I lived in the US in 2023 till the end of October, I have been living in the republic of Goergia since Novemebr. Do I file taxes as a resident alien or dual-status alien?

[Vanessa A]

What is your citizenship status?  Are you a US Citizen?  Are you a Greencard holder?  Are you giving up your greencard if you are?

You may need to file as a Dual Status Alien if you were a Resident Alien and left the US and you had any income from US Sources after you left the country.  Otherwise, you may only need to file a 1040 form (for which you could use TurboTax) on the income you received while a resident of the US.  If you are now a NRA, and have no income from US sources after leaving the country, you would not need to file anything for the time you were not in this country.

You would also include a statement with your 1040 form to establish your residency termination date.  See page 13 of pub 519 for details on what to include in the statement. 

As for which version of TurboTax to use.  You will need to print and mail your return to include the termination statement, but you would be able to use the free version if you have been using that in the past.  

If you do have income from US sources that you received AFTER you terminated your residency, you would need to file a 1040NR to claim that income.  You can use Sprintax.com to do this or print and mail it from the IRS website.

[teashergelashvili]

Thank you so much for your help. 

I lived in the US since 2018 with J1 Visa, last few years I have filed taxes as a resident alien. I only have W2 for wage during 1/1/2023-6/30/2023 and form 1099-INT during 10/27/2023-12/31/2023. I left the US on 10/19/2023 because my J1 expired. I am currently in my home country but do intend to come back to the US in the future. 

[Vanessa A]

Your residency termination date would then be December 31, 2023.  You can qualify for an earlier termination date of the day you left the country.

If you choose to use the day you left the country, you may need to file a 1040NR for the remainder of the year to report the interest income.  This would allow you to not claim income earned while in your home country. TurboTax does not support the 1040NR, but you could use Sprintax for this. 

If you choose to use December 31, 2023, then you could file using TurboTax, including all of your income, including any income you recieved from non US sources.

Pub 519

[teashergelashvili]

Thank you so much for explaining. Your answers are immensly helpful. 

I don't have any income from non-US sources in 2023. In that case it seems much easier for me to use December 31, 2023 as a residency termination date to avoid filing seperate form 1040NR. 

Thank you so much.