What do I put as my state of residence if I am a foreign student, but is 'considered a resident' under the substantial presence condition.

[dcheng728-gmail-]

The IRS have a thing called substantial presence test that applies to foreigners who have stayed in the US for a while. This test will consider those foreigners as "US resident for tax purposes"

For those who pass this test and need to be considered a 'resident for tax purposes', do they claim themselves as foreigners or US residents when filling in the state of residence?

[NCperson]

they are residents 

[pk]

@dcheng728-gmail- , agreeing with my colleague @NCperson , just wanted to point out the following:

For federal purposes :

(a)  On passing the SPT ( Substantial Presence Test ), you file your return on form 1040   ( Resident for Tax purposes )  while prior to that you submit your return on form 1040-NR   ( not supported by TurboTax).

(b)  A student on F visa  ( an a  few other ) are generally " exempt" from counting days present in the US for 5 calendar years  starting from the date of entry.  So your SPT  passing is usually six months  into the  sixth calendar year.  Of course there  are many "and"s, "if"s and "but"s.

(c) Also note  that Tax Treaty  ( i.e. US and your home country), may significantly  impact your filing situation.

For  State Purposes:

(a) each state  has its own definition of  resident vs. non-resident.   You are resident of that State  when you meet  its rules.

(b) the taxation varies  and so do the forms accordingly.

For Immigration  purposes  :

You are a non-resident unless your visa  etc. says you are a resident.   Generally Only citizens  and  GreenCard holders are considered  residents.

Hope this clarifies your question.

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