Tax question for those in New York state
Mar 9th 2012, 11:37 pm
#1
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Joined: Mar 2012
Posts: 5
Tax question for those in New York state
Hi
Me and my family moved to NY last September. For federal taxes in 2011, we will be considered non-resident aliens because we do not pass the presence test and I understand that we cannot benefit from standard deductions and are limited to one exemption (no exemption for my wife and kids as non-resident aliens).
My question is about the NY taxes, for which we will be considered part time residents in 2011 (full time starting September):
The instructions for the part-time resident form are not very clear for exemptions. Sure, they say I cannot have the exemption for my wife and even me, but I am not sure if I can now claim exemptions for my kids?
Thanks!
Me and my family moved to NY last September. For federal taxes in 2011, we will be considered non-resident aliens because we do not pass the presence test and I understand that we cannot benefit from standard deductions and are limited to one exemption (no exemption for my wife and kids as non-resident aliens).
My question is about the NY taxes, for which we will be considered part time residents in 2011 (full time starting September):
The instructions for the part-time resident form are not very clear for exemptions. Sure, they say I cannot have the exemption for my wife and even me, but I am not sure if I can now claim exemptions for my kids?
Thanks!
Mar 10th 2012, 12:40 am
#2
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Joined: Jun 2011
Location: California
Posts: 471
Re: Tax question for those in New York state
I am no expert, but according to the guy who is doing my husbands tax return we cannot claim for the children either..... we are on H visa's if that makes a difference?!
Mar 12th 2012, 2:33 pm
#3
Forum Regular
Joined: Jan 2012
Posts: 43
Re: Tax question for those in New York state
Hello we are in exactly same position. Moved to upstate New York in September 2011.
You are correct in thinking you cannot have exemption for your wife and we found out you can't either for your children. Our tax advisor looked into this and this was the outcome. Next year when you submit your taxes you'll also have to submit applications for your children's and wive's ITIN numbers as you need these to be able to claim exemptions. I think you can only apply for an ITIN number now when you submit a tax return and the spouse and children are named on the submitted tax return.
Does this make sense? Hope so.
You are correct in thinking you cannot have exemption for your wife and we found out you can't either for your children. Our tax advisor looked into this and this was the outcome. Next year when you submit your taxes you'll also have to submit applications for your children's and wive's ITIN numbers as you need these to be able to claim exemptions. I think you can only apply for an ITIN number now when you submit a tax return and the spouse and children are named on the submitted tax return.
Does this make sense? Hope so.
