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Level 2
September 29, 2025
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Dual Status Filing Question

  • September 29, 2025
  • 2 replies
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Hello, this is my first year filing US taxes as I became US resident in June 2024. Never been in the US before.
I did not have any source of income in the US for entire 2024. My only income is foreign income - India Govt Pension and Bank Interest. I am a senior and retired. I have couple of questions.

 

1) Do I need to file 1040-NR for the part of the year I was non-resident? Again, no US source of Income at all. In other words, what would I enter in the 1040-NR when no US income?
2) I will file 1040-SR for the remaining part of the year as a Resident. Can I take the entire standard deduction since this is part year or does it have to be partial? If no, then how do I adjust or enter it in turbotax?

 

Thank you!

    Best answer by pk_

    @user17591658047  agreeing with my colleague @Opus 17 , under article 19 para1, your govt. pension for services rendered to India, the pension distribution is only taxable by India

    Your passive earnings  ( interest / dividend etc. ) are however taxable in US.  India may also tax these incomes.

    If India taxes these incomes and you wish to avail of  foreign tax credit, then you have to file a return. Additionally if the gross world income ( exclusive of  Govt. pension) is above the deduction ( itemized ), you probably have to file a return.

    My general sense is that  ( especially given the current political environment) it is probably better for you to file a 1040 return showing your world income ( pension, passive income etc. ), excluding the pension income ( as  negative "other" with notation  " US-India Tax Treaty article 19 " and claiming Foreign Tax Credit ( if there is any passive/interest earning taxed by India ) --- note that because of  US and India tax calendars being different , you may have allocate the incomes according to US tax Calendar.  This should result in nil to very little  US taxes.

    Assuming that your GoI pension and interest earnings are deposited into an Indian bank account, as a US person ( citizen/GreenCard/Resident for Tax purposes ), you do come under FBAR  ( ONLY on-line form 114 at FinCen.gov) and FATCA  ( form8939 along with your  form 1040 ) -- see requirements  here  -->

    Comparison of Form 8938 and FBAR requirements | Internal Revenue Service

    I am assuming from your post so far that  you are living here with GreenCard with  family and therefore may not be moving funds between India and US.  However, note  that  any movement of US$10,000 or more  ( domestic or international) always result in SAR ( Suspicious Activity Report )  being raised by US bank as a matter of course -- no impact on anything.

    Is there more one of us can do for you ?  You can post here or PM me ( just NO PII -- Personally Identifiable Information)

     

    Namaste ji

    2 replies

    Level 15
    September 29, 2025

    What makes you a US resident for 2024?  Substantial presence test, green card, or something else?

     

    @pk12_2

     

     

    Level 2
    September 29, 2025

    Green Card in June 2024

    Level 15
    September 29, 2025

    @user17591658047 , Namaste ji

    (a) Please answer the questions asked by my colleague @Opus 17 . We need to know this because your residency start date  depends on when your first  day of legal presence in the country.  So when did you enter this country ? And with which visa ?

    (b) If indeed  your  start of residency  is NOT  Jan1st. then generally you cannot take the standard deduction ( because it does not allow allocation) and must use itemized deduction.

    (c) Need more details on your pension -- generally distributions from public/ govt. funds  is taxable only by the distributing country.  So is your pension from civil service ( central like IAS, IFS, IPS etc. or State Govt. services  etc. ) ,   defense services  etc. or what?

    (d) Have you already filed the Indian ITR and were you taxed on your "pension" ?

     

    I will circle back once I hear from you --yes ?

    Is there more I can do for you ?

    Namaste ji

     

    pk

     

    Level 2
    September 29, 2025

    hello @pk12_2
    a) Received green card and entered US in June 2024.
    b) Since its not Jan 1st, I understand that I need to go with itemized deductions.
    c) Pension is from government of India and taxed in India. Is this taxable in the US?
    d) Yes already filed ITR and have paid taxes on pension and the interest income.

     

    Thank you for your help. Any additional info needed let me know.

    Level 15
    September 29, 2025

    @user17591658047 wrote:

    hello @pk12_2
    a) Received green card and entered US in June 2024.
    b) Since its not Jan 1st, I understand that I need to go with itemized deductions.
    c) Pension is from government of India and taxed in India. Is this taxable in the US?
    d) Yes already filed ITR and have paid taxes on pension and the interest income.

     

    Thank you for your help. Any additional info needed let me know.


    At the risk of being corrected, it is usually the case that, if there is a tax treaty with the other country (and you properly pay that country's taxes), then government social/retirement benefits that are similar to US social security are only taxed in the home country, not the US.   If you have other world-wide income (investments, private pension, part-time job) that will be taxed in the US, but not your Indian government benefit. 

     

    I don't think you need to file a US return at all if you have no other income.