Non-resident alien and filing state taxes?

In 2006, my girlfriend was a non-resident alien who was in the U.S. temporarily for training and temporarily living in NYC. The company she worked for is located in NJ. She has a SS# so she federal and NY state taxes were withheld from her paychecks. She's filed a 1040NR-EZ for her federal return. Does she need to file an IT-203 for her NYS return? The directions on the IT-203 form says she needs to file only if she received New York source income...but the company was based in NJ?! I plugged in all the numbers using NY stats and it looks like she's getting a small refund but I'm not sure if that's the proper way to do it. Any help would be appreciated.

Public Comments

  1. Where you live and work are what matters, not where the employer is located. Many people work for an employer based in another state -- look at the auto manufacturers or Wal-Mart. She'll have to file a NY State return as a non-resident.
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