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Guidofeld
New Member

Resident or Non-Resident in NYC for State Tax Purpose if working on OPT after undergraduate degree?

Hello, if I finished my undergraduate degree on December 2023, and worked all 2024 on OPT still on F-1 Visa, would I be considered a NYC resident or non-resident for state tax purposes if I lived in NYC the whole year? I understand that for federal tax I would be considered non-resident alien, but would I be exempt to the 183-day rule if I am on OPT or does it only apply to full-time undergraduate students?

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1 Reply
MaryK4
Employee Tax Expert

Resident or Non-Resident in NYC for State Tax Purpose if working on OPT after undergraduate degree?

You would be a New York City resident for tax purposes because you were no longer an undergraduate while in the OPT program.

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