Moved from US to Canada

[Jayaprakash]

I lived in the US on H1B until July 22 and moved  to Canada. An i a tax non resident or tax resident? or can i be tax resident from jan 2019 to july 2019 and a non resident from aug 2019 to dec 2019?

Does turbo tax have an option to do that? do i have to show my Canadian income too? 

[KurtL1 · Accepted solution]

Because you gave up your U.S. residence during the year you will need to file a Dual-Status Return.

Per Taxation of Dual-Status Aliens you must file 1040-NR - U.S. Nonresident Alien Income Tax Return or 1040-NR-EZ - U.S. Income Tax Return for Certain Nonresident Aliens With No Dependents if you are a dual-status taxpayer who gives up residence in the United States during the year and who is not a U.S. resident on the last day of the tax year. Write "Dual-Status Return" across the top of the return.

Attach a statement to your return to show the income for the part of the year you are a resident. You can use Form 1040, U.S. Individual Income Tax Return as the statement, but be sure to mark "Dual-Status Statement" across the top.

TurboTax does not support the Form 1040-NR. You will need to use Sprintax to file a Form 1040-NR.  If you have questions you can contact Sprintax Help for assistance.

TurboTax can be used to produce the Form 1040 for this purpose. Because your Canadian income will be reported on your Form 1040-NR or Form 1040-NR-EZ, you do not need to include any Canadian income earned after you left the U.S. on your Form 1040. 

If you earned any foreign income prior to leaving the United States that income would be required to be included on your Form 1040.

[Jayaprakash]

Thanks you!

[Jayaprakash]

Thanks for your reply. Based on the Spritax i am a tax resident for 2019. Do i still have to do  a dual status alien or just do  Form1040?

[KurtL1 · Accepted solution]

Per IRS Publication 519 - U.S. Tax Guide you can be both a nonresident alien and a resident alien during the same tax year. This usually occurs in the year you arrive in or depart from the United States.

In chapter 6 of the publication it goes on to state you have a dual-status tax year when you have been both a resident alien and a nonresident alien in the same year.

Because met the  Substantial Presence Test by the end of the year you became a resident alien at that time.