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Taxes when moving out of USA on H1B

Hi Guys,

I am married and was on a H1B visa and had been filing taxes as a resident alien before moving to India in Mar 2020. Since then i have been living in India and i do not intend to return to USA.

Can i file my taxes as a Resident alien for the tax year 2020? I was reading about filing as a dual status alien, but what i understood was that it's totally optional to file that way and i can decide whether:
1) I want to file 1040 as a resident alien for full year or
2) I can file 1040 as a resident for Jan-Mar and then 1040 NR as a non-resident for the remaining portion of the year.

Is it correct understanding that i can make the decision on whether i want to go with option #1 or #2?
Also if i go with #1, would i be able to get the standard deduction (for full tax year 2020)  and child credit when filing jointly with my spouse?

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1 Reply
LinaJ2020
Expert Alumni

Taxes when moving out of USA on H1B

If you have met the SPT Substantial Presence Test, you may file as a resident in 2020.  Your residency termination date is generally December 31 of the year you leave which is 2020. 

 

In your situation, if you have stayed on H-1B visa and met SPT before March 2020, you are not a dual status.  It is not an option.  You have to file as a US resident with a Form 1040.  To read IRS link, click here:  Last year residency

 

If you are filing a resident, you are filing for the full year jointly with your spouse and qualify for the Child related credits if you meet the all the requirements.

 

 

 

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