Ask Experts Questions for FREE Help !
Ask
    randyman212's Avatar
    randyman212 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Feb 3, 2009, 11:43 AM
    NYS residency change of status
    For 2008, I moved to NYC in late March and worked on my OPT (still on F-1 status) till October when I attained H1B1 status which I am still currently on.

    As far as residency goes, should I file as a resident or non-resident in my NYS tax return?

    I think I get a bigger refund as a nonresident but of course I'd like not to breach any laws.

    Any help with this would be deeply appreciated. Thanks!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Feb 9, 2009, 10:44 AM
    You are a part-year resident of NY state, because you moved into the state in March 2008.

    You were a NON-RESIDENT of NY city until 1 October 2008, because your F-1 student status applied until you converted to the H-1B vsa, and international students, by law, are considered non-residents of the city. Hence, your NYC income tax will begin on 1 October 2008.
    randyman212's Avatar
    randyman212 Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Feb 9, 2009, 03:07 PM

    Thanks! That clears it up largely.

    Is it any different for a H1B1 visa?
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Residency and tax filing status. [ 1 Answers ]

Below are entry and exit dates in US on H1B visa. Upon exit from US, I was back in home country India. Entry 1: 07-Mar-2006 Exit 1 : 09-Sep-2006 Entry 2: 05-Oct-2006 Exit 2 : 30-Jun-2007 I was working in New York city but stayed in New Jersey throughout the term. For 2006 return was...

F1-OPT and residency status [ 1 Answers ]

Hi: I have been in the US since 2001 August. For the year 2006, I filed the 1040 and filed jointly with my husband (who has been in the US since 2000). Both of us were on F1. For the year 2007, I was on F1-OPT and my husband was on F-1. My SSN and medicare taxes were withheld for 2007....

Residency status for taxes [ 38 Answers ]

Hello, I was on F-1 from 07/2002 - 07/2007 and then on OPT from 07/2007 - 10/2007 and now I am on H1B from 10/2007. Am I a resident for tax purposes or a dual citiizen? Thanks foe the help! Best Regards

H4 To F1 - Tax Residency Status [ 3 Answers ]

Hi, I was under H4 from 1999 to early 2007. In Mid 2007, I switched to F1. I received a Tax ID number while I was under H4. Now, my question is am I considered a resident for tax purposes for the year 2007? What about next year? My current status is F1. Thanks

My residency status [ 3 Answers ]

Here is my timeline: Jan 2001 to October 2005- F1 Student visa October 2005 to Present - H1B work visa Over the years, I have been filing 1040NR. But this year due to substantial presence test, I think I need to file 1040. Can someone please confirm?

View more questions Search