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?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.