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    zhutou's Avatar
    zhutou Posts: 8, Reputation: 1
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    #1

    Apr 5, 2010, 05:50 PM
    Fed resident but non-resident California state?
    I as F1 have been in US longer than 5 years, so I am resident for the Fed tax purpose. However I found that the definition of resident for the California state seems different. It mentions green card and not mentions about 5-year rules.

    While I will file 1040 for Fed, do I file for the state as resident or non-resident? It involves different tax forms.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Apr 5, 2010, 08:43 PM

    If you live in CA, you are resident or part year resident of CA.
    zhutou's Avatar
    zhutou Posts: 8, Reputation: 1
    New Member
    		  
    #3

    Apr 8, 2010, 03:09 PM

    Do I have a choose for 540NR?

    I like to file 1040 for Fed, but 540NR for State.

    For me, 1040+540 pays more tax than 1040+540NR.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    May 6, 2010, 02:28 PM
    MOST states considers student who originaite from outside of the state (either from another part of the U.S. or an international student) to be NON-resident for the duration of their studies, be they undergraduate or graduate.

    Hence, file Form 540NR.
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