[kptl2005]

Hi,
• I am in usa since Aug 2007 on F1 visa.
• USA since Aug 2007 on F1 visa
• Studies completed in June 2009
• 1 year OPT period July 2009- July 2010 (unpaid internship Aug 2009-may 2010)(paid internship may2010-oct2010. I got wages on per diem.)
• Currently, I am on OPT EXTENSION

Q.1) before 2010 year, Because of no income I never file for tax or any other form like 8843 before. During paid internship my consultancy company is in nj and for a client project I worked in Minneapolis. I always stayed in NJ accept those 5 months in Minneapolis. I can see from my w2 and payroll my company deduct NJ TAX, NJ SUI/SDI TAX AND FEDERAL TAX. I am single and no dependents. Am I considered as resident or non resident alien for tax? Which forms should I file?

Q.2) I crosschecked and I found that w2 I received which shows less amount for wages (box1) than year to date wages showed in my last payroll I received for year 2010. What should I do in this case?

Q.3) If I need to file form 8843, then should I exclude those days that I actually visited India 2 times?

@.4) I paid myself travel expenses during client work. Do I have to pay NJ SUI/SDI tax? Can I get any tax benefits?

I read article 519 and 1040NR-EZ, 1040NR, 8843 instructions but I am still confused. Please guide me in this situation. I am really really thankful to you.

[AtlantaTaxExpert]

1) You are a non-resident alien for federal tax purposes, and should file Forms 1040NR or Form 1040NR-EZ plus Form 8843 for 2010.

2) Contact your employer to verify if the W-2 is correct. If it is NOT correct, have the employer issue you a corrected W-2 (Form W-2C).

3) Yes.

4) You are considered NON-RESIDENT in both New Jersey and Minnesota. You are liable for NJ SUI/SDI and state income tax for the work done while located in New Jersey. You are liable for Minnesota income tax for the 5-moth period you worked in Minnesota.

If you need professional help filing your return, email me at [email protected] or [email protected].