I am currently working in NYC under a F-1 (OPT) visa, well within the 5 years limit.

I am a non-resident for federal tax purposes, but I am not certain about my situation in NY state and NYC.

I have read that people in my situation are not responsible for NYC taxes before they (as me) do not have the intent of staying in NY state/ City long-term. Actually I will have to leave the US next July.

Reading the NYS legislation however it is not clear to me if I am a resident or not. I know that a CPA helping some friends of mine in the same situation states that we are not residents and should get withholdings back.

Could anyone give some light on this situation and if there is any legislation supporting the case?

Thanks in advance
Luis

You will pay NY state income tax but international students present in NYC for school do not pay NYC taxes.