Hello,
As holders of H1B/H4 Visa (and filing Federal Form 1040 as a resident alien for past 3 tax years), for Wisconsin State Tax purpose, are we considered resident aliens or non resident aliens?

Thanks a lot in advance!

You are considered resident aliens.

For Wisconsin Tax purposes you are considered a Non Resident alien. Resident Aliens per Wisconsin tax rules must have a green card.

It is NOT QUITE as open and shut as lolobrigola states.

Generally, I agree with her interpretation: you ARE consudered to be non-resident is you have no green card, but, like most state tax provisions, there are exceptions.

They are too numerous to list here, but you can use the link below to read the Wisconsin Pub 122:

http://www.revenue.wi.gov/pubs/pb122.pdf

Hello,
Here is info for Non-green card holders filing in Wisconsin: It is directly form a Wisconsin Dept of Revenue auditor:

"My name is B. Sathasivam. I am an auditor with the Wisconsin Department of Revenue. Your email has been forwarded to me for response. If you are a nonimmigrant (have not been granted immigrant status by the federal government), you are considered a nonresident of Wisconsin. Please file the 2010 Form 1NPR Wisconsin Income Tax Return. Here are the links: 2010 Form 1NPR - http://www.revenue.wi.gov/forms/2010/10i-050.pdf and 1NPR Instructions - http://www.revenue.wi.gov/forms/2010/10i-152.pdf

Resident Aliens filing 1040/1040A or 1040 EZ (
Not a Green Card Holder ) can take the Wisconsin standard deduction, can file as married filing jointly, can take dependent exemptions and do not qualify for the School property tax credit as they are nonresidents of Wisconsin. 1042-S income code - 15 Not taxable to Wiscosnin ~ Scholarship or Fellowship grants.1042-S income code - 16,17,18 and 19 is taxable to Wiscosnin ~ Compensation"

So non-green card holders must file as Non-residents.