Indian citizen having W2 and 1099 forms

Forum|Forum|3 years ago
March 26, 2023
1 reply
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Hi,

I along with my family relocated from the US in 2021. It has been more than 18 months since we relocated. My wife and I are Indian citizens, kids are US citizens. I am filing the taxes as I have company RSU account, trading accounts etc.

* I am planning to file as married-jointly. Is that correct?

* Can I claim standard deductions ($25,100) if I am not in the US during the entire financial year? Read somewhere it is $5,000 for folks in my situation.

* Can I claim child tax credit if I am not in the US during the entire financial year? ($2,000 per kid?)

* Do I have to declare my Indian savings accounts in FBAR?

Thanks,

TurboTax Premier Online

ErnieS0

Level 15

Please clarify your question. You say you relocated to the U.S. in 2021 but also say you were not in the U.S. for the entire year.

How long were you in the U.S. in 2022? Do you have a green card or visa? How about your wife? Does she have a green card or visa?

What type of U.S. income do you have? Do you just have an RSU and trading accounts?

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Iamgroot123Author

Level 2

Sorry, if it was not clear. I mentioned that I relocated from the US to India in 2021. Also, we both don't have green card. We were on H1B and that has expired.

We both switched to the Indian offices of respective US based companies. So, we had unvested RSUs that we could carry over and those vested over the past year.

Also, we both have:

* Trading accounts for which we get 1099-B and 1099-DIV

* Bank accounts for which we get 1099-INT

* RSUs that vest, go into the registered account and our US based companies issue W-2 for those.

ErnieS0

Level 15

You would file a nonresident return if you lived in India for all of 2022. You would not be able to file a joint return or claim your dependents.

TurboTax does not support Form 1040NR. Contact TurboTax partner Sprintax.com to file your return.

If you both had U.S. income, then you would file separate Form 1040NRs. As a nonresident, your investments may not be taxable in U.S.

See Nonresident Aliens - Source of Income for a breakdown of what types of income are taxable.

You would not have to file an FBAR as a noncitizen.

A U.S. person, including a citizen, resident, corporation, partnership, limited liability company, trust and estate, must file an FBAR to report:

a financial interest in or signature or other authority over at least one financial account located outside the United States if
the aggregate value of those foreign financial accounts exceeded $10,000 at any time during the calendar year reported.

See Report of Foreign Bank and Financial Accounts (FBAR).

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