[pv_prasanna]

I stayed in NJ for 29 days along with my wife & children during 2009 & received a salary as I am categorised as Non Resident Alien based on the results of substantial presence test(<183 during 2007, 2008, 2009 & < 31 days in 2009). I am planning to file 1040NR EZ for federal return. Which form should I use for NJ State Return? I find only 1040NR form for NJ state but not 1040NR EZ.

[AtlantaTaxExpert]

The Form 1040NR for New Jersey is NOT the same as Form 1040NR for the federal government.

The states treat foreign workers different than the U.S. government, in that you are taxed the same way as U.S. citizens living within the state borders. Your non-resident status does not translate to your state tax return.

BOTTOM LINE: You are a part-year resident of New Jersey, so you should file NJ Form 1040. More than likely, you will owe ZERO taxes for 2009 due to the short-term nature of your stay.

[pv_prasanna]

I stayed in NJ for 29 days along with my wife & children during 2009 & received a salary as I am categorised as Non Resident Alien based on the results of substantial presence test(<183 during 2007, 2008, 2009 & < 31 days in 2009). I am planning to file 1040NR EZ for federal return. Which form should I use for NJ State Return? I find only 1040NR form for NJ state but not 1040NR EZ.

AtlantaTaxExpert: I stayed in US for only 29 days in NJ during 2009 & my salary earning was $6200. As my income is <10k, I need not even file NJ tax return according to NJ 1040 Instructions pdf which says "If you were a nonresident for the entire year and the amount on Line 28, Column A, is $20,000 or less ($10,000 if filing status is single or married/CU partner, filing separate return),you have no tax liability to New Jersey and no return must be filed. However, you must file a return in order to obtain a refund of taxes.

[AtlantaTaxExpert]

What you say is true, but, like the last sentence says, if you want BACK the NJ taxes that were withheld, you must file a state tax return.