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Level 3
posted Feb 27, 2020 4:21:30 PM

international student state tax

I am an international student from China and currently am a resident alien in Baltimore MD. I got salary from my school in Baltimore every month. In summer 2019, I worked as an intern for a company in NYC for less than 3 months. I was wondering 1. Federal tax form , NY state tax form and MD state tax form. Are these three forms all forms I need to fill for my tax return? Is there any particular order I need to follow to avoid double state tax on same amount?  2.  Am I a non-resident alien for NY state tax return? Which form should I fill for NY state tax? 3. For the money I got during my intern, do I need to pay tax for this income to MD?  4. I also would like to claim China-USA treasury for student. Which product should I use? Thank you in advance for your help.

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1 Best answer
Expert Alumni
Feb 27, 2020 7:15:48 PM

You would only need to file the New Your return if you actually physically worked in New York. If so, you would be a non-resident of New York if you were only there temporarily.

 

Assuming you worked in New York, you should file a non-resident return in TurboTax for New York first. Then file a Maryland resident return.

 

To exclude your income per the US/China tax treaty, first report the income as you normally would. Then, you need to enter a negative number for the amount you are excluding as "Other Income" as follows:

 

1. Go to the "Federal" section of TurboTax

2. Click on "Income and Expenses"

3. Find "Less Common Income" and choose the last entry "Miscellaneous Income"

4. On the next screen, "Miscellaneous Income" choose the last entry "Other Reportable Income"

5. Enter a description for your entry (tax treaty code or description), and enter the taxable amount you want to exclude from income as a negative number

 

 

6 Replies
Expert Alumni
Feb 27, 2020 4:43:31 PM

As a resident alien, you are required to file Form 1040 and pay tax on your world wide income, regardless of the source country.  As a Maryland resident, you need to file a Maryland resident tax return, and since you worked and in New York City, you will need to file a New York State part-year resident return and include a New York City return with it.  If using TurboTax, you should complete your non-resident New York returns first.  As a Maryland resident, all your income is taxable by them, although you will receive a credit for tax paid to other states (it will probably be less than the actual tax you pay to New York).   As for item #4, I'm not sure what you are saying/asking.

Level 3
Feb 27, 2020 6:52:45 PM

Thank you David.

Just to make sure, I should file NY IT-203 Nonresident and Part-Year Resident Income Tax Return form as non-resident first and then the MD resident tax return, is it correct?

Expert Alumni
Feb 27, 2020 7:15:48 PM

You would only need to file the New Your return if you actually physically worked in New York. If so, you would be a non-resident of New York if you were only there temporarily.

 

Assuming you worked in New York, you should file a non-resident return in TurboTax for New York first. Then file a Maryland resident return.

 

To exclude your income per the US/China tax treaty, first report the income as you normally would. Then, you need to enter a negative number for the amount you are excluding as "Other Income" as follows:

 

1. Go to the "Federal" section of TurboTax

2. Click on "Income and Expenses"

3. Find "Less Common Income" and choose the last entry "Miscellaneous Income"

4. On the next screen, "Miscellaneous Income" choose the last entry "Other Reportable Income"

5. Enter a description for your entry (tax treaty code or description), and enter the taxable amount you want to exclude from income as a negative number

 

 

Level 3
Mar 7, 2020 11:05:02 AM

Thanks Thomas. I have filled NY return and by any chance do you know which part in Maryland return can be used to fill the amount that has been taxed by NY state. 

Level 3
Mar 7, 2020 11:08:04 AM

Thanks Thomas. I have filled NY return and by any chance do you know which part in Maryland return can be used to fill the amount that has been taxed by NY state. 

Expert Alumni
Mar 7, 2020 11:46:24 AM

In the Maryland section, look for Credits on the Summary page, then select Credit for Taxes paid to another state.

 

@dwightmlol