Hello,

I was in FL from Feb 2006 to June 2006 on L1. My employer who is headquartered in NY, has given me the W-2 form with taxes deducted in NY. I have following queries:

1. I never stayed at NY. I just visited my NY office for opening bank account and SSN.
My work location was FL. I understand that FL does not have any state income taxes. So is there a way in which I can claim the entire state refund as NY taxes are not applicable to me. Note: my W-2 form shows my address in FL.

2. In case, I decide to file state return for NY, then
- What should be my resident status? While filling tax online, I came across some options like Resident, Part Resident, Non Resident Alien, etc. Which one do I choose?

- My wife was in India during my stay in FL. What should I choose as marital status? I had the options as married filing jointly, married filing separately?

- Also if I choose either of this options, wife's SSN is asked during filing returns. Is it mandatory? Since she was in India, she has no SSN?

Please guide on this.

1) You have NO NY state tax liability. File the return as a non-resident and claimZERO NY income. You will get a full refund of NY taxes withheld

2) You are a non-resident for NY state with NO NY-based income.

You CAN file jointly.

You will need to apply for an ITIN using Form W-7 when you file your federal return. You must wait for the ITIN before filing your state returns.

1) You have NO NY state tax liability. File the return as a non-resident and claimZERO NY income. You will get a full refund of NY taxes withheld

2) You are a non-resident for NY state with NO NY-based income.

You CAN file jointly.

You will need to apply for an ITIN using Form W-7 when you file your federal return. You must wait for the ITIN before filing your state returns.



Thanks for your reply. How do I claim this NY taxes? I am planning to file my returns online using turbotax, etc. While doing so, what should I mention so as to claim the entire NY returns.

I tried using this online tax tools and found that out $640 NY State Taxes only $386 are refunded. So what is the solution to claim this entire 640?

You must enter the NY return on Form IT-203 that NONE of the income is NY-based income.

THAT will get you a 100% refunbd of all taxes withheld.