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Filing Taxes in two states on two different VISA status respectively?

I worked in Boston, Massachusetts for first half of year 2008 as H1B VISA employee. For the rest of year 2008, I was a full time student on F1 VISA in Syracuse, New York.

Thus I have two W2 forms - one from my previous employer, and one from Syracuse University (student employee).

a) All the time I was in MA, I was on H1-B (started in November 2006)

b) All the time I was in NY, I was on F1 (started in August 2008)

For Federal Tax Purpose, I am a "RESIDENT ALIEN" and thus only need to file FORM 1040EZ (single). I do NOT have to file FORM 8843 because I pass the substantial presence test for Federal purpose.

For MA State Tax Purpose, I am a "PART YEAR RESIDENT ALIEN" because I lived in MA until August 2008 before I moved out. I file "Form 1-NR/PY Mass. Nonresident/Part-Year Resident Tax Return"

Now, my question is, for NY State Tax Purpose, should I file as "PART YEAR RESIDENT ALIEN" or "NONRESIDENT ALIEN"? The instructions say that in nearly all cases, your Federal status is going to be your State status. But I don't qualify for NY State residency test (presence test). How do I go about this?

Also, how do we find out what amount from the total taxable interest I earned on my savings account (1099-INT) while I was in NYS? Very strange.

Thanks!

1 Answer

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  • 1 decade ago
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    "The instructions say that in nearly all cases, your Federal status is going to be your State status." Status means Single, Married, Head of Household, etc.... NOT Resident or not.

    You are a NYS "Part-year resident".

    You look at your bank statements and figure out when the interest was paid. Anything paid after 1 August is NYS income.

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