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Yes, as a non-resident alien you'll file form 1040-NR at the federal level .... and ...
le me look up the new york fomr
NY Nonresident Form IT2104.1 (if applicable)State Tax Form (if applicable)
that is what the company told me I had to fill out
Are you sure, however, that you will no be resident alien?
the first one I don't knwo if its applicable or not
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:
Do you have a green card?
I am not a new york resident but once I move and start working there I will become one
no I don't and I have exemption to the substantial presence test because all the 4 years I have been here
were under F-1 visa, and I am still under the F-1 visa, just with OPT
So, yes for THIS tax year anyway, you'll file 1040-NR
NR standing for non-resident
See this from IRS
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.
If you are any of the following, you must file a return:
DO you have a feel for your income for this year?
just a ballpark number?
I know what they will pay me
in the contract it says $2307 biweekly
and I will receive my first paycheck in august 2
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
ok hang on juuuust a sec
so until december it will be about $23000
A very rough estimate for the 2013 tax year
As you can see you get the personal exemption and the standard deduction (for filing as single) so very little TAXAB:E income
And here's a site where yu can o to estimate you NY taxes
So, since I would be filling as single, then would it be convenient for me to file the 1040NR-EZ instead of the 1040NR?
hang on it calculated montyhly let me edit ...
That's better ...
sory the model I was using defaulted to monthly rather than bi-weekly
but as you can see, you're still only at about 1514 of taxes due
And that assumes NO tax withholding from your paycheck
what are tax withholdings?
MOst companies will withhold the federal and state tax from your paycheck and sent to the IRS and State
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
ohh i see
so I do not need to complete the 1040NR form yet?
because I haven't actually earned anything yet..
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
That's right ... it will be due in Apr of 2014
your company will send you what's called a W-2 form ... probably in January
ohhh that's what I thought! but the NY Nonresident Form IT2104.1
once they knw what you've been paid for the tax year, and can total up what's been withheld
I do need to file right?
let me look that one up, that MAY be an nformational form
Yes, this is a certification form, not the actual state income tax form
Yes, you do
ah okay and should I put my current address (which is in Indiana) or the address I will be staying at in New york?
thisa is a certification of your non-resident status
I think it would be cleaner to use the NY address
if I do, should I still check the first box in Part 1?
that is what confuses me because my residence would be in new york but the box says I am not a resident
I see now...
so half of the statement is true and then the address sort of contradicts it because it is in new york
Will you be keeping the Indiana residence?
Do you think that the company may have had you complete the form because they see the Indiana address only?
Do they have knowledge that you will be moving t NY?
no I wont my lease in Indiana ends in August and I already rented a place in NY
They do know I will be moving there however they do have other employees that are not working in new york
Did you see this?
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.
okay so that form is not applicable to me then?
It appears that it is not
because I will be living in new york
Either your emplpoyer has made a bad assumption
Maybe they're covering themselves because your current address is in IN
I think I would speak with the HR dept
yeah because they sent a mass email to all the new employees
does not appear that you should have to file this form, given YOUR scenario
and they also asked us to fill out form W4
You've naied it
do I have to do that now or not?
If you will be living in NY while working for them, the form is unnecessary
you are becoming a NY resident for tax purposes
okay so I do not fill out w-4 either?
Based on the information you provide (I was working on your original statement that you were a non-resident)
No I think you DO fill out the W-4
because as a non-res for Federal purposes or as a resident either one, you'll want that withholding done
will that decrease my taxable income?
withholding is simply a pre-payment AGAINST whatever income taxes you end up owing .... IF ...
you have more withheld than you end up owing then you get a refund
your ta return will always end with (1) amount you owe or (2) refund owed you
the last several lines on the form net out the tax that's actually owed, with the amount withheld
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
and the third one I think would be head of household because I am going to pay 60% of the total rent
for the w-4? yes that's right
Sorry let me lookmat the w-4
head of household is a special filing status
you must have dependants to claim head of household
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
but it says or other qualifying individuals...would that include my roomate?
sorry I answered too quickly, you'll enter 1 on A and 1 on B
what this will do is match up the withholding as closely as possible with what you'll end up owing
I think that cleared up all my doubts :)
great ... good catch on the non-resident piece
Could you please give me the link to where I can estimate my NY taxes ?
and next year (taxes done in 2015 for the 2014 tax year) you'll be a resident for federal tax purposes as well
sure, hang on
Scroll down to the bottom half of the page
awesome! thank you very much!
you were very helpful!
You're very welcome
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