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ondrejcc22
Level 1

Dual Status tax return after for European leaving USA

Hey folks, I was on L1b in 2017, 2018 and in 2019 (until May 15th) -> then I left to Europe and worked the rest of 2019 there.

 

From my understanding, even though I classify as us tax alien (since I spent more than 183 days in the last 3 years in USA), I can still file under Dual Status (is my assumption right?) in this order: Form 1040NR labeled "Dual Status Return" with Form 1040 attached as a schedule and labeled "Dual Status Statement."

 

If I understand it right I can use TurboTax for 1040 form (just need to print it instead of e filing). If I had no US income while in Europe - shall I just print and fill 1040NR with 0 and properly fill the dates on my stay in usa? 

 

Many thanks in advance

3 Replies
LinaJ2020
Expert Alumni

Dual Status tax return after for European leaving USA

Yes, you understand correctly.  If you do not have any US-sourced income, you will still file Form 1040-NR ( with zeros and date).  Enter “Dual-Status Return” across the top and attach a statement showing your income for the part of the year you were a U.S. resident.

 

I am attaching the following links for your reference:

 

Residency end date, under "Residency Ending Date Under the Substantial Presence Test"

https://www.irs.gov/pub/irs-pdf/i1040nr.pdf, page 10 under "What and Where To File for a Dual-Status Year"

 

 

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ondrejcc22
Level 1

Dual Status tax return after for European leaving USA

Hi Lina 🙂

 

Many thanks for your answer. I just need a couple of details to make it completely clear for me.

 

Form 1040-NR ( with zeros and date) - should I use sprint tax to fill the form? Or is it really about writing 0 into my income, not including my European income and writing how many days I spent outside of USA?

 

Regarding "a statement showing your income for the part of the year you were a U.S. resident" - could I use TurboTax 1040 for it. Of course I'd need to print it out not e-file it.

+ I'll attach Statement Required to Establish Your Residency Termination Date

 

 

LinaJ2020
Expert Alumni

Dual Status tax return after for European leaving USA

If you do not have any US source income, it would be just all zeros on Form 1040NR.  I would not waste money paying SprinTax to do that.  You can download the tax forms free from the IRS website.  Click here: Form 1040NR and 1040NR instructions  You can just hand-write the information including the date on the front page of the form.  

 

Yes, for the residency portion, you can use TurboTax to prepare your Form 1040.  You won't be able to e-file but print out the forms to paper-file.

 

 

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