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Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 3991
Experience:  Juris Doctorate, CFP and MBA, Providing Financial & Tax advice since 1986
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I will start working for the first time in New York city in

Resolved Question:

I will start working for the first time in New York city in July 15th, I just graduated college and I have never worked before. I am a non resident alien. Do I need to file an income tax form? what state tax forms do I need to file?
Submitted: 1 year ago.
Category: Tax
Expert:  Lane replied 1 year ago.

NPVAdvisor :

Hi,

Customer:

hello

NPVAdvisor :

Yes, as a non-resident alien you'll file form 1040-NR at the federal level .... and ...

NPVAdvisor :

le me look up the new york fomr

Customer:

NY Nonresident Form IT2104.1 (if applicable)State Tax Form (if applicable)

NPVAdvisor :

.yep

Customer:

that is what the company told me I had to fill out

NPVAdvisor :

Are you sure, however, that you will no be resident alien?

Customer:

the first one I don't knwo if its applicable or not

NPVAdvisor : Substantial Presence Test

You will be considered a U.S. resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States on at least:



  1. 31 days during the current year, and

  2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:

    • All the days you were present in the current year, and

    • 1/3 of the days you were present in the first year before the current year, and

    • 1/6 of the days you were present in the second year before the current year.



NPVAdvisor :

Do you have a green card?

Customer:

I am not a new york resident but once I move and start working there I will become one

Customer:

no I don't and I have exemption to the substantial presence test because all the 4 years I have been here

NPVAdvisor :

OK then

Customer:

were under F-1 visa, and I am still under the F-1 visa, just with OPT

NPVAdvisor :

So, yes for THIS tax year anyway, you'll file 1040-NR

NPVAdvisor :

NR standing for non-resident

NPVAdvisor :

See this from IRS

NPVAdvisor : Taxation of Nonresident Aliens

An alien is any individual who is not a U.S. citizen or U.S. national. A nonresident alien is an alien who has not passed the green card test or the substantial presence test.


Who Must File


If you are any of the following, you must file a return:



  • A nonresident alien individual engaged or considered to be engaged in a trade or business in the United States during the year. You must file even if:

    • Your income did not come from a trade or business conducted in the United States,

    • You have no income from U.S. sources, or

    • Your income is exempt from income tax.



Customer:

Okay

NPVAdvisor :

DO you have a feel for your income for this year?

NPVAdvisor :

just a ballpark number?

Customer:

I know what they will pay me

Customer:

in the contract it says $2307 biweekly

Customer:

and I will receive my first paycheck in august 2

NPVAdvisor :

Was just going to say that given the personal exemption and the standard deduction, you will want to file because you will most likely have a refund coming to you, becuase your company will withhold taxes

NPVAdvisor :

ok hang on juuuust a sec

Customer:

so until december it will be about $23000

Customer:

ok

NPVAdvisor :

A very rough estimate for the 2013 tax year

NPVAdvisor :























































ross income$11,535
Qualified plan contributions-$0
Adjusted gross income=$11,535
Standard/Itemized deductions-$6,100
Personal exemptions-$3,900
Taxable income=$1,535
Tax liability before credits$154
Child tax credits-$0
Estimated tax liability=$154
Taxes withheld-$0
Tax shortfall=$154
NPVAdvisor :

As you can see you get the personal exemption and the standard deduction (for filing as single) so very little TAXAB:E income

NPVAdvisor :

And here's a site where yu can o to estimate you NY taxes

NPVAdvisor :

your

Customer:

So, since I would be filling as single, then would it be convenient for me to file the 1040NR-EZ instead of the 1040NR?

NPVAdvisor :

hang on it calculated montyhly let me edit ...

NPVAdvisor :

That's better ...

NPVAdvisor :























































Gross income$23,070
Qualified plan contributions-$0
Adjusted gross income=$23,070
Standard/Itemized deductions-$6,100
Personal exemptions-$3,900
Taxable income=$13,070
Tax liability before credits$1,514
Child tax credits-$0
Estimated tax liability=$1,514
Taxes withheld-$0
Tax shortfall=$1,514
NPVAdvisor :

sory the model I was using defaulted to monthly rather than bi-weekly

NPVAdvisor :

but as you can see, you're still only at about 1514 of taxes due

NPVAdvisor :

And that assumes NO tax withholding from your paycheck

Customer:

what are tax withholdings?

NPVAdvisor :

MOst companies will withhold the federal and state tax from your paycheck and sent to the IRS and State

NPVAdvisor :

Then when you actually do your taxes for the year (you'll be doing your taxes in Apr 2014 for the 2013 tax year) you will complete the forms

Customer:

ohh i see

Customer:

so I do not need to complete the 1040NR form yet?

Customer:

because I haven't actually earned anything yet..

NPVAdvisor :

and, again, given the exemption that each individual gets (3900 for 2013) and the standard deduction that everyone gets you will most likely get a refund

NPVAdvisor :

That's right ... it will be due in Apr of 2014

NPVAdvisor :

your company will send you what's called a W-2 form ... probably in January

Customer:

ohhh that's what I thought! but the NY Nonresident Form IT2104.1

NPVAdvisor :

once they knw what you've been paid for the tax year, and can total up what's been withheld

Customer:

I do need to file right?

NPVAdvisor :

let me look that one up, that MAY be an nformational form

NPVAdvisor :

Yes, this is a certification form, not the actual state income tax form

NPVAdvisor :

www.cit.uscourts.gov/HumanResources/Forms/IT2104_1.pdf‎

NPVAdvisor :

Yes, you do

Customer:

ah okay and should I put my current address (which is in Indiana) or the address I will be staying at in New york?

NPVAdvisor :

thisa is a certification of your non-resident status

NPVAdvisor :

I think it would be cleaner to use the NY address

Customer:

if I do, should I still check the first box in Part 1?

Customer:

that is what confuses me because my residence would be in new york but the box says I am not a resident

NPVAdvisor :

I see now...

Customer:

so half of the statement is true and then the address sort of contradicts it because it is in new york

NPVAdvisor :

Will you be keeping the Indiana residence?

NPVAdvisor :

Do you think that the company may have had you complete the form because they see the Indiana address only?

NPVAdvisor :

Do they have knowledge that you will be moving t NY?

Customer:

no I wont my lease in Indiana ends in August and I already rented a place in NY

Customer:

They do know I will be moving there however they do have other employees that are not working in new york

NPVAdvisor :

Did you see this?

NPVAdvisor :

o determine whether or not you are a resident of New York
State, New York City, or Yonkers, you must consider your
domicile and permanent place of abode. In general, your
domicile is the place you intend to have as your permanent
home. In general, a permanent place of abode is a residence
(a building or structure where a person can live) that you
permanently maintain, whether you own it or not, that is
suitable for year-round use. A permanent place of abode usually
includes a residence your spouse owns or leases. For additional
information, visit our Web site.

Customer:

okay so that form is not applicable to me then?

NPVAdvisor :

It appears that it is not

Customer:

because I will be living in new york

NPVAdvisor :

Either your emplpoyer has made a bad assumption

NPVAdvisor :

or

NPVAdvisor :

Maybe they're covering themselves because your current address is in IN

NPVAdvisor :

right

NPVAdvisor :

I think I would speak with the HR dept

NPVAdvisor :

and clarify

Customer:

yeah because they sent a mass email to all the new employees

NPVAdvisor :

does not appear that you should have to file this form, given YOUR scenario

NPVAdvisor :

ahhhh

Customer:

and they also asked us to fill out form W4

NPVAdvisor :

You've naied it

NPVAdvisor :

that helps

Customer:

do I have to do that now or not?

NPVAdvisor :

If you will be living in NY while working for them, the form is unnecessary

NPVAdvisor :

you are becoming a NY resident for tax purposes

Customer:

okay so I do not fill out w-4 either?

NPVAdvisor :

Based on the information you provide (I was working on your original statement that you were a non-resident)

NPVAdvisor :

No I think you DO fill out the W-4

NPVAdvisor :

because as a non-res for Federal purposes or as a resident either one, you'll want that withholding done

Customer:

will that decrease my taxable income?

NPVAdvisor :

no,

NPVAdvisor :

withholding is simply a pre-payment AGAINST whatever income taxes you end up owing .... IF ...

NPVAdvisor :

you have more withheld than you end up owing then you get a refund

Customer:

oh okay

NPVAdvisor :

your ta return will always end with (1) amount you owe or (2) refund owed you

NPVAdvisor :

the last several lines on the form net out the tax that's actually owed, with the amount withheld

Customer:

so I read the criteria and i think I have 3 claims...1 for me because no one is claiming me as their dependent, 1 for being single

Customer:

and the third one I think would be head of household because I am going to pay 60% of the total rent

NPVAdvisor :

for the w-4? yes that's right

NPVAdvisor :

Sorry let me lookmat the w-4

NPVAdvisor :

head of household is a special filing status

NPVAdvisor :

you must have dependants to claim head of household

Customer:

Head of household. Generally, you can claim head
of household filing status on your tax return only if
you are unmarried and pay more than 50% of the
costs of keeping up a home for yourself and your
dependent(s) or other qualifying individuals. See
Pub. 501, Exemptions, Standard Deduction, and
Filing Information, for information

Customer:

but it says or other qualifying individuals...would that include my roomate?

NPVAdvisor :

no

Customer:

ohhh okay

NPVAdvisor :

sorry I answered too quickly, you'll enter 1 on A and 1 on B

NPVAdvisor :

what this will do is match up the withholding as closely as possible with what you'll end up owing

Customer:

okay

Customer:

I think that cleared up all my doubts :)

NPVAdvisor :

great ... good catch on the non-resident piece

Customer:

Could you please give me the link to where I can estimate my NY taxes ?

NPVAdvisor :

and next year (taxes done in 2015 for the 2014 tax year) you'll be a resident for federal tax purposes as well

NPVAdvisor :

sure, hang on

NPVAdvisor :

Scroll down to the bottom half of the page

Customer:

awesome! thank you very much!

Customer:

you were very helpful!

NPVAdvisor :

You're very welcome

NPVAdvisor :

If this HAS helped, I would appreciate a feedback rating of 3 (OK) or better … That's the only way they will pay us here.


HOWEVER, if you need more on this, PLEASE COME BACK here, so you won't be charged for another question.

NPVAdvisor :

By the way, my name is Lane

NPVAdvisor :

Good luck with everything, and congratulations!

Customer:

thank you!

Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 3991
Experience: Juris Doctorate, CFP and MBA, Providing Financial & Tax advice since 1986
Lane and other Tax Specialists are ready to help you
Expert:  Lane replied 1 year ago.

Thanks so much for the rating!

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If you'd like to work with ME again just say "For Lane only," at the beginning of your next question.

Thanks again,

Lane


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