[amerchan]

Hello,

I had 2 quick questions:

I had no income from my university or any other income for 2005 and I was supposed to turn in form 8843 for 2005. But I failed to do so. For 2006, however, I did have an income from CPT (internship) in the summer in NYC. I am now in the process of filing form 1040NR (I have a spouse and I am Canadian) and I am also filing form 8843 for 2006. Can I attach the 2005 8843 form with 2006 8843 and 1040NR? Will I be penalized for not turning in the 8843 for 2005 in 2006? Should I send the 2005 8843 separately and earlier than the current tax return? Will it delay my refund? Will there be any delays because of it? Should I not bother attaching the 2005 form 8843 and send it separately?

In addition, during my employment, I lived in NJ, but worked in NYC. I paid NY state taxes for approximately $1600. I am a non-resident alien (F1 student), do I get the state taxes back? What form can I use to file this? I am sure I should be able to get part of these taxes back. How would I go about doing this?

Thank you so much for answering these questions. I appreciate the help...

Best,
Alex

[AtlantaTaxExpert]

Alex:

Sorry for the delay in answering; there was a glitch in the updating process on my computer.

Mail the Form 8843 separately and immediately. You need to keep your records with the IRS straight. Submitting the 2005 form with the 2006 return will only cause confusion. The late submission will NOT delay your refund.

The Form 8843 for 2006 should be submitted with the Form 1040NR.

You have to file tax returns for BOTH NY and NJ. NJ gives credit for taxes paid to NY which probably will completely offset what is owed to NJ, so no taxes will be due to NJ. You STILL have to file the NJ return, however, and you will probably get a renter's rebate for your trouble.

You MAY or MAY NOT get all the NY state taxes back. That depends on your income level.

[amerchan]

"You have to file tax returns for BOTH NY and NJ. NJ gives credit for taxes paid to NY which probably will completely offset what is owed to NJ, so no taxes will be due to NJ. You STILL have to file the NJ return, however, and you will probably get a renter's rebate for yur trouble."

Thanks so much for all the help. Quick question: On the NJ and the NY tax-returns do I put married filing joint return or married filing separate return.

Also, I have to file W7 with my tax return to get my wife's ITIN. So should I extend my NJ and NY taxes so that I file when her ITIN is here?

In addition, I know I have to file NJ1040-NR to get the NJ taxes but you mentioned that I would get at least the renters rebate. How do I claim that? There's a section on the NJ return to claim this?

Thanks in advance!
Alex

[AtlantaTaxExpert]

Alex:

File the way you filed on your federal return.

Yes, ask for an extension. If you think you will owe money, send a check to cover what is owed when you mail the extension request.

Do NOT file NJ1040-NR. The NR here applies to your STATE residency status, not your residencxy status with respect to the U.S. You lived in NJ, so you are a NJ resident in the eyes of NJ tax officials.

Yes, there is a RENT Rebate application to fill out and submit with the NJ tax return.

[amerchan]

Thanks! I am actually claiming my dependent on 1040NR and I am checking the box "Married Resident of Canada". What does this imply on my NY return then as there is no such option? There is no option on 1040NR that states married filing joint return or married filing separately so what am I in regards to the NY return. Please help. Thanks

[AtlantaTaxExpert]

The level of complexity for this is too high to answer on this forum, and I will not answer on email without compensation.