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FS2024
New Member

Dual status taxation vs Resident taxation

Hi,

 

I am an F1 student that came to the US in June 2023 and became a resident alien around Nov 2023 (since I was an F1 student many years ago > 5 years).

I earned US income during June-Nov 2023 and foreign income Jan - May 2023. Is my only option to file taxes with dual status or can I choose to file all of 2023 as a resident alien? My marital status is single.

 

Thanks

 

 

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1 Reply
Vanessa A
Expert Alumni

Dual status taxation vs Resident taxation

That is correct.  Since your marital status is single, you would need to file as a dual status alien as you cannot choose to be treated as a resident for the entire year. 

 

If you are married, it is possible that you could choose to be treated as a Resident Alien for the entire year.  

 

"Choosing Resident Alien Status If you are a dual-status alien, you can choose to be treated as a U.S. resident for the entire year if all of the following apply. 

  •  You were a nonresident alien at the beginning of the year. 
  •  You are a resident alien or U.S. citizen at the end of the year. 
  •  You are married to a U.S. citizen or resident alien at the end of the year. 
  • Your spouse joins you in making the choice. 

This includes situations in which both you and your spouse were nonresident aliens at the beginning of the tax year and both of you are resident aliens at the end of the tax year. 

Note. If you are single at the end of the year, you cannot make this choice. If you make this choice, the following rules apply. 

  • You and your spouse are treated as U.S. residents for the entire year for income tax purposes. 
  • You and your spouse are taxed on worldwide income. 
  •  You and your spouse must file a joint return for the year of the choice. 
  • Neither you nor your spouse can make this choice for any later tax year, even if you are separated, divorced, or remarried. The special instructions and restrictions for dual-status taxpayers in chapter 6 do not apply to you." Page 12 Pub 519
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