[vivai]

Hello,

I was in FL from Feb 2006 to June 2006 on L1. My employer who is headquartered in NY, has given me the W-2 form with taxes deducted in NY. I have following queries:

1. I never stayed at NY. I just visited my NY office for opening bank account and SSN.
My work location was FL. I understand that FL does not have any state income taxes. So is there a way in which I can claim the entire state refund as NY taxes are not applicable to me. Note: my W-2 form shows my address in FL.

2. In case, I decide to file state return for NY, then
- What should be my resident status? While filling tax online, I came across some options like Resident, Part Resident, Non Resident Alien, etc. Which one do I choose?

- My wife was in India during my stay in FL. What should I choose as marital status? I had the options as married filing jointly, married filing separately?

- Also if I choose either of this options, wife's SSN is asked during filing returns. Is it mandatory? Since she was in India, she has no SSN?

Please guide on this.

[AtlantaTaxExpert]

1) You have NO NY state tax liability. File the return as a non-resident and claimZERO NY income. You will get a full refund of NY taxes withheld

2) You are a non-resident for NY state with NO NY-based income.

You CAN file jointly.

You will need to apply for an ITIN using Form W-7 when you file your federal return. You must wait for the ITIN before filing your state returns.

[vivai]

1) You have NO NY state tax liability. File the return as a non-resident and claimZERO NY income. You will get a full refund of NY taxes withheld

2) You are a non-resident for NY state with NO NY-based income.

You CAN file jointly.

You will need to apply for an ITIN using Form W-7 when you file your federal return. You must wait for the ITIN before filing your state returns.

Thanks for your reply. How do I claim this NY taxes? I am planning to file my returns online using turbotax, etc. While doing so, what should I mention so as to claim the entire NY returns.

I tried using this online tax tools and found that out $640 NY State Taxes only $386 are refunded. So what is the solution to claim this entire 640?

[AtlantaTaxExpert]

You must enter the NY return on Form IT-203 that NONE of the income is NY-based income.

THAT will get you a 100% refunbd of all taxes withheld.