Tax Related question for Immigration

L

luckyandcurious

Registered Users (C)
Hello Friends,

I know it is not related to I-140, but it is somewhat related to immigration, so

I have a question:

My payroll is generated from IL (No State tax) and my employer didn't withheld any tax for that state in my W2 and I live in NY (full year resident).

1) Do I need to pay state tax for NY.
2) If I don't pay, what will be the consequences with respect to GC.
 
1. Legally, you have to file 0 tax to IL, as a non-resident and then file the NY state taxes as a resident. Then IL will refund all the tax deducted (if any), and NY will charge the taxes. We specifically do this, if we happen to pay more tax for the non-residing state than to the residing state. In this case, since you are getting good benefit, I will just let this continue.

2. There is no direct communication between INS and IRS. But at the time of approval, or at an RFE reply, they may find this, and may question you about this.

I am not a specialist and this is what I was answered by a tax consultant.
 
Hi jaiganesh,

Thank you very much for your reply.

I didn't file for 2003 (I was not whole year resident for 2003) and I didn't file for 2004 (Full year resident). So, what do you suggest me.

Any help from anybody would be greatly appreciated.
 
my understanding is where you work and where you file your tax. For ny where you live, you might still need file and you should be able to take the no-resident credit, which ends you will pay $0 tax at ny.
 
At the time of approval, your tax should be cleared........if not you have to pay it with penalty-fee.
 
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