Indian citizen, stayed <183 days in US 2016, paid US taxes, left to india, paid taxes in india. Should i report my indian income taxes as foriegn income (double tax) ?

[mesquitebean]

First you need to determine if you can use TurboTax.

TurboTax can prepare a Form 1040 return for US citizens and "resident aliens for tax purposes."  It cannot prepare a Form 1040NR or 1040NR-EZ for non-resident aliens, and it cannot prepare dual-status returns.   What type of visa were you under?   Was this your first stay in the USA?   Are you married?

Please provide the additional info, and I'll ask someone familiar with international filing to help you determine if you can use TurboTax or not.  And if not, what all you need to do.

[anilveera]

I was on H1B work visa, I am unmarried. I first came to US in 2010. I already used Sprintax. under the calculation current year days + 1/3 of previous year and +1/6 of year before , Sprintax told me to file under normal us alien

I can show the screenshot from sprintax indicating me to go back to Turbotax

[mesquitebean]

No, don't post any screen shots.   We didn't have any idea what your history was based on your question title.   All you mentioned was being a non-citizen in the USA in 2016 for less than half a year, which was not much to go on.  Details matter.   You didn't mention any of that about your visa and lengths of stays until I asked for it.

 I'll ask someone familiar with international filing to assist you at this point.  I'm not sure when that will be.

@pk or @bine22  Are you able to please assist this international filer when you are next in the forum?   Thanks!

[anilveera]

Thanks for getting back to me. I left US on June-19-2016. My H1B visa has expired in September-2016. Yes i plan to comeback, but that will take a year or two or even more as I have to file for fresh visa. While I am employed in India(my current employment), I was paid(am being paid) salary in Indian Rupees by a company that is registered in India and income taxes get deducted every month as part of paycheck, similar to what we do in the USA.

Please let me know me for any further queries.

[pk · Accepted solution]

anil, after reading through the above conversation what I get is that  while your  total days in the USA in 2016 is less than 183 days,  you may still be classed as "resident alien for tax purposes "  because of the days spent in the USA during the l previous two years ( 2014 and 2015). We need to know when did you leave the USA and how  i.e. did you mfile any forms when you left the USA in 2016, do you intend to come back or is your H-1B visa  cancelled.  The reason I ask is because  one needs to determine whether  your leaving  USA is a re-patriation or temporary re-assignment.  The former could make you a dual status alien while the latter "may" class you as continuing the "resident-alien for tax purposes status". Please provide the details requested

[pk]

Anil,  based on your answer  I would suggest that you are actually a dual status alien ---- Resident aline (taxed on world income by the USA ) till you left USA in June 2016 and thereafter Non-resident Alien ( taxed only on US sourced/connected  income). So you file a form 1040 like normal and include world income for US taxes  thru June 19th 2016 AND any income from US sources that you received for the rest of the year.  This would imply that you do not report your Indian income and  taxes thereon from the 20th. of June 2016.
I hope this helps --- if you more questions please feel welcome to either add to this thread or start a new thread and one of us will help you.  Good Luck

[anilveera]

Thanks for your prompt help!! Please close this case.