[tax_confused]

Hi,

I am a nonresident for federal tax purposes, although I have lived in the US for more than a year, because I have excluded the days that I was here under J1 (my current status is H1B). I have the following questions:

1. Do I have to report the interest I gained from my US bank account on form 1040NR?

2. My bank has not sent me form 1099, since they know I am a nonresident. Should I still ask for it?

3. Since the state of California defines residency in a different way, is it possible that I am considered a resident for state tax purposes?

4. If the answer to 3 is yes, should I file form 540 instead of 540nr, although I will file 1040nr for my federal taxes?

5. What about my bank interest and form 1099 in this case?

Thanks!

[AtlantaTaxExpert]

1 & 2) No.

3 & 4) Yes.

5) Claim the bank interest on your California return, because California does NOT honor any treaty exemptions.