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    dineshisbest's Avatar
    dineshisbest Posts: 5, Reputation: 1
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    #1

    Mar 7, 2009, 05:16 PM
    Capital Gain Tax liability in Georgia State
    Hi,

    I am a F1 student, non-resident for taxes purpose. Last year I received 2 W-2s and a 1099-B. I have filled my federal taxes and want some help for Georgia state tax. How do I report my capital gain income (1099-B) foe the state tax purpose?
    dineshisbest's Avatar
    dineshisbest Posts: 5, Reputation: 1
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    #2

    Mar 7, 2009, 09:02 PM
    Did some more searching and found out that what I need to know is that what is my "state" tax liability is for the income Not effectively connected to US trade or business. I am a Indian and Non-resident alien for the US tax purpose.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
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    #3

    Mar 7, 2009, 10:08 PM

    You will report your W2 income and 1099-B income to the state. For state return, you are resident for the period you lived in the state.
    dineshisbest's Avatar
    dineshisbest Posts: 5, Reputation: 1
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    #4

    Mar 8, 2009, 12:16 PM

    But my university host state-tax workshops for international student and always ask to file as a non-resident (I am talking about Georgia). So I think I should file as a NR. Additionally being a NR alien, I have to pay flat 30% federal tax for income not effectively connected to US trade or business and it is calculated on a separate schedule is not included in the federal adjusted gross income.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #5

    Apr 30, 2009, 12:49 PM
    Dinesh:

    I certainly hope you did NOT pay 30% capital gains on the Form 1099-B capital gains, because your 1099-B was effectively-connected income and should have been reported on Schedule D and page 1 of the Form 1040NR and NOT on page 4.

    Instead of paying 30%, you probably would have paid 15% and perhaps 5%, depending on your income.

    If you did pay 30%, you can fix it with Form 1040X; if you need help, email me at [email protected].
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