Hi,

I have been living in New York city for 2 and half years and am currently holding an H1B visa. I filed my last 2 tax returns as a non resident for New York, and was able to get a full refund of my New York city tax.

My question is I'm not sure if I can still file as non resident and get my New York city tax back for my third tax return, or if this was only possible for my 2 first tax filings only.
I have heard conflicting reports that an H1b visa holder living in New York city can get a full refund of his new york city tax for 2 years or for 3 years. Obviously, I did get my tax back for the first two years - now I'm not sure if I can still do so for the 3rd year.
Thank you for your advice.

Lothaire

AtlantaTaxExpert

Lothaire:

You may need to consult with a local NYC-based tax professional.

To my knowledge, nonresident aliens living in NYC are treated exactly like U.S. citizens who live in NY. They pay the same state and city income taxes.

Add to that the fact that you are NOT a nonresident alien and have not been since 2004. As a H-1B visa holder, you are a resident alien and are subject to the same taxes as any U.S. citizen.

The fact that the 2003, 2004 and 2005 tax returns were processed does not mean they were done correctly. If the NYC and NY state tax authorities figure out that you filed as a non-resident of NYC when in fact you have been living in NYC, they will come back to you and rather insistently request that you pay your taxes, plus penalties, plus interest.

That is a rather unpleasant experience.