Dual status tax return

[user89250020]

I assume, I need to file a dual status tax return for 2016, because I work in the US from May. I've started to use your system, but I don't find any option for this situation. Where can I attach a 1040NR to my tax return, and how can I figure out the exact date when my non-resident status has changed? Can I find it on my W-2, or in any other document? Thank you!

[JohnR1 · Accepted solution]

Assuming that in your situation you are a dual-status alien who is a resident alien at the end of the year, you would file Form 1040, writing "Dual-Status Return" on the top of Page 1 of Form 1040, and add either Form 1040NR or Form 1040NR-EZ as a statement.

You cannot file a dual-status return on either a Form 1040NR or Form 1040NR-EZ, if you are a resident alien at the end of the year - you would need to file on Form 1040, and attach 1040NR or 1040NR-EZ as a statement to the back of the Form 1040.

Please note that you cannot use TurboTax to prepare Form 1040NR (or 1040NR-EZ) - TurboTax does not support either form.

You may want to check out Sprintax, a partner of TurboTax, who are specifically geared towards nonresident aliens with 1040NR filing requirements - for more information visit https://www.sprintax.com/non-resident-alien-tax-1040nr-turbotax.html

The date that your status changes from nonresident alien to resident alien, if this is the case, would not be found on your Form W-2 or any other document.  The IRS considers an alien to become a resident alien if he or she meets either the Green Card Test (i.e., you are a resident alien as of the day you receive a U.S. green card) or the Substantial Presence Test.  For more information about the Substantial Presence Test, nonresident alien status versus resident alien status, and filing a dual-status tax return, please see IRS Publication 519, US Tax Guide for Aliens:

https://www.irs.gov/pub/irs-pdf/p519.pdf

[bravo767]

if married can I file jointly? Or file it 'married filing separately'?