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Tax filing status and Foreign Income reporting for H1B returnee

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  • Tax filing status and Foreign Income reporting for H1B returnee

    I stayed in US from Oct-2013 to Jun-2018 on an H1B Visa. In Jun-2018 my Visa expired and I returned to India since then.
    I have a couple of questions regarding 2018 US Tax Return:

    1) What should be my US Tax Filing status for 2018, Resident Alien or Dual Status Alien?

    2) Should I report the income I earned in India (salary, interest, etc.) which was generated after permanently returning from US i.e from Jul-2018 to Dec-2018?

    Kindly help.

  • #2
    Originally posted by kandarp_jani View Post
    I stayed in US from Oct-2013 to Jun-2018 on an H1B Visa. In Jun-2018 my Visa expired and I returned to India since then.
    I have a couple of questions regarding 2018 US Tax Return:

    1) What should be my US Tax Filing status for 2018, Resident Alien or Dual Status Alien?

    2) Should I report the income I earned in India (salary, interest, etc.) which was generated after permanently returning from US i.e from Jul-2018 to Dec-2018?

    Kindly help.
    1. by default resident alien for the whole year. If your tax home was in a foreign country after you left the US and you had a closer connection to a foreign country, you could choose to be dual status, with residency terminating when you left the US. See Last Year of Residency in Publication 519. You would need to file a statement with the IRS to make this choice.

    2. if you are a resident for the whole year, yes. If you are dual status, resident up until you left and non-resident afterwards, no.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      1. by default resident alien for the whole year. If your tax home was in a foreign country after you left the US and you had a closer connection to a foreign country, you could choose to be dual status, with residency terminating when you left the US. See Last Year of Residency in Publication 519. You would need to file a statement with the IRS to make this choice.

      2. if you are a resident for the whole year, yes. If you are dual status, resident up until you left and non-resident afterwards, no.
      Thank you for the prompt response.

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