Determine state residency for foreigner

[jolantern100]

I have a question regarding tax returns. I am an international student who attends college in New York. In 2023, I spent some time in California due to an internship, and I stayed in New York for rest. In this case, in which state am I considered a resident for tax purposes? When I checked websites, California was vague, stating that you are not considered a resident if you are staying temporarily, while New York stated that you are considered a resident if you stayed for more than 184 days. Since I have no "permanent" stay in the U.S, I'm not sure which state I'm a resident of.

[SusanY1]

In TurboTax, I suggesting listing New York as your resident state, even though in reality you weren't likely a legal resident of either.  This will help the program work best for you.  

Both states will treat you as a part-year resident and each one handles your income a bit differently.   As a nonresident of California with California source income, you will pay tax only on that income earned during your time in California.  

Exactly how your New York return works will depend on how long you were there and if you also had income in New York.  

After you enter all of your income for  your federal return proceed first to the California return for the best results, and then to New York (if required.)  TurboTax will walk you through both state returns, but ‌ come back and let us know if we can help further.





 

[jolantern100]

Thank you for the suggestion! So in Turbotax, I will just put my residency as New York and claim didn't move, correct? Also, will it make sense to put New York as resident even if I stayed in California longer?

[AmyC]

Yes, that is probably your best option. You can claim part year for each. However, if you will be in NY again with school, I like Susan's suggestion of saying NY resident and take credit for tax paid to CA. Students wander all over so it is not considered a move unless you are changing your driver's license, insurance, voting, bigger items. Students intern all over the world and it is normal to come and go. You want to use an address where you can get mail if either state sends you a letter.