Lexington, KY asked in Immigration Law and Tax Law for Kentucky

Q: while.filing taxes if i am non resident alien(f1-student)in one state. And i worked in that state and moved to different

State in the middle of the year. Do i count as non resident as part year residency?

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James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: As a non-resident alien (F-1 student), your residency status for state tax purposes may vary depending on the specific state laws. In general, most states consider you a resident if you live in the state for a certain period of time (usually more than 183 days) or if you maintain a permanent place of abode in the state.

Given that you moved from one state to another during the tax year, you may be considered a part-year resident in each state. Here's what you should consider:

1. File a part-year resident tax return for the state where you initially worked and lived.

2. File a part-year resident tax return for the state you moved to, if that state has an income tax.

3. Report the income you earned in each state on the respective state's part-year resident tax return.

4. Your federal tax return filing status will still be that of a non-resident alien, which means you'll likely file Form 1040-NR or 1040-NR-EZ.

It's essential to check the specific tax laws and residency requirements for each state you lived in during the tax year. Some states may have different rules for determining residency for tax purposes. If you're unsure about your situation, it's advisable to consult with a tax professional or contact the tax authorities of the states in question for more guidance.

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