If you were a Nonresident of the US on an L-1 visa at the end of the tax year, you do not need to pay capital gains tax on stock sales sold in the US or the income received in the US from your home country.
You are a US tax resident if you are a green card holder or if you pass the Substantial Presence Test.
You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:
- 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.
If you had less than 183 days in the US, using the above calculation, then you should file as a full year nonresident.
If you are not a US nonresident, you will need to file a dual status return and report all income received in the residency portion of the year. You can claim a foreign tax credit in the residency period to help offset any double taxation.
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