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zathura
Jan 21, 2006, 09:09 AM
I was in F1- OPT from feb 1 of 2005 and got employed by a firm in NJ and am working as a IT tech support for a client in Nashville ,TN. I have been living in TN for about an year now. I have been paying the federal tax (15%) and also the NJ state tax till date. From August I have transferred to an H1 visa after which I've been paying the other required taxes too.
I would like to know :
1.if I have to pay all the 15% fedtax during the OPT period since I'm a student and also since I'm from india do I get the std deduction? If so what amt? I haven't left us in 2005.
2. can I claim a full /partial refund for the NJ tax as as I was physically working and staying in TN though my source is from NJ.
3. or do I have to pay tax for both states i.e. state of source of income and state of residence and work.
Any help would be highly apprciated. Thank you.

AtlantaTaxExpert
Jan 21, 2006, 07:39 PM
Zathura:

1) You must file a tax return to settle your taxes. If you check several other postings, you will be able to review the three options available to you:
- File as a non-resident alien (for 1040NR)
- File as a dual status alien (Form 1040 with 1040NR attached as a statement).
- File as a resident alien (Form 1040) sometime in March.

Regardless of which way you choose, you can claim the standard deduction of $5,000.

2 & 3) Because you worked and lived only in Tennessee, you owe zero NJ tax. Instruct your employer to stop withholding NJ tax. File a NJ tax return as a non-resident to claim a refund of all taxes withheld. Since TN has no income tax, no state taxes should be withheld henceforth.