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Yes, you are a U.S. tax resident until July when you left the U.S., and then a non-resident for the rest of the year.
During your residency period, you are taxed on worldwide income. After July you are only taxed on U.S. source income.
You still have to file a dual-status return to show you did not have any U.S. income during your period of non-residency. The non-resident Form 1040NR or equivalent statement would basically be blank.
Contact TurboTax partner Sprintax.com to file a dual-status return. TurboTax does not support this type of return.
No, you won't be able to request an extension for your 2021 amended return. As far as 2022, you can put in the corrected information from the W2C into the program.
Also for 2021, if you receive a corrected W2C for 2021, you may also edit the W2 entry for that year. After you make the correction and continue past the W2, there will be a screen that says Let's Check for Uncommon Situations. Make sure you check the box that says W2 was corrected by my employer. You will also perform this same procedure in your 2022 return.
Here is a snapshot of that screen.
File a dual-status return since you left the U.S. in 2022. TurboTax does not support dual-status returns. You can file with TurboTax partner Sprintax.com.
See: Taxation of Dual-Status Aliens.
An F-1 visa gives you exempt status for the first five calendar years, If you were continuously in the U.S. since 2015, you would have qualified to be a U.S. tax return in 2020.
Does this mean I was a resident aliens for the first half of 2022 given I passed the substantial presence test? When filling tax return for part of the year I was a resident aliens, do I report income from all sources including international just for that period (Jan-July)?
However because my visa expired mid 2022 and I left the country for the UK, was my status non resident aliens for the second half? Am I only taxed on income from U.S. sources only for the second half? I did not earn any income from the US during the second half? What should I do?
Yes, you are a U.S. tax resident until July when you left the U.S., and then a non-resident for the rest of the year.
During your residency period, you are taxed on worldwide income. After July you are only taxed on U.S. source income.
You still have to file a dual-status return to show you did not have any U.S. income during your period of non-residency. The non-resident Form 1040NR or equivalent statement would basically be blank.
Contact TurboTax partner Sprintax.com to file a dual-status return. TurboTax does not support this type of return.
Thank you so much. Very helpful! Given my status, can I claim the standard deduction on my US Tax resident form?
One last question, I worked in the US until July 11 and left that same day. My pay hits my US account on July 15, would this be considered as income earned while non resident? I have one W2 which has a total of the income earned from Jan to July which I'm looking to report on 1040 but wanted to confirm that last payment received on the 15th.
No, you will report this income on your US tax return since you earned this income in the US. It doesn't matter when you get paid.
I understand but I was asking if I should report it on the 1040 or 1040NR? The income was earned while I was still in the US but paid out after I left.
Also, my company has not been deducted FICA taxes on my paychecks because they taught I was exempt due to my F1 status. I already filed my 2021 taxes as resident aliens? What should I do?
I apologize. I meant to say you would report this income on your 1040 tax return as a resident alien since it was earned in 2022. According to this link, if your employer will not correct this for you, you do have the responsibility of reporting your FICA taxes because you weren't exempt in 2021 and 2022.
Now to report FICA taxes that weren't withheld, here is how to report although it may not seem easy. You will need to report this first as Self-Employed income by going to federal>wages and income>self-employment>self employment income. Once here, you will handle generic questions about your business (which isn't a business).
Now since this income is already reported and you paid federal tax from it, you will need to exclude the income already claimed for federal income tax purposes so the FICA taxes will only be assessed. Here is how to do it.
Now, you will need to amend your 2021 return using the steps I have just described. To amend your 2021 return using Turbo Tax online;
Thank you. My firm will correct this for me. They sent me a bill of FICA taxes to pay to them and they will issue me a new W2c. Can I amend my 2021 using the new W2c? Will the steps be same as noted below or different? Do I just edit the W2 info I initially inputed on my return?
It take about 5 weeks to get a new W2c. Am I able to request extension on amendment? I already have an extension for 2022 so I'm good there.
No, you won't be able to request an extension for your 2021 amended return. As far as 2022, you can put in the corrected information from the W2C into the program.
Also for 2021, if you receive a corrected W2C for 2021, you may also edit the W2 entry for that year. After you make the correction and continue past the W2, there will be a screen that says Let's Check for Uncommon Situations. Make sure you check the box that says W2 was corrected by my employer. You will also perform this same procedure in your 2022 return.
Here is a snapshot of that screen.
Thank you
Hi Dave - I was a dual status in 2022, a resident alien for the half of the year and a non resident aliens for the rest of 2022 as I moved out of the US in July 2022. I just moved back last month for work and I'm wondering what my status is for 2023? I lived and worked abroad from July 2022 - to October 2023. What's my status for 2023? Thank you
@-w--sy48 having gone through thread, and noting that you are back in the USA ( with what Visa ? ) , it would be useful to know which country are you from, how long you plan to stay this time, if you worked for a US entity ( or US govt and its departments ) while abroad, did you pay taxes to a local taxing authority while away from the USA. Also when you left the USA in June/July 2022 did your visa end or what, did you already file 2022 return as dual or what ? Note that we need the exact dates when you left the USA and when you entered back.
I will circle back once I hear from you .
pk
pk
Thanks for responding. I did not work for a US entity when I left in Mid 2022 (July 8). I am an alien. I filed a dual status in 2022 given I was a non resident alien for the first half up until I moved out of the country in Mid 2022. My visa and status expires as soon as I left and I had no legal status in the US after that.
I entered back on Oct 10 with a new status/visa.
@-w--sy48 , you appear to have closed off the possibility of Foreign Earned Income exclusion. And so you will need to pass SPT ( all days present in the current 2023, plus 1/3 days present in 2022 and 1/6th the days present in 2021). Till you pass SPT , you are taxed as a Non-Resident Alien ( taxed only on US sourced income ) and thereafter you are a resident alien for tax purposes ( being taxed on your world income. Please note that if you are eligible to file as a dual status tax payer, you still cannot use standard deduction and any passive US sourced income would be taxed at a fixed rate.
You also did not tell me which visa you came back with ( H-1B or similar or J or what ) , nor which country are you from -- these may have a bearing
Is there more I can do for you ? If so please consider answering my questions in FULL
pk
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