I just moved to NJ for a job, I have my W2 form. Before this I lived outside the USA and did not work. Should I file as resident or non-resident?

[rjs]

You said you "just moved," but I assume you moved in 2021, otherwise you wouldn't have a W-2.

You should file as a part-year resident of New Jersey. When you start your federal tax return, in the My Info section, when it asks your state of residence, select New Jersey. Answer Yes to the question asking whether you lived in another state in 2021. Then, for the previous state select "Foreign or U.S. Possession." It's the last choice, all the way at the end of the list of states. Enter the date that you moved to New Jersey.

Later, when you start your New Jersey tax return, one of the first few screens will tell you that it has selected Part-Year Resident as the type of return that you should file.

[GeorgeM777]

That depends on where you live now.  Another thing to consider is where you performed the work for which you were paid.  As a way of background,  although the rules vary among states, generally speaking, most states define a “resident" as an individual who is in the state for other than a temporary or transitory purpose. States consider a person’s “domicile" to be the place of his or her permanent home to which he or she intends to return to whenever absent from the state for a period of time. Most states claim the right to tax an individual’s income if they are believed to be a resident and domiciled in that state. Typically, states also impose tax on 100% of a resident’s income from all sources, including portfolio income, such as income from investments (for example, stock dividends, and bond interest). Many states have exceptions for military personnel in active service and for individuals receiving medical treatment for an extended period.

Assuming you live in NJ, and as explained above, you are in NJ for more than just a temporary or transitory purpose, then you likely are a NJ resident and thus, would file a NJ resident return. 

With regard to the above information, we are also assuming you are a U.S. citizen.  If you are not a U.S. citizen, for example, if you are a nonresident alien who is required to file an income tax return, then you would file Form 1040-NR, U.S. Nonresident Alien Income Tax Return.  

Residency issues sometimes involve nuances and it may not always been easy to determine the state of residency without careful consideration of all factors.  Thus, post additional information about your specific situation; however, as a reminder, do not post any personal identifiable information. 

[rjs]

Oops, I may have misunderstood your question. I assumed that you are a U.S. citizen or resident alien. I thought you were asking about filing as a resident or nonresident of New Jersey. If you are a U.S. citizen or resident alien and you lived in New Jersey for part of the year, you would file a New Jersey part-year resident tax return. If you are a nonresident alien you cannot use TurboTax to file your tax returns, as stated in the reply to your earlier post about filing as a nonresident.

[dani371749]

Thank you both for you answer. My job filled the W2 form for me. Im not a citizen, I literally moved to this country on June 2021. I work in the medical field. I guess for what I read in the answers, that’d make me a resident alien (part-year). Is that correct?

[rjs]

No, that's not correct. See the following links on the IRS web site.

Introduction to Residency Under U.S. Tax Law

Determining an Individual’s Tax Residency Status

You can find more details in Chapter 1 of IRS Publication 519, U.S. Tax Guide for Aliens.

Also note that being a resident or nonresident of New Jersey is completely different from being a resident alien or nonresident alien of the United States. Basically if you live in New Jersey you are a resident of New Jersey for the period of time that you live there. If you lived in New Jersey for part of the year, you are a part-year resident of New Jersey.

Your U.S. residency status (resident alien or nonresident alien) determines what kind of federal tax return you have to file. Your New Jersey residency status  determines what kind of New Jersey state tax return you have to file.

[rjs]

You haven't said what state you work in. If you live in New Jersey but work in a different state, you will also have to file a nonresident tax return for the state that you work in.

Again, if you work in a state that you don't live in, you are a nonresident of the state that you work in, regardless of whether you are a resident alien or nonresident alien for federal tax purposes.