Non-resident question

S

StarSpangled

New Member
Hi,

I am finally eligible to apply for citizenship! The form seems pretty easy except for one question about filing as a nonresident on a tax return. The question is : "Have you ever called yourself as a "nonresident" on a federal, state or local tax return?"

My wife and I live in different states because of our jobs. I fly over to meet her over weekends and holidays but we plan to keep the address on the form as our work address to make matters simple.

As regards the question, should I answer this question as "Yes" and add a note stating that I filed as a nonresident in the state where my wife lived. Or should I answer "No" and add a note or just keep it simple and say "No". We filed as residents of some state every year.

Thanks in advance for your input.
Rahul
 
You can answer YES with an explanation that you filed as a resident in your own state.

However, if your citizenship application is marriage-based but you and your wife were filing taxes as residents of different states, you'll have problems getting approved.
 
Hi Jackolantern,

I wanted to write to you yesterday. Seems like every kid in the country had you on mind while tricking or treating.
Nice to see a post for you after a long time. Did Halloween just wake you up :D


Hi StarSpangled Rahul,

I believe the question about claiming to be non-resident is more related to the form you have using to file federal returns (1040 Vs 1040NR). Since both have different tax implications in terms of reporting income outside US.
Not sure about the state forms.
 
I think what questions 13 and 14 of Part 10. C (Continuous Residence) are trying to determine whether you used non-resident status as a basis for not filing Federal, State or Local tax return or filing non-resident return(s). I realize that many consider and read these questions from Federal Income Tax (Form 1040 vs. 1040 NR) filing perspective. However, technically speaking that is not accurate.

What USCIS want to know if you used non-resident status as an "excuse" not to file or file as non-resident return (s). I assume Federal Income Tax Return case is clear..So let me give a state return example. Let us say that you live in Chicago, IL. You filed a Federal Income Tax return in due course but has taken a position that you travelled a lot outside of US and did spend enough time in IL to be obligated to file IL Income tax return or selected to file non-resident return (basically, hiding the fact that you are US Permanent Resident).

I would not worry about inter-state tax issues: you lived in states X and Y but filed resident return in state X and partial resident (non-resident return) in state Y. It is a problem if you told both states that you are NOT US resident at all, that is why you file non-resident or do not file at all.
 
Thank you all for your replies! I guess I will indicate No and put in an addendum with an explanation of our tax filing. I guessed that the question is meant to determine whether you declared yourself as a non-resident of America but just wanted to make sure. Ours was employment based green cards so the interstate issues should not be a problem.

Regards,
Rahul
 
Filed as non resident when on Visa

I have another question with regards to non -resident taxes. I am about to apply for N400. When I first arrived to work in the US , I came in July and hence for that tax year I was a non -resident for federal taxes. What is the implication when I apply for citizenship?
Am I supposed to say Yes to the question above?
 
It goes like this...

Since becoming a lawful permanent resident of the United States:
13. Have you ever called yourself a ''nonresident'' on a Federal, State, or local tax return?
14. Have you ever failed to file a Federal, State, or local tax return because you considered yourself to be a "nonresident"?

Both of these questions relate to the time since you became permanent resident.
 
ardaviraf said:
I have another question with regards to non -resident taxes. I am about to apply for N400. When I first arrived to work in the US , I came in July and hence for that tax year I was a non -resident for federal taxes.
Click to expand...
If you arrived as a permanent resident, you were supposed to file as a resident on your federal taxes for that year. Or at least as a "dual status alien" (i.e. somebody who changed from nonresident to resident or vice versa during the year). But definitely not as a nonresident.
 
sanjoseaug20 said:
It goes like this...

Both of these questions relate to the time since you became permanent resident.
Click to expand...

That's the important part because many countries have tax treaties with the USA regarding university teaching or research employment (while on F-1). One can not take advantage of such treaties with a GC.
 
Last edited by a moderator:
PerpetualGC said:
That's the important part because many countries have tax treaties with the USA regarding university teaching or research employment (while on F-1). One can not take advantage of such treaties with a GC.
Click to expand...

Not only F1 etc., but people do it for other visas too. For example, many of the Indian IT shops send people on L1/H1 - and they spend a few months in US, and a few months back home. I am not sure whether these people report their global taxes and can declare resident status based on # days in US. All that's well and good - but once you become a permanent resident, the threshold changes. Does not matter whether you spend 365/365 days or 0 days (on re-entry permit), you need to declare everything. Only way to avoid double taxes is to use tax treaties i.e., reclaim part of taxes paid on lower tax country in the higher tax country filing.
 
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