Whats should be my filing status if i stayed in massachusetts for 20 days in 2020 and left to india after that. My family left to india on 2019 itself. am i a MA resident

[arivamudhan]

I was working from home till june 2020 and got laid off due to covid. what would be my filing status for federal and state?  do i need to file it as a foreigner and non resident for MA

[ThomasM125]

If you are a US citizen or resident alien, then you should file a US tax return 1040. If you intend to return to Massachusetts and live there, then it is still your resident state and your should indicate that you were a full year resident.

If you do not intend to return to Massachusetts, you should still file as a full-year resident return, since you didn't move to another state in the US.

[arivamudhan]

Thanks Thomas.

I am still in India will not come back to massachusetts but might come to some other state in future. I just stayed in massachusetts for just 20 days in Jan and my family left to india on 2019. Do i qualify under the substantial presence test since the condition says 31 days in current year and 1/3 in previous and 1/6 before that.

[DaveF1006]

Yes, but it didn't sound like you were in the states for 31 days in 2020 if I am reading this correctly.  It sounds like you were in the states for only 20 days.

[arivamudhan]

yes i wasn't there for 31 days so i don't pass the substantial presence test. i think i should file as a non resident and choose foreign or us possession in the federal. Please correct me if i am wrong.

THanks for the help

[DMarkM1 · Accepted solution]

If you are a US citizen you will file using form 1040. In the "My Info" section you will select that you lived in "Foreign/US possession" on 31 Dec and "No" you did not live in any other state in 2020. 

Then, if MA withheld taxes on your W2, you will need to file non-resident MA return to get that refunded.  In the "My Info" section scroll down to "Other State Income" and select MA.  This will generate the MA non-resident return.

If however, you are not a US citizen, but hold an alien immigration status then you did not meet the substantial presence test for Resident alien status and would file using a form 1040NR.  TurboTax does not support that form, however Sprintax can provide any assistance you might need for that form.