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    thanthoz's Avatar
    thanthoz Posts: 4, Reputation: 1
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    #1

    Apr 13, 2009, 08:58 AM
    Resident or Non Resident for MA State? As F1 Visa/OPT - I Am Non Resident for Federal
    I have spent all my days in MA, USA for the year 2008 and about 4 months in 2007. For federal, I agree that I am a non-resident alien with respect to my visa status (F1/OPT). But how about STATE TAX? Am I a resident of MA State??

    I came to know that, VISA status willplay a factor for federal tax but NOT for state tax. So they told me that as I have my bank accounts, rented lease house etc, in MA and as I have lived here for more than 183 days and for the complete year... 'I am a resident of MA'.

    But my question is, this substantial presence test is not taken into account for FEDERAL TAX(because of my F1 student visa status/OPT). So I am a non-resident! But with respect to state, I AM A RESIDENT!! Is it true?? Is it not contradicting?

    Igot 2 links for the same
    1. Residency Status

    2. TIR 95-7: Change in the Definition of "Resident" for Massachusetts Income Tax Purposes



    So which form should I file for state tax filing ?

    FORM -1 or FORM 1- NY/PY??

    Thanks.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,801, Reputation: 846
    Senior Tax Expert
     
    #2

    Apr 16, 2009, 11:29 AM
    Sure, it's contradictory, but the state's definition of residency does NOT factor in visa status.

    No, the fact that you are a STUDENT probably makes you a non-resident, because most states do not force students from other states or countries to assume residency status even if they are presen year-round. You CAN choose to be a resident (and you may want to, because MA may have some tax breaks for residents), but you probablyu do not have to.
    confusedbytaxes's Avatar
    confusedbytaxes Posts: 3, Reputation: 1
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    #3

    Mar 18, 2013, 08:50 AM
    I am here on a J1 visa under the intern category. I moved here in June, so have spent more than 183 days in MA in 2012 with this visa status. Am I a resident?

    I was employed by an institute as an unpaid intern for the first couple of months here and then was hired as a paid employee, technically by a new employer. Do I need to file 2 separate tax returns even though I did not receive any payment from the first institute?
    When filing for my returns as a paid employee do I only include details from this time, e.g.. Number of days here, total rent paid?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,801, Reputation: 846
    Senior Tax Expert
     
    #4

    Mar 18, 2013, 02:10 PM
    Redundant question; already answered.

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