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View Full Version : F1 student from India- Am I except from NYC taxes?


PSMNY
Mar 23, 2009, 08:12 AM
Hi,

I am a student from India, studying in New York City. I am aware that I need to pay New York State taxes, but am I exempt from paying New York City taxes?

Thanks!

ebaines
Mar 23, 2009, 02:22 PM
NYC taxes apply to NYC residents. So if you live in NYC then you are not exempt from them.

MukatA
Mar 23, 2009, 03:34 PM
I am not sure but I think I am correct "Foreign students attending school in NYC are not residents of NYC. So they do not pay NYC taxes."

ebaines
Mar 24, 2009, 05:48 AM
I am not sure but I think I am correct "Foreign students attending school in NYC are not residents of NYC. So they do not pay NYC taxes."

I think this epends on wherethe income originates from. In general a student living "temporarily" in a state to attend school there is not considered a resident and so does not owe income taxes in that state, unless they have income from that state. In my answer I assumed (perhaps incorrectly) that the OP has NY wages, in which case NY State and City taxes are due.

AtlantaTaxExpert
May 14, 2009, 11:09 AM
ebaines:

I have had several clients successfully appeal the NY city tax assessment on the basis that foreign students (foreign being defined as any student, U.S. or international, who came to NY city for the sole purposes of attending school) is, by law, defined as being a non-resident of New York City, even though they lived within the NY city limits.

They just had to prove to the state tax authorities that their permanent home was somewhere other than NY City. For international students, that was easily done by providing a copy of their visa.