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opt visa status
Jun 26, 2008, 07:18 AM
I just got my Notice of Adjusted Refund in the mail a few weeks back, and instead of the big refund I was expecting, I got hit with a NYC Part-Year Resident Tax and didn't get my NYC Income tax refunded. I thought I was not supposed to pay NYC Part Year Resident Tax or NYC Income Tax while I'm on an OPT visa. Thoughts? Thanks!

AtlantaTaxExpert
Jun 26, 2008, 08:59 AM
Contact the NY City tax authorities and tell them that you were an international student on a F-1 visa. That fact was probably NOT clearly explained when you filed the tax return, and they are merely reacting to your NYC address on the tax return. The fact that students from out of state or country attending school within NYC limits are NOT NYC residents is black letter law. You may need to prove your student status with a copy of your visa and a memo from your university.

Once you make your situation clear to them, they will reverse their decision and give you the refund due.