[venupogal]

Hello,

I am a student from India(living in US for 2 and half years) and I am considered a non resident alien ( I will be considered a resident only if I stay in the US for 5 years). I file 1040NR-EZ for the Federal.

I moved from South Carolina to Alabama for work on OPT on 1st October 2008. Am I considered part year resident or part year non-resident for Alabama state tax?

I meet the requirements such as moving distance and purpose. But as such according to Federal rule I am Non-resident. Can someone please tell me which rule overrides which one?

Thanks

[MukatA]

Check this post and the link posted by you
https://www.askmehelpdesk.com/taxes/...ax-336742.html

You may also check the residency requirements at Alabama state web site.

[venupogal]

Mukata,
I had asked this question because my friends who are students in Al still file the NR form for the state tax.

Form 40NR. Thanks for your time and answers.

[MukatA]

You are part year resident of AL.

[venupogal]

Thanks for your patience :)

[venupogal]

Just when I am convinced that I have to file 40NR(resident):

I get an email from Alabama Department of revenue :

Quoting their reply.

"You should file Form 40NR."


My question to them was :

I am a student from India(living in US for 2 and half years) and I am considered a non resident alien ( I will be considered a resident only if I stay in the US for 5 years). I file 1040NR for the Federal. I moved from South Carolina to Alabama for work on my student visa on 1st October 2008. Am I considered part year resident or part year non-resident for Alabama state tax? Should I file Form 40 or Form 40NR.

[AtlantaTaxExpert]

The states use different criteria for determining residency.

Based on your post, you were a NON-resident of the states of Alabama and South Carolina, not because you were an international student, but because you were a college student from somewhere OTHER than South Carolina and Alabama.

In other words, a resident of California who spend part of his college at a South Carolina college, then transferred to an Alabama college, would be treated the same way as you were treated.