can I file tax as 'nonresident' ? clarification needed for one of N400 Q.

R

rrb

Registered Users (C)
can I file tax as 'nonresident' ? clarification needed for one of N400 Q.
Hi all.
I am having a GC, still not eligible for N400. But, as I went through the form, I have this question. I appreciate if you can reply in detail, as I will be filing taxes soon for this year.

One of the questions on section#10:
------------------------------
Continuous Residence

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?
--------------------------------
My situation:
I am in PA and last year:
Jan-march- in PA, PA
march-sep- in washignton,DC
Sep-dec and now in PA, PA

I have my family in PA itself for the whole year, we did not move to DC but I used to commute in car every weekend and I am still in PA.
I am guessing that I need to file taxes for PA as 'resident' and for DC as 'non-resident'. I used to stay in my friend’s apartment for the week and return back to PA over the weekend.

My question:
------------
1. What this N400 form question significance?
2. If answer to question is 'yes' then what does it mean?
3. In my scenario, can I file as 'non-resident' in DC? Is that normal practice here?
4. In my scenario, if I file as 'non-resident' in DC, what will be the impact?
5. If any one had similar situation, what is the safe/best method to file taxes? I mean can you tell what need to be done? File 'resident' or 'non-resident' in DC? Which one is appropriate so that it won't jeopardize my N400?

I appreciate your help in this regard.
 
It is an interesting and relevant question. There are some cities where one would pay non-resident taxes if one works there but lives elsewhere. I assume you'd answer "yes" to Q.13 on N400 and attach an explanation. It should not jeopardize an application.
 
The question is relevant to only FEDERAL tax returns, not state tax returns. You are supposed to file federal tax returns a resident in order to comply with Immigration and IRS regulations. State tax filing has nothing to do with either immigration or IRS.
 
Not true for all the states...

For example in New Jersey, the form for residents as well as part time residents is the same, whereas they have a separate form for non-residents.

It is definitely possible that you have to file taxes as a non-resident. For example, we stay in New Jersey, but my wife works in New York. We have to file a non-resident return for New York since we have never lived in New York.
 
Thanks for all inputs.
I have to check to see if DC form is same for part-time as well for non-resident. I am not sure if i need to file as part-time, is address or something cause some problem if any.

I would to hear from any one who have gone through the citizen-ship faced similar issue.
 
Re: Re: can I file tax as 'nonresident' ? clarification needed for one of N400 Q.

Originally posted by JoeF
It is definitely significant. As a PR, never file a non-resident return. Doing so is strong evidence for abandonment of the GC.
On the state tax returns, the usual thing is to file as part-year resident.
Click to expand...


JoeF:

You are simply wrong. Read this carefully:

http://www.irs.gov/businesses/small/international/article/0,,id=96383,00.html

Specifically:

If you are treated as a resident of a foreign country under a tax treaty, you are treated as a nonresident alien in figuring your U.S. income tax. For purposes other than figuring your tax, you will be treated as a U.S. resident. For example, the rules discussed here do not affect your residency time periods.

If you are a dual resident taxpayer and you claim treaty benefits, you must timely file a return (including extensions) using Form 1040NR, U.S. Nonresident Alien Income Tax Return or Form 1040NR-EZ, U.S. Income Tax Return for Certain Nonresident Aliens With No Dependents, and compute your tax as a nonresident alien.


As you can see, your fears are unfounded (at least by law,
one never knows what this administration can do - but from this
there is no protection, no matter how much you try to follow the
laws!)
 
Re: Re: Re: Re: can I file tax as 'nonresident' ? clarification needed for one of N400 Q.

Originally posted by JoeF
You gotta do better than that ;)
In particular, look at IRS Publication 519, Tax Guide for Aliens.
There is a so-called "Greencard Test", which is explained in Publication 519 (http://www.irs.gov/publications/p519/index.html) and also here:
http://www.irs.gov/businesses/small/international/article/0,,id=96314,00.html
"You are a resident, for tax purposes, if you are a lawful permanent resident of the United States at any time during the calendar year (however, see Dual Status Alien). This is known as the "green card" test."
All I can see is that you don't know the law...
The fact that you have to file taxes as resident when you are a PR has been well known for decades.
Click to expand...


I did great. You did not read the article carefully as I asked.
Once again:

"The rules given to determine if you are a U.S. resident do not override tax treaty definitions of residency."


And this includes the so-called green card test, which IS JUST one of the rules. I contacted IRS on this sibject and received a confirmation. BTW, it is called "dual-resident alien", not "non-resident alien", so you can say no in the Q400 form.
And still file non-resident return. Ain't the legal game of words
great? This is why the f!@@$ lawyers are so rich in this country!
 
You must log in or register to reply here.
Top