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posted Mar 26, 2025 7:27:51 AM

Do I amend my filing to dual status or resident for the entire year?

 

Hi, I am hoping I can get some insight on my solution on how to handle my taxes:

 

  • I am a resident for tax purposes as per the substantial presence test in the US since 2018 (came into the US on F1). I left the US in July for Canada (I am not a US citizen or green card holder)
  • I have had no US-related income since July 2024, but I have sold some stocks in my US Schwab account after July.
  • I am planning to return to the US in September 2025
  • I have filed my initial taxes as a full-year resident, but my accountant didn't include my foreign taxes because he didn't know that I was expected to do so.
  • Per the IRS and even all the filing software I had tried using, I am a US Resident for tax purposes because I meet the substantial presence.
  • I also know that I can choose the Dual-status filing option

 

My questions:

  • I am in the process of amending the full-year tax-resident filing to include my foreign income. But will it be more accurate/safe to amend it to a dual-status filing?
  • I am 90% sure that I will return to the US this year, but what if I don't return? What will be the repercussions of having filed as a full-year resident for 2024?
  • If I amend to file as a dual-status for 2024 and then return in 2025, can I file a full-year return for 2025 as well?
  • I should have gotten an extension instead of filing, but considering my situation, what's the way forward?
  • Also, my refund has already been processed and deposited. I know that the amendment would reduce my refund and I will have to refund the IRS. If I go ahead to pay what I owe before April 15, I won't get any penalties or interest, right? Because technically, I paid all owed taxes before the deadline for the year?

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1 Replies
Expert Alumni
Mar 28, 2025 4:37:46 PM

Yes, you could amend your return to be a dual-status alien for tax year 2024. You would need to contact Sprint Tax for details on how to switch your filing from a resident to a dual-status alien since your 1040 NR is your main form.

 

If you decide not to come back in 2025, this won't affect your 2024 return. You will qualify as a resident in 2025 if you meet the terms of the substantial presence test.  

 

As far as going the way forward, it depends on the choices you make. You decide whether you want to report the foreign income or not. This would be the only consideration in deciding to file as a dual-status or a full-year resident.  

 

if you decide to amend your resident return, get it electronically filed or post-marked by April 15. Pay the amount with the amendment and you don't need to pay penalties and interest. No need to redeposit money unless your amendment is filed late.