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    iadx's Avatar
    iadx Posts: 3, Reputation: 1
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    #1

    Mar 27, 2010, 03:48 PM
    F-1 Student - OPT - NY Tax - Treaty - Moving expenses
    Hello, I've got a few questions about my tax return.

    1) I have a F-1 Visa and I am currently on OPT in NY. I have had my F-1 Visa for one year and a half, and I have been on OPT since last June (I then moved from California to NY). My country has a tax treaty with the US. Thus I am allowed to subtract 5000$ to my wages on my 1040NR form. But is it also the case for my NY state return? From what I know, it should be OK because NY seems to recognize the federal tax treaties. But in this cases, how do I justify the fact that the wages I write on my state tax return are not the same as what is written on my W-2 form (5000$ less)? They have no way to know it according to the tax return form!

    2)My studies ended last June. I was in California. Then I moved to NY to start working (OPT). The thing is, I had to go back to my home country to move a lot of stuff from there to NY. What am I allowed to consider as a moving expense in this case? The flight from my home country to NY?

    3)I heard that the regulation changed last year in NY: even when you're a F-1 student on OPT, if you rent an apartment in NYC, you are considered to be a resident (even if your domicile is outside NY and even if you think tour job in NY is temporary). However, as I stayed less than 184 days in NY, I am not a full-year resident. Am I a nonresident or a part-year resident? If I'm a part year resident, it is a bit unfair to see that I will have to pay more taxes than a full-year resident because the deduction to the NY city tax is prorated. Is there a way to deal with this?

    Thanks in advance
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
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    #2

    Mar 28, 2010, 01:14 AM

    2. You moved from CA to NY-- not from your home country to NY.
    3. You are part year resident of NY.
    iadx's Avatar
    iadx Posts: 3, Reputation: 1
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    #3

    Mar 28, 2010, 08:34 AM

    Thanks! Unfortunately it looks like I won't be able to deduce moving expenses this year...

    Regarding my first question, does someone have an answer?

    And about my third question, thank you MukatA. However, would it be lawful for me to fill my tax return as a full-year resident?

    Thanks again
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    May 4, 2010, 01:08 PM
    On the Form IT-203, there is a line for "other income" similar to Line #20 on the Form 1040NR and Line #21 of Form 1040.

    Enter -$5,000 and put TAX TREATY EXEMPTION on the dotted line to the left of the column to account for the $5,000 treaty exemption.
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