non resident even though they were here since May,2005. Are they right?

Can you tell what all forms are to be filed for NY state tax as Partly resident?
I read that there are some other forms to be filed if we've W2 forms and extension form(since I'm waiting for my wife ITIN #)

Thanking again!
And keep up the good work I think many of us got lot of help in filing through this forum.

AtlantaTaxExpert · Feb 28, 2006, 09:35 AM

No, they are not right. If you were in country on a H-1 or H-1B visa since May 2005, you were clearly in country for more than 183 days and qualify to file as a resident alien under the Substantial Presence Test.

There is a non-resident/part-year resident NY state tax form; I believe it is IT-203, but I am not sure off the top of my head. Access the NY state website to review the available tax forms.

I am sure that NY state has an extension form, but if you are getting a refund, filing it really is not required, as you have already paid the tax.

smiley55 · Mar 26, 2012, 01:35 PM

I just want to add a point here with the partial knowledge I have w.rt taxes filing in US.

For your query of : some of my colleagues here went to H&R Block for filing their returns and they asked them to file as non resident even though they were here since May,2005. Are they right?

Ans: This could be because they were not exactly resident of NY ( a guess). They were working in NY and staying in NJ. Then applying non-resident could be appropriate.

Pardon me if I am wrong in the provided info. Thanks.

AtlantaTaxExpert · Mar 26, 2012, 07:58 PM

You DO know you are responding to a post that is OVER six years old, right?