Monument, CO asked in Tax Law for Colorado

Q: I'm a foreign national who works in the US. Am I required to pay both federal and state income tax, just one, or none?

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1 Lawyer Answer

A: Without knowing your specific situation, I cannot say for certain about your potential tax treatment. I can provide you with some general rules.

If you are a: (1) salaried employee or independent contractor for a company/individual; (2) you worked in the US; and (3) you have resided in Colorado for at least 3 months you very likely will have to pay both Colorado and federal income tax. Note, taxes (and refunds) are due regardless of lawful or unlawful immigration status.

If you are an: investor or conducted short-term or partial business in the US with delivery/performance in a non-US country, then you are likely not liable for state or federal income tax.

As you can see, these are only two possible situations (even then, exceptions can apply in the above examples to slightly change the rules). If you need to be certain, contact a tax professional. Be forewarned, most CPAs/accountants have no experience with foreign v. domestic source income (except at the big three accounting firms), so you will probably have better luck contacting a tax attorney if you need assistance.

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