topic What is my residency status in 2025 if i stayed 2023 - 0 days, 2024 - 351 days, 2025 - 57 days 2024 = Dual resident(Came in the middle of January) in After you file

What is my residency status in 2025 if i stayed 2023 - 0 days, 2024 - 351 days, 2025 - 57 days 2024 = Dual resident(Came in the middle of January)

ankur11 — Wed, 11 Feb 2026 10:23:14 GMT

I am a non us citizen. I came to USA on L1 visa in January 2024. I plan to stay though out 2024. However I plan to move back in February 2025.

Is my residency calculation correct below

2023 - 0 days, 2024 - 351 days, 2025 - 57 days

2024 - Dual status since I came in the middle of January and meet the substantial presence test.

2025 - Non Resident. 57 + (351)/3 + 0 = 174 and don't meet the substantial presence test.

Also, my residency termination date is 31 December, 2024. Right?

Re: What is my residency status in 2025 if i stayed2023 - 0 days,2024 - 351 days, 2025 - 57 days2024 = Dual resident(Came in the middle of January)

pk — Sun, 04 Aug 2024 21:09:01 GMT

@ankur11 , generally correct assuming that you had zero days in 2022 and 2021.

Namste ji

Re: What is my residency status in 2025 if i stayed2023 - 0 days,2024 - 351 days, 2025 - 57 days2024 = Dual resident(Came in the middle of January)

ankur11 — Mon, 05 Aug 2024 03:35:22 GMT

@pk Yes, 0 in 2022, 2021. So for 2024 I shall be filing 1040 with 1040NR statement. For 2025, I shall be filing 1040 NR. Is this correct?

Thank you so much.

Re: What is my residency status in 2025 if i stayed2023 - 0 days,2024 - 351 days, 2025 - 57 days2024 = Dual resident(Came in the middle of January)

pk — Mon, 05 Aug 2024 19:22:04 GMT

@ankur11 , generally correct --- just make sure that you fulfill the immigration requirements when you leave the country ---- to protect your foreign income ( your home country income ) is not taxed by the US.

Also note that TurboTax doers not support the preparation / submittal of form 1040-NR.

Is there more I can do for you ?

Namaste ji

Re: What is my residency status in 2025 if i stayed2023 - 0 days,2024 - 351 days, 2025 - 57 days2024 = Dual resident(Came in the middle of January)

ankur11 — Tue, 06 Aug 2024 13:25:47 GMT

@pk Can you please elaborate what immigration requirements? I am planning to get a sailing permit. Also, Since I will be a non resident wont my home country income automatically not taxed in the US

Re: What is my residency status in 2025 if i stayed2023 - 0 days,2024 - 351 days, 2025 - 57 days2024 = Dual resident(Came in the middle of January)

pk — Tue, 06 Aug 2024 18:49:46 GMT

@ankur11 ji, rather than my paraphrasing the requirements ( many items may not be applicable to you though ), I will refer you to "horse's mouth " -- the IRS -->

Departing Alien Clearance (Sailing Permit) | Internal Revenue Service (irs.gov)

Please note depending on the state where you reside, there may also be filing requirements .

Really all have to assure is that all taxes have been collected / withheld.

You still have to file an end of the year return.

A few points to note:

1. You should keep your US bank account operational for perhaps six months or so after filing your final return ( if there is a refund from IRS or from the state these will be US$ denominated checks or direct deposit ( preferrable ).

2. Any interest / dividend earnings once you are a non-resident ( and recognized on form 1040-NR ) will attract a flat 30% federal tax and/or impacted by Tax treaty between US and your tax home country ( India ? )

3. Even when you have left this country, tax on US sourced income ( passive including rental or capital asset disposition ) may attract US and your tax-home country. Therefore one needs to make plans ( disposition or otherwise ) with an eye to future tax implications.

4. You may want to also look in to Social Security / Medicare tax implications --- you paid FICA in the USA and if your tax-home country has a totalization agreement with the USA ( most countries do ).

As a Non-resident , your "Foreign Source " income is generally not taxable in the USA.

Is there more I can do for you ?

Namaste ji