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Aashugpt
Returning Member

How to apply for tax residency certificate Form 8802 for current yeary

Hi Team,I'm in USA since oct 2024 and i might be moving back to my home country by  oct 2026.Is it possible to apply for residency certificate form 8802 for 2026 before moving back in oct if I filled my taxes in usa for 2024 and 2025?

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5 Replies
pk
Level 15
Level 15

How to apply for tax residency certificate Form 8802 for current yeary

@Aashugpt , 

(a) are you saying that you have been in the USA  since  Oct. 2024 ?  What visa ?

(b) that you have earned income  and NOT filed a return for 2024 and 2025 ?

(c) What are you trying to achieve with getting the  6166 certificate of residency ?  Reduced tax rate in your "home " country per tax treaty ?   Which country ?

Note that NOT having filed 2024 return may expose you to various penalties ( failure to file, failure to pay ) in addition to  interest charges on any unpaid liabilities.

You can add  your answers to this thread or PM ( NO PII -- Personally Identifiable Information) me , --your  in formation/response  is then private.

 

Look forward to hearing from you

Aashugpt
Returning Member

How to apply for tax residency certificate Form 8802 for current yeary

Hi @pk ,

A).Yes, I'm on h1b visa from oct 2024

B) I filled taxes in both 2024 and 2025 years

C)I wanted it for double tax avoidance agreement with India as I may move back this year and want to reduce my tax burden for 2026 in india 

 

 

pk
Level 15
Level 15

How to apply for tax residency certificate Form 8802 for current yeary

@Aashugpt , Namaste ji

(a) I now understand a little bit better about your situation

(b)  Assuming that you leave the  US by middle of the year  ( say  July 1st ) and thereafter have earning in India  from August of 2026, your options are as follows :

     OPTION   A1 

            1.  For US purposes --

                   (aa)   you file form 1040-C on leaving the US, thus ensuring that IRS knows you are no-longer a Resident for Tax Purposes from exit date  ( I am also assuming here that  except  bank account  and a US address for mail, you have no significant connection/ earnings in  the US);

                    (ab)  you file a "Dual Status  return comprising of  form 1040 covering your world income for the period  01/01/2026 through  07/01/2026 ;   a NRA return  on form 1040-NR covering ONLY US sourced income covering the period 07/02/2026 through 12/31/2026.

                   (ac )  Note that while this keeps  US and India  residency items completely separate, No doubly taxed income , it also means that you must use  itemized deduction and of course many dependent related and similar credits are not available.

             2.  For India purposes:

                   (ba)  you file  World income ONLY from the date of entry in to India -- thus  for the tax year 2026/2027 --- your ITR covers  07/02/2026 through 03/31/2027.

    OR   ( OPTION  A 2

             3.  You report US return same as in # 1 above  but you change  your India reporting:

             

                (bb)  you report to India  your world income from 04/01/2026 through 03/31/2027 , show a  certificate of residency from US , thus allowing you to  reduce  taxes  ( equivalent  to US Foreign Tax Credit ) for  taxes on the doubly taxed income for the period 04/01/2026 through 07/01/2026  -- that which is being taxed by the US also..

                  (bc)  the issues with this is  the allocation of US taxes levied on the  world income ( by the US) for the period  04/01/2026  through  07/01/2026 and therefore eligible for  Foreign Tax Credit under Indian Tax laws  and US-India Tax treaty. Also if India allows carry back / carry forward , then it will probably be lost.  Please consult a CA in India for this.

 

          OPTION  B

 

                 4. For US purposes 

                        You do not file a 1040-C for the year 2026.  You  view  your Indian stay as temporary ( for Tax Purposes ) and therefore  file your 2026  return to include  your world income through 12/31/2026.  This does mean  that you delay your departure from the USA to as late as you can and your  stay in India  definitely shorter than 183 days in 2026.  Also  any earnings in India  has to be justified as temporary.   This needs careful planning, consultation with a good CA in India.  Advantage of this is ability to use standard deduction, availability  of credits  etc. 

                 5.  For India purposes

                        your ITR is only for the period 01/01/2027 through 03/31/2027; no foreign tax credit, no need for  US residency certification etc.

 

That is my take on this situation.  If you have the luxury of  planned exit, this is the best you can do. Does need very careful planning and absolutely consultation with India CA, familiar with  International taxation.

 

Is there more I can do for you ?

 

If you have more need in this , you are welcome to add to this thread OR PM me  ( just NO PII -- Personally Identifiable Information, please ) for private discussion.

 

Namaste ji

                  

 

 

Aashugpt
Returning Member

How to apply for tax residency certificate Form 8802 for current yeary

Namaste @pk  ji,

 

Thanks for the reply. Let's suppose I leave USA by 29th September 2026,what options do I have?

 

As per my understanding regarding option A1

Filling a dual status return in the USA does not affect indian tax rules and India will independently decide whether to tax my global income based on days in india+past residency.

So, I think dual status return won't  be decided on my filling india from date of entry in india. I still need to report my global income from april to 31 march 2027.

Please correct me if I'm wrong?

 

 

 

pk
Level 15
Level 15

How to apply for tax residency certificate Form 8802 for current yeary

@Aashugpt  Namaste ji

You are correct -- I forgot that while US residency is by calendar year, India residency is per tax year. Thus arriving in India  in Sept. 2026, you would still meet the 182 day rule and therefore would be a resident for the  tax year.  Thus you will be taxed  as a resident on world income for the 2026/2027 tax year.  This would mean that doubly taxed income would be  04/01/2026 through your date of exit ( 09/30/2026 in your example ).  So your Foreign Tax Credit would have to be claimed in India against taxes imposed /paid in India.

Dual  Status  in the USA does affect your deduction ( it will be  itemized and not standard )..

The 6601 certificate  by itself  would only be good if it shows your  federal taxes paid for  2026 -- earliest filing is   end of Jan 2027 -- probably in time for  26/27 ITR due  in  Jul/Aug of 2027.  I still think you need to discuss the Indian IT details and documentation required ( beyond your US federal return ) with a CA in India.

You probably will need to file a form 8802 directly with IRS post your 2026  return filing -- don't know how long they take to process a request.

Also consider leaving your US bank account available till all taxes are settled. Also a mailing address

Is there more I can do for you ?

Namaste ji

pk

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