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New York State Department of Taxation and Finance. International Students and Scholars Spring 2013 Workshop. New York State (NYS) Income Taxes. If you did not have income and only need to send Form 8843 to the IRS …… then, you do not need to file a New York State income tax return. .

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new york state department of taxation and finance

New York State Department of Taxation and Finance

International Students and Scholars

Spring 2013 Workshop

new york state nys income taxes
New York State (NYS) Income Taxes

If you did not have income and only need to send Form 8843 to the IRS ……

then, you do not need to file a New York State income tax return.

filing a nys income tax return
Filing a NYS Income Tax Return
  • You must first determine if you are considered a NYS resident or a NYS nonresident for income tax purposes.
  • New York State residency rules differ from those of the Internal Revenue Service.
  • Once you determine your residency status for NYS income tax purposes, then you must determine if you are required to file a NYS income tax return.
undergraduate student rules
Undergraduate Student Rules
  • Undergraduate full-time students, whose permanent home is not New York, are considered NYS nonresidents for income tax purposes.
  • Note: The rules for determining NYS residency status are different for graduate students and visiting scholars than for undergraduate students.
graduate student and scholar residency rules
Graduate Student and Scholar Residency Rules
  • If you are NOT a full-time undergraduate student and your domicile (permanent home) is NOT New York State, but you maintained a permanent place of abode (on-campus apartment or off-campus apartment or house) for more than eleven months during the calendar year 2012 AND spent more than 183 days in New York, you are a NYS residentfor income tax purposes.
  • If you subleased your apartment or home, you are still considered to have maintained an apartment or home.
  • Note: Dormitory rooms are not considered to be permanent places of abode.
slide6

If you are NOT a full-time undergraduate student, please answer these questions to determine if you are a NYS resident or nonresident for NYS income tax purposes.

did you receive a nys refund in the calendar year 2012
Did you receive a NYS refund in the calendar year 2012?
  • If you took an itemized deduction on your federal income tax return last year for the state and local income taxes you paid and received an income tax refund from a state or local government, the Internal Revenue Service requires you to include the refund amount as income on your federal (IRS) income tax return this year.
  • If you do not have your income tax records from last year and do not know if you received a NYS refund, you may call the 1099-G Hotline at 518-457-5181 and ask a department representative for that information.
which tax forms should i complete

Which Tax Forms ShouldI Complete?

Note:

Forms requirements differ for

NYS residents and nonresidents

which nys tax forms should i file
Which NYS tax forms should I file?
  • If you are a nonresident for NYS income tax purposes and are required to file an income tax return, you will need to file:
    • Form IT-203, “Nonresident and Part-year Resident Income Tax Return”
    • Form IT-203-B to report where you live in NYS
    • If you received a W-2, attach the state copy to your IT-203 and IT-203-B
  • If you are a resident for NYS income tax purposes and are required to file an income tax return, you will need to file:
    • Form IT-201 Resident Income Tax Return
    • If you received a W-2, attach the state copy to your IT-201
who must file a nys income tax return

Who Must File a NYSIncome Tax Return?

Note:

Filing requirements differ for

NYS residents and nonresidents

if i am a nonresident do i need to file a nys income tax return
If I am a nonresident , do I need to file a NYS income tax return?

Yes, if you meet any of the following conditions:

  • You had New York-source incomeand your New York adjusted gross income (Federal amount column line 31 on Form IT-203) is more than:

$7,500 for single individuals

$3,000 if single & can be claimed as a dependent on another taxpayer’s federal income tax return

$7,500 if married & filing separate income tax returns

  • You want to claim a refund.
if i am a resident do i need to file a nys income tax return
If I am a resident, do I need to file a NYS income tax return?

Yes, if you meet any of the following conditions:

  • If you are required to file a federal income tax return.
  • If your federal income is more than: $4,000 for single and married

$3,000 if single & can be claimed as a dependent on another taxpayer’s federal income tax return

  • You want to claim a refund or credit.
nys conforms with internal revenue service
NYS Conforms with Internal Revenue Service
  • New York State (NYS) complies with ALL tax treaties that the Internal Revenue Service uses.
  • Your Federal (IRS) Adjusted Gross Income is the starting point in computing your New York State income tax. The amount you include as income on your federal income tax return is transferred to your NYS income tax return.
  • New York State-source income for nonresidents is your Federal (IRS) Income that you earned in New York State.
  • New York State income for residents is the TOTAL Federal (IRS) Income that you earned.

Note: If you earned income in any other state in the U.S., please consult that state for income tax filing requirements.

general guidelines
General Guidelines
  • If any part or your New York scholarship or New York fellowship was included as INCOME on your federal income tax return, then enter it on the line for OTHER INCOME on your NYS income tax return.
  • If you included the 2011 State income tax refund you received in 2012 as income on your federal income tax return, you can subtract this amount on your New York State income tax return before you begin computing your New York State income taxes.
filing status guidelines
Filing Status Guidelines
  • If you checked “single” on your federal income tax return and are required to file a NYS income tax return, you MUST check “single” as your filing status on your NYS income tax return.
  • If you checked “married” on your federal income tax return, you must check “married” on your NYS income tax return.
  • If you are married and filing federal Forms 1040-NR or 1040-NR-EZ, you must check “married filing separate” as your filing status on your NYS income tax return.
  • NOTE: Special rules apply for same sex married couples.
general guidelines1
General Guidelines
  • Unlike the federal income tax return, NOPERSONAL EXEMPTIONis allowed for you or your spouse on the NYS income tax return.
  • You are allowed the SAME number of DEPENDENT EXEMPTIONSas claimed on your federal income tax return. The New York Dependent Exemption is $1,000.
  • Unlike the federal income tax return, EVERYONE filing a NYS income tax return may claim a New York STANDARD DEDUCTION.
  • You must enter your date of birth on your New York State income tax return.
new general guidelines
New General Guidelines
  • Foreign financial account information is required on Form IT-203 or IT-201. You must acknowledge if you have a financial account located in a foreign country. For those completing a Form 1040NR or 1040NR-EZ ,check “yes” only if you are carrying on a trade or business and are required to complete federal schedule B.
  • Whole dollar amounts required on income tax forms - For tax years 2012 and after, taxpayers must enter whole dollar amounts on income tax forms (ie. no cents).
  • Additional account information required on Form IT-201 - For direct deposit or electronic funds withdrawal, taxpayers must now designate whether the checking or savings account is a personal or business account.
nys 2012 standard deduction amount

Filing Status

Standard Deduction

Single

can be claimed as a dependent on another’s

income tax return

$3,000

Single

cannot be claimed as a dependent on another ‘s

income tax return

$7,500

Married Filing Jointly

$15,000

Married Filing Separately

$7,500

Head of Household

with qualifying person

$10,500

Qualifying Widow(er)

with dependent child

$15,000

NYS 2012 Standard Deduction Amount
new york state and local sales and use tax
New York State and Local Sales and Use Tax

You owe a sales and use tax if:

You purchase property or a service delivered to YOU in New York State without payment of sales and use tax (Ex. Internet, catalog purchases).

Most tangible personal property such as clothing, jewelry, furniture, computers, videos, etc. is subject to New York and Local Sales tax.

If you do not owe New York State sales and use tax, enter a ZERO on the sales tax line.

DO NOT leave the line blank.

who is entitled to a nys household credit
Who is entitled to a NYS household credit?

Individuals who:

  • Cannot be claimed as a dependent on another person’s federal income tax return AND
  • Whose tax filing status and income on the NYS income tax return (either as a New York resident or nonresident) is:
    • Single and federal adjusted gross income is $28,000 or less
    • Married and federal adjusted gross income is $32,000 or less
  • The household credit is NOT refundable and will only reduce your NYS tax.
  • See IT-201 and IT-203 Instructions booklet for household credit chart.
slide23

You must complete your Federal Income Tax Return before completing your NYS Income Tax Return.Do NOT include on your NYS Income Tax Return any income that is exempt because of your country’s treaty with the U.S. Only transfer the amounts included in federal adjusted gross income.

slide24

Joy Kim is a graduate student at the State University of New York. She received her undergraduate degree from the University of California. She moved to New York from California on June 30, 2012 and, since then, has lived in an apartment in New York. She has been in the U.S. for five years or less and has filed a nonresident (1040NR-EZ) federal income tax return. What NYS income tax return does she file?

slide25

Joy Kim is NOT a full-time undergraduate student. Please answer these questions to determine if she is a NYS resident or nonresident for NYS income tax purposes.

slide26

When completing a New York State income tax return, you will transfer to the NYS income tax return only the amounts included in federal adjusted gross income.

-----

sample form w 2 from california used for form 1040nr ez example
Sample Form W-2 from California Used for Form 1040NR-EZ Example

XX-XX-0101

15-XXX0101

72-XXX0000

slide30

Complete Lines 1 through 19. Transfer the amounts from your federal income tax return to the federal amount column and income you earned in New York State (New York-source income)to the NYS amount column.

slide31

Start with your federal adjusted gross income. Then determine your New York adjusted gross income. If you included a state refund you received in 2012 as income on your federal income tax return, subtract it on Line 24 to find your New York adjusted gross income.__________________________________________________________________________

slide33

If you have a dollar amount on line 37 (NYS taxable income), find your income tax in the Tax Table on page 57 of the IT-203 instructions booklet.

slide35

NYS household credit chart for a single person who CANNOT be claimed as a dependent on another taxpayer’s federal income tax return – See page 34 of the IT-203 instructions booklet.

slide37

Line 56 (IT-203) is used to report the amount of sales tax you owe. If you do not owe sales tax, enter “0” on Line 56.On page 36 of the IT-203 instructions booklet, there are instructions for computing the amount of tax due if you owe. If you DO NOT owe Sales and Use tax, enter a ZERO on Line 56. Do NOT leave Line 56 blank.

income tax refunds
Income Tax Refunds
  • Three options for refund: direct deposit, paper check or DEBIT CARD
  • DEBIT CARDS –a new way for individuals to receive their New York State income state tax refund.
  • The DEBIT CARD benefits anyone NOT using the direct deposit method to receive their New York State income tax refund or anyone who enjoys the security and ease of debit cards for bill pay and making purchases.
  • For information on the NYS refund debit card visit our website:
  • www.tax.ny.gov/pit/file/debit_cards.htm
  • Youtube video also available
sign and date nys income tax return note you may need to complete form it 203b
Sign and Date NYS Income Tax Return. Note: You may need to complete Form IT-203B

Joy Kim

Student

3/1/2013

Joy.kim@gmail.com

slide41

If you maintain living quarters (e.g. home, apartment) in NYS and are completing Form IT-203, complete section B on Form IT-203-B and attach it to Form IT-203.

filing a new york state resident income tax return
Filing a New York State resident income tax return
  • Kumar Dali is a graduate student from India and has been in the U.S. less than five years. He filed as a nonresident for federal (IRS) income tax purposes (Form 1040NR-EZ).
  • Kumar Dali moved to Buffalo, New York in August 2011. For the calendar year 2012, Kumar rented an apartment in Buffalo for the entire year. Kumar went home to his country on May 15, 2012 and returned to New York State on August 22, 2012. While he was away from New York, he continued to maintain his apartment.
slide44

Kumar is NOT a full-time undergraduate student. Please answer these questions to determine if he is a NYS resident or nonresident for NYS income tax purposes.

sample form w 2 from the state of new york
Sample Form W-2 from the State of New York

XXX-XX-0000

16-XXXXXXX

Collegetown NY 00000

Kumar Dali

3636 Main St

Buffalo NY 14214

16-XXXXXXX

2012

slide46

Completing IT-201: School District NAME and CODES can be found on page 44 of the IT-201 instructions booklet. (Note: This is generally the city/town where you reside.)

from page 44 in it 201 instructions booklet kumar lived in erie county in buffalo new york
From page 44 in IT-201 instructions booklet - Kumar lived in Erie County in Buffalo, New York
  • Erie County School District Names and Codes
slide50
If you have NYS taxable income, find your income tax in the tables on page 48 of the IT-201 instructions booklet.
slide52
NYS Household Credit chart for a single person who CANNOT be claimed on another taxpayer’s federal income tax return

Federal AGI (federal adjusted gross income) is the amount from Form IT-201, Line 19

sign and date nys income tax return
Sign and Date NYS Income Tax Return

Kumar Dali

Student

Kumar.dali@gmail.com

where to file nys income tax returns
Where to File NYS Income Tax Returns
  • If you owe money to NYS, mail your NYS income tax return with a check or money order to:
    • STATE PROCESSING CENTER
    • PO BOX 15555
    • ALBANY, NY 12212-5555
  • If you don’t owe money or expect a refund, mail your NYS income tax return to:
    • STATE PROCESSING CENTER
    • PO BOX 61000
    • ALBANY, NY 12261-0001
nys residents who earned income in other states
NYS residents who earned income in other states
  • If you are a New York State resident for income tax purposes, your total income, as reported to the IRS on your federal income tax return, is reported on your NYS resident income tax return.
  • However, if you are required to pay taxes to other states, you may be entitled to claim a resident tax credit by completing the other state income tax return first and then completing Form IT-112R, NYS Resident Tax Credit.
  • The credit you calculate is entered on Line 41 of Form IT-201. You must attach Form IT-112R to your IT-201.
  • Note: There is a similar resident credit form for taxes paid to the Provence of Canada, Form IT-112C.
due date of nys income tax return
Due Date of NYS Income Tax Return
  • Filing due dates for your 2012 NYS Income Tax Return
    • Income tax return: April 15, 2013
    • Request for extension of time to file: April 15, 2013

https://www8.tax.ny.gov/PEXT/pextHome

income tax filing tips
Income Tax Filing Tips
  • Remember to:
    • Sign your income tax return.
    • Enter your Social Security Number and date of birth on your income tax return.
    • If you received a W-2, attach a state copy or the W-2 to your NYS personal income tax return.
    • Do not send any federal forms to New York State
free tax information 518 457 5181 foreign language assistance is available

Free Tax Information518-457-5181(foreign language assistance is available)

VISIT OUR WEB SITE www.tax.ny.gov

slide61

The material included in this slide show is intended only to highlight NYS tax issues as of the date presented. For more comprehensive information, please refer to our TSB-M’s, forms, instructions and publications.

QUESTIONS?

THANK YOU