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milkway
Feb 15, 2011, 05:25 AM
Hi there,
I worked in NYC under F1 visa with OPT in Jan-Aug2008 after when I left the USA,
I lived in NYC in Jan-Jun2008 and lived in Jersey City in July-Aug2008. My bonus for 2008 was credited to my US bank account in 2009 with Fed and NJ state tax withheld. So my questions are:
1. do I need to file both NJ and NY state tax forms for 2008? Which form should I use to do the tax return?
2. which form should I use to do Fed tax return for 2008?
3. do I need to file pay any state tax for 2009? Which form should I use to do the tax return?
4. do I need to pay fed tax for 2009? Which form should I use to do the tax return?
Sorry for these silly questions. Never did this by myself before.
Thanks!

AtlantaTaxExpert
Mar 8, 2011, 02:04 PM
1) Yes; you need to file part-year returns for both NJ and NY; Form NJ1040 for NJ and IT-203 for NY.

2) Form 1040NR or 1040NR-EZ for the federal return, plus Form 8843.

3) You MAY be able to make the argument that, since you spent NO time in NJ in 2009, you owe them NO taxes. It's worth a shot; all they can do is say NO!

4) For sure, you have a federal income tax liability for 2009, because the money received was deferred compensation for work done in 2008. You will have to file Form 1040NR to get a refund of any over-payment of taxes.

If you need professional help filing your return, email me at [email protected].