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advani-karan
New Member

I quit my job in USA in April, gave up my H1B visa and left to go back permanently to my home country (India). Do I need to declare the income earned in India after that?

Though I did pass the substantial presence test for the year 2017, I have been advised by a few tax lawyers/consultants that I do not have to declare the income earned after I gave up my US work visa. Has anyone had a similar experience or any advise? Thanks!
3 Replies
KarenJ
Intuit Alumni

I quit my job in USA in April, gave up my H1B visa and left to go back permanently to my home country (India). Do I need to declare the income earned in India after that?

If you file a dual-status return (resident at the beginning of the year and nonresident at the end of the year) and attach a statement to establish your residency termination date, you would only need to declare your worldwide income for the period of time that you were a US resident.  

TurboTax does not support dual status returns.

Your other option is to file a full year resident return and declare your calendar year worldwide income.  You can utilize foreign tax credit on your US tax return to help offset double taxation.

Please see the following link for additional information. Publication 519 US Tax Guide for Aliens

prashantgupta805
Returning Member

I quit my job in USA in April, gave up my H1B visa and left to go back permanently to my home country (India). Do I need to declare the income earned in India after that?

Hi - I am in similar situation. I was working on H1 since 2012. However, I left US on 27-JUL-2019 and moved to Canada. I pass substantial presence test but I was not in US on last day of year 2019. Can I still file tax as US resident ? Also, can someone point me to part of IRS publication 519 which talks speficifically about my situation ?

SusanY1
Expert Alumni

I quit my job in USA in April, gave up my H1B visa and left to go back permanently to my home country (India). Do I need to declare the income earned in India after that?

For the part of the year that you were a non-resident you will file as such and would file a dual status return in the year that you leave the United States.  

 

TurboTax does not support a dual status return. 

 

You can find the information here: Pub 519 (this link should take you right to the section for H-1 visa holders).  If not, you will find it in the "Publication 519 -Additional Materials, Frequently Asked Questions" section. 

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