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JediMaster
Returning Member

Dual status tax return

Hi,

I'm a non-US citizen who worked in the US with J-1 from 2017-2021. I was a resident alien when I departed the US in May 2021 and moved to Australia (not an Australian citizen, but a permanent resident). Since then, I haven't had any US income and have only been paying tax in Australia for my Australian income.

I'd like to file my (belated) 2021 US tax return now.

1) Am I considered a "dual status" in 2021? If so, can you please explain what my options are for filing my taxes (it seems that I cannot use turbotax).
2) Do I need to fill disclose my Australian income in 2021 *after* I departed the US?

I'd greatly appreciate any advice and suggestion.

Thanks.

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1 Reply
pk
Level 15
Level 15

Dual status tax return

@JediMaster , 

for the 2021, since you left at the end of May, you probably were a Resident for Tax Purposes ( substantial Presence Test of 183 days counting all days present in 2021, 1/3rd days present in 2020 and 1/6 th  days present in 2019 and for any purpose ).

Assuming that is true, you would be taxed  on world income for the whole year of 2021 ( including  earnings in Australia).  The way out of this is to prove that  (a) you left the USA on xx/xx/2021; (b) your work visa  was terminated on leaving the USA and (c) since then you have  had closer connection to another country, no income , no connection to USA.

If you are able to do that  ( you cancelled visa/ work permit;  flight ticket --one way  etc., notifying INS that you have terminated your stay -- all these help) and show that all your taxes due were withheld from your earnings  (US) in 2021 by your employer; then 

You file a 1040 ( TurboTax works ) for year2021---TurboTax may be able to seel you a copy of 2021 tax software fro windows or MAC, just as normal  covering 01/01/2021 through your day of departure, print it  , date , sign and write on top DUAL STATUS FILER;  then download from 1040-NR from the IRS, ( it is a fillable .pdf file) and fill this out -- essentially empty except for pertinent details . Print sign, date , write on top DUAL STATUS FILER and send the whole shebang to the IRS -- you will find address at IRS web page.

 

Kep copy and the documents that prove that you left  the USA and severed all connection to USA. -- do not send these unless asked for .

 

Does this help or do you need more ?

 

pk

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