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Returning Member
posted Apr 10, 2022 2:29:08 AM

Can I know my residential status please? I was stayed in US till 6th August' 2021, then I flied back to India Before that I was staying in US from May' 2018

0 5 455
5 Replies
Expert Alumni
Apr 10, 2022 6:34:17 AM

It depends on what type of visa you had.

 

If you did not have any exempt days under an F or J visa then you met the substantial presence test so you would file a dual-status return because you left the US.

 

TurboTax does not prepare dual-status returns.

 

Contact our partner Sprintax.com.

Returning Member
Apr 10, 2022 9:42:02 PM

Hi Ernie, I was on L1 Visa

Level 7
Apr 12, 2022 3:03:55 PM

You are a dual-status alien when you have been both a resident and a nonresident in the same year.

 

You must file 1040NR if you are a dual-status taxpayer who gives up residence in the United States during the year and who is not a U.S. resident on the last day of the tax year. Write "Dual-Status Return" across the top of the return. Attach a statement to your return to show the income for the part of the year you are a resident. You can use Form 1040, U.S. Individual Income Tax Return as the statement, but be sure to write "Dual-Status Statement" across the top.

 

Click on the link for more information

 

Dual Status 

Returning Member
Apr 13, 2022 5:09:15 AM

@ErnieS0 I have checked the residency status in Sprintax.com based on information: number of entry/exit in US and visa information provided by me and it shows me below message:

 

Based on the information you provided, you are deemed a US resident for tax purposes, which means Sprintax software isn’t suitable for you. Sprintax facilitates non-resident tax return preparation only.

However, our partner TurboTax specializes in tax returns for US residents and you can click here to proceed. By pressing "Back", you can edit any information you've entered so far.

 

Should I file tax return as per resident status, not on dual status. Please clarify.

Expert Alumni
Apr 14, 2022 1:35:54 PM

You would file a dual status return because you left the US permanently and were not living in the US at the end of the year.

 

The IRS says:

 

Nonresident at End of Year

You must file Form 1040-NR, U.S. Nonresident Alien Income Tax Return if you are a dual-status taxpayer who gives up residence in the United States during the year and who is not a U.S. resident on the last day of the tax year. 

 

Write "Dual-Status Return" across the top of the return. Attach a statement to your return to show the income for the part of the year you are a resident. You can use Form 1040, U.S. Individual Income Tax Return as the statement, but be sure to write "Dual-Status Statement" across the top.

 

Taxation of Dual-Status Aliens