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    dhanvin's Avatar
    dhanvin Posts: 3, Reputation: 1
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    #1

    Feb 21, 2011, 07:38 AM
    Should I file New York State Tax Return as Non Resident or Resident?
    Hello,

    I am an IT engineer on L1 Visa from India. I came to USA on 16th October 2010. I have a job in New York state. Since 16th October 2010, I have been staying in Syracuse, NY. I have a W-2 form from my employer which mentions State 'NY' in box 15, State wages around $11,000.00 in box 16 and State income tax $550.00 in box 17. I know that my status is "Non-Resident Alien" in federal return and I am going to file 1040NR-EZ form. But I do not know whether I am resident or non-resident/part year resident for NY State and which form should I fill up for state return.

    Thank you,
    Dhanvin.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #2

    Feb 21, 2011, 08:01 AM

    You are a resident of NY state, since that is where you live (the term "resident" as it applies to state taxes is different than for federal taxes). However for 2010 you were a resident of NY for only part of the year - namely from October 16 on. So you should file NY State income tax form IT-203, which covers part-year residents of NY State.
    dhanvin's Avatar
    dhanvin Posts: 3, Reputation: 1
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    #3

    Feb 21, 2011, 09:33 AM
    Comment on ebaines's post
    Thank you very much ebaines.
    Dhanvin.
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