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FAQ

My landlord wants me to fill a W9 Form, but I am a non-resident alien for tax purposes. Will this raise a red flag with the IRS?
If you are not a resident alien, you don't provide a W-9, but a W-8. See the Instructions for the Requester of Form W-9 (08/2013) on the IRS Web site.Having said that, as Wray notes you may be a resident alien for 2014, depending on your visa and the number of days that you spend in the US in 2014.
I interned in California for 3 months in 2014. Am I considered a resident or non-resident (part-year resident) for tax purposes?
California law defines a resident as someone who is either domiciled in California, or who is present there for other than a temporary or transient purpose. As an intern, you are pretty clearly present there for a temporary or transient purpose, so if you aren't domiciled in California you're a nonresident for tax purposes.
Can you be a California resident for tax purposes if you are not a US resident for tax purposes?
For income tax purposes, no, if you are a CA resident, then you are also a US resident. That does not mean you are not subject to any CA tax simply because you don’t live in the state. Sales tax, franchise tax and any number of other CA excise taxes can still apply to non-residents.
Is a US non-resident alien for tax purposes, who needs to fill out a 1040NR, forced to report their worldwide income, just like US citizens and residents do on their 1040?
No. Income not effectively connected to the US business / trade means non-business income sourced from the US, such as rent, dividend, interest etc. Some of the US income may not be subject to tax at all even they are sourced from the US.Whether your LLC/you is a US person should depend on your physical location, duration of your stay in the US, your permanent establishment, and where your LLC incorporated. It could be complicated and need more information to determine.
Can I be a tax resident of California while being a federal non-resident alien for tax purposes? I meet the tax residency requirements for California but am on an F1 visa. However, it also seems you can only file a 540NR if you file a 1040NR.
F1 is a non-immigrant US visa, time in the US on a non-immigrant visa is not counted as time you were present in the US or any state for tax residency purposes until you have been present for more than 5 years. On the day that you have been present 5 years and one day, you start counting days present for tax residency purposes.If you don’t meet the qualifications to be a US tax resident, you don’t meet the qualifications to be a California tax resident.
I am a resident of California. I interned in New Jersey last year. From what I read, all I need is two state tax forms and one non-resident form for federal taxes. Do I also need to take into account that I live in California, but I interned out-of-state? Will this alter my process to file the taxes?
Let’s see if I understand this. You live in California. You interned in New Jersey. Why are you a non-resident for the Fed? You lived in the US, you are a resident. I’m guessing you lived in New Jersey while you were an intern, so you would file a part year resident for New Jersey. If you moved from Jersey to Ca mid year then you would file as a part year resident for California also.Get someone to do this for you as you don’t seem to understandGetATMEtaxprep.com