Tax Query/ Doubt - Status is Resident or Part-Year for State?

[zamaan]

I a DV Lottery winner like you. I had a couple of questions … regarding tax returns…

I got my GC in Jan-2008 but dated from 30-Nov-07.

For the tax year 2007 – I was in US only for 2 months in 2 different states (LA, GA) but I received 3 W-2s – one for IL (which was an adjustment for a fault of 2006), one for LA, one for GA.

I filed taxes online and did a 1040A for Federal as a resident & filed Non-Resident for IL, LA and GA but I realized that I should have filed Part-Year Resident for LA and GA. Do I need to file amendments just to update the status to Part-Year resident? I calculated and there is no change in the income tax…

I am asking these questions from a futuristic perspective because I read in the attached document (See File Tax Returns section) that if we file tax as ‘Non-Resident’ it means that we give up our LPR status.

Kindly guide.

 

[mmed]

I a DV Lottery winner like you. I had a couple of questions … regarding tax returns…

I got my GC in Jan-2008 but dated from 30-Nov-07.

For the tax year 2007 – I was in US only for 2 months in 2 different states (LA, GA) but I received 3 W-2s – one for IL (which was an adjustment for a fault of 2006), one for LA, one for GA.

I filed taxes online and did a 1040A for Federal as a resident & filed Non-Resident for IL, LA and GA but I realized that I should have filed Part-Year Resident for LA and GA. Do I need to file amendments just to update the status to Part-Year resident? I calculated and there is no change in the income tax…

I am asking these questions from a futuristic perspective because I read in the attached document (See File Tax Returns section) that if we file tax as ‘Non-Resident’ it means that we give up our LPR status.

Kindly guide.

It is illegal to file tax as non-resident when you have GC for the taxable year. file as part year resident if you live less than the whole year in any state. Now, you already filed as non resident, then I do not know how you can fix that may be by amendment and waiting for other inputs

 

[Jackolantern]

It is illegal to file tax as non-resident when you have GC for the taxable year.

It is OK to file as a nonresident on a state return, as long as there is another state for which you filed as a resident (or your state of residence doesn't have state income taxes). Business trips of a few weeks or months in state X while leasing/owning a main residence in state Y don't make you a part-time resident of X, that just makes you a nonresident of X with income taxable to X.