I moved to NYC (10/07/2019) from a foreign country...
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sleemmz
Level 3

I moved to NYC (10/07/2019) from a foreign country and started working here on (10/28/2019) - am I considered non-resident or part-year resident?

does it make any difference in state tax refund?
3 Replies
KarenJ2
Expert Alumni

I moved to NYC (10/07/2019) from a foreign country and started working here on (10/28/2019) - am I considered non-resident or part-year resident?

You are probably a nonresident for US tax purposes unless you are a green card holder or spent quite a few days in the US previous to your move.   

 

Please advise the number of days you were in the US for any reason and if you had any days of presence in the US before you moved here in 2019.  Also, kindly advise your visa and if you are married.  (if you are married, there is a way to file married filing jointly if you make sign an election statement that you attach to your return).

 

TurboTax does not support nonresident returns. 

 

However we have a partnership with Sprintax offering a nonresident tax filing solution to our TurboTax customers.  

Visit the TurboTax/Sprintax site for more info or to get started. 

 

To determine if you are a resident for part of 2019, you need to check your days of presence in the US for 2017, 2018, and 2019.  Please see below:

 

You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year or you are a green card holder. To meet the substantial presence test, you must be physically present in the United States (U.S.) on at least: 

  1. 31 days during the current year (2019), and 

  2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:  

  • All the days you were present in the current year (2019), and 

  • 1/3 of the days you were present in the first year (2018) before the current year, and 

  • 1/6 of the days you were present in the second year(2017) before the current year 

 

 

 

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sleemmz
Level 3

I moved to NYC (10/07/2019) from a foreign country and started working here on (10/28/2019) - am I considered non-resident or part-year resident?

Thank you Karen.

I do not meet the substantial presence test for federal tax filing status -hence ai assume Im non-resident for the federal taxes. I am married but my wife doesn't live in the US and she has no SSN or TIN.

My question is rather about my residential status in regards to NY state.

 

thanks

KarenJ2
Expert Alumni

I moved to NYC (10/07/2019) from a foreign country and started working here on (10/28/2019) - am I considered non-resident or part-year resident?

When you file your federal return with Sprintax, they will advise you about your New York state filing status.  

 

You will need to file Form IT-203 nonresident and part-year resident income tax return information as you moved into NY State during the year.

 

IT-203 NY NR and Part-Year Resident

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