I am Indian citizen working on visa in Oh,USA. I went back to India in October,2017. Can I get waiver for tax penalty for month of October,November and December?

[KarenJ]

What type of visa do you have?  Did you permanently leave the US in October 2017?  What return did you file for 2016?

[mandardilipkulka]

I was on H1B visa. Yes I permanently left usa in october 2017. I file 1040 standard return in 2016

[KarenJ · Accepted solution]

The easiest approach for you is to file a 1040 resident return for your calendar year 2017 worldwide income. If you were working when you returned to India, you should claim the income you earned on the return as well as offsetting your foreign income with the foreign tax credit (Indian taxes paid or accrued on your foreign income).  That will give you the benefit of the standard deduction.

Your other choice is not supported by TurboTax.  You will have to find a firm that can help you file a dual-status return (resident at the beginning of the year and nonresident at the end of the year) and claim only the income earned in the US from January to October 2017.  You will need to attach a statement claiming that you had a closer connection to India after leaving the US.  

If you file a dual-status return, you cannot take a standard deduction, cannot file a joint return etc.

Please see Publication 519 for more information: Publication 519 US Tax Guide for Aliens