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Full-year for Federal, Part-year for State ?

Asked Apr 10, 2006, 07:52 AM — 3 Answers
Hi,

I am an alien and comply with the qualification for full-year tax resident for Federal, but not with my state's where I should be considered as a part-year tax resident.
Is it a problem if my status are different for federal and state, or does my federal status "overwrite" my state status and allows me to file as a full-year tax resident for state?

Thanks a lot for your help..

PS: I double-post this question in the forum.. Sorry for any desagrement..

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3 Answers
vaya's Avatar
vaya Posts: 55, Reputation: 4
Junior Member
  
#2

Apr 11, 2006, 06:28 PM
If you are positive about your status, then I see no problem because federaltaxation and state taxation works on different rules (for convenience they are usually pretty similar, in fact are independend).

BTW, how come you are a part-year resident? Could you explain?

Vaya
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gregoryb's Avatar
gregoryb Posts: 4, Reputation: 1
New Member
  
#3

Apr 12, 2006, 07:10 AM
Hi Vaya and thank you for your answer...

I used to live in hawaii and was a legal alien & tax resident but left the US in july 2005..
For federal, I am a full-year tax resident for 2005 because of the Substancial Presence Test and the fact that I didn't have a Closer Connection to another country for tax purposes in 2005... ( => termination date = dec 31,2005)
But for Hawaii, I am a part-year tax resident for 2005...

This is why...
Thanks again...
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AtlantaTaxExpert's Avatar
AtlantaTaxExpert Posts: 19,866, Reputation: 3723
Senior Tax Expert
  
#4

Apr 12, 2006, 09:54 AM


Gregory:

Vaya is right; states consider residentcy based on physical location in the state, not on visa status.

On that basis, you are a part-year resident for Hawaii and a non-resident for the federal return.
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