mchoppin
Apr 14, 2010, 06:20 PM
Hello,
I am not sure if I should file it201 or it203
I am a German graduate student at a NY University. I entered the US on an F1 visa on January 5th 2009 in NYC. I live in an apartment provided by the university that is not available for the public rent market.
My University withheld taxes (federal, state and city) on my scholarship and I want to claim the US-Germany tax treaty article 20(3).
I understand that I am considered non resident alien for 5 years for federal tax purpose and I think I am considered resident for state tax purposes because I lived in NY for more than 11 months but I am not sure about this second part. Mostly because I don't understand the definitions of residence, permanent place of abode etc.
-I read in some of the posts here that residency also depends on intention to leave the country
-I heard that graduate students claiming a tax treaty should file it203 but I don't see an official statement for that?
e.g. a website from university at albany says that students should file 1040NR and it203: http://hr.albany.edu/content/INTERNATIONAL_TAX_FAQ.ASP#Q11
Should I file it201 or it203 in order to claim the tax treaty?
I am not sure if I should file it201 or it203
I am a German graduate student at a NY University. I entered the US on an F1 visa on January 5th 2009 in NYC. I live in an apartment provided by the university that is not available for the public rent market.
My University withheld taxes (federal, state and city) on my scholarship and I want to claim the US-Germany tax treaty article 20(3).
I understand that I am considered non resident alien for 5 years for federal tax purpose and I think I am considered resident for state tax purposes because I lived in NY for more than 11 months but I am not sure about this second part. Mostly because I don't understand the definitions of residence, permanent place of abode etc.
-I read in some of the posts here that residency also depends on intention to leave the country
-I heard that graduate students claiming a tax treaty should file it203 but I don't see an official statement for that?
e.g. a website from university at albany says that students should file 1040NR and it203: http://hr.albany.edu/content/INTERNATIONAL_TAX_FAQ.ASP#Q11
Should I file it201 or it203 in order to claim the tax treaty?