[sravanth]

Hi,

I'm on H-1B status.I work for a Delaware Consulting Company.For full of 2006 I worked in Newyork City at the client location.My residence was in Kansas till October and NJ for November and December.What state returns do I need to fill?


My consulting company has deducted Delaware Taxes in my w-2.

Thanks
Sravanth

[AtlantaTaxExpert]

You will need to file NY, NJ and Delaware state taxes for sure. Maybe Kansas as well.

[sravanth]

Thanks a lot.One more question my employer(Company through which My paycheck was ran) didn't deducted any Kansas or Delaware Taxes.Do I still need to fill Delaware and Kansas state returns.

[AtlantaTaxExpert]

Okay, I got the impression that he had withheld Delaware taxes. Delaware has no claim to your paycheck; the only reason you were filing for Delaware was to get all your money back.

Did you maintain an apartment in Kansas while work all the other places? If not, you can argue that you changed residency from Kansas to NY and NOT file taxes there.

[sravanth]

Thanks a lot,

I didn't had any apartment in Kansas after I moved.I was keeping all my stuff in my friends place.Thus I can just say that I lived in Newjersy for the whole year.

My employer didn't deducted any state tax--But in the w-2 Box 16 for Employer State ID number Only for Delware a State ID number is given.

Can I just file for Delware Non Resident and NJ Resident in this case with out filing for Newyork State.Is this legal?

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Is there any way that I can deduct the Perdiem without any receipts.

Thanks a lot

[AtlantaTaxExpert]

No, it is NOT legal. If you worked in NY, NY wants its "pound of flesh", and the NY tax authorities are very good at their jobs.

Yes, you can use per diem without receipts. That's the entire idea behind the per diem concept. You can find the rates in IRS Pub 1542.