Hi all,

I have been charged NY state Resident tax on my tax return for 2010. I was on F1-status (OPT status) for the whole of 2010. I think I qualify as a Non resident. Is that correct and if so what proof can I send to the NY State tax department to show that I should be treated as a Non resident for Tax purposes?

Thanks

Subject should read New York State

For federal returns, you are nonresident for 5 years.
For state you are resident of the state during the period you live in the state. You will pay state income tax.