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Get your taxes done using TurboTax
It depends. Let's analyze this from a Substantial Presence Test perspective. To be considered a resident alien, you would need to be physically present in the US:
- 31 days during the current year, and
- 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
- All the days you were present in the current year, and
- 1/3 of the days you were present in the first year before the current year, and
- 1/6 of the days you were present in the second year before the current year.
Your 343 days you were present in 2022 is enough to qualify you as a US resident for tax purposes. Now, since you moved to India in Dec, 2022, this does not cancel your obligation to report your Indian income on your return. You still need to report your worldwide income.
What the treaty does allow you to do is claim a foreign tax credit (FTC) for foreign taxes that was paid to India for the amount of income you earned in December. To claim the FTC, go to federal>deductions and credits>estimates and other taxes paid>foreign taxes.
Let us know if this helps and reach bac if you have additional questions.
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