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eedb33
April 15, 2023
Solved

I believe I'm not to be considered a tax-person for 2022 since I moved out of the USA in may 2022. How should I present this in my return?

  • April 15, 2023
  • 2 replies
  • 0 views

I am not a US Citizen or Permanent Resident. I only lived in the US from Jan-May 2022.

 

edit: I lived full 2021 and up to May 2022. Thus aprox. 17months (~510days). This means I pass the substantial presence test. 

 

My questions is, how do I file my taxes. Normally for 2022 via TurboTax, or via Sprintax? 

Best answer by pk12_2

Thank you @ErnieS0 , but...

I'm confused and I don't want to make a mistake here. 

 

I do pass the substantial presence test for the year 2022 and in total it seems I add up to 321 days considering the 1/3 and 1/6th factors of the prior 2 years (way higher than 183).

 

I understand that this means I am to be considered a Resident for my 2022 tax return and thus I must only present form 1040. Correct @pk12_2 , @ErnieS0 ? 


@eedb33 , thank you for the answers -- I noticed one error in my questions -- I meant days spent in the USA during 2020 and not 2021.  However , based on your answers I understand that you were a  esident for Tax purposes for 2022.

 If I assume that you had no sourced / connected  income from US during the period  May 30th through Dec 31st of 2022 i.e.  your 1040-NR would be essentially ZERO , (  your visa being cancelled/terminated  on departure and thus becoming a Non-Resident Alien  upon departure),  ,

 Two way to do this  :

[A]:  ( Dual Status)

                  1. You can prepare your 2022 return using TurboTax for the resident period , print it , sign and date

                  2. Download a form 1040-NR -- this is fillable pdf  form, so just fill it out with all the details  and dollar amounts being zero, print, sign and date

                  3. Mail in the whole package , making sure that the first page of both the 1040 and 1040-NR  has  call out   at the top  saying  "DUAL STATUS".

                 4. The problem with this filing is because it is dual status, you cannot use the standard deduction-- there is no way to allocate the deduction between the Resident and Non-Resident periods.  Thus  you must use itemized deduction -- which may or may not be to your advantage.

[B]-- ( Short Year)

             Under 26. CFR 1.443-1 ...  an individual , whom does not exist for the full 12 months  can file a short year return  but cannot use standard deduction. This is even though everything else is annualized.

 

Does this answer your query ?

Is there more I can do for you ?

2 replies

X
xmasbaby0
Employee
April 15, 2023

Are you a non-resident alien?

 

If you are a non-resident alien, your return must be filed on Form 1040NR, which cannot be prepared using TurboTax.  You can use TT’s partner, sprintax:

https://www.sprintax.com/non-resident-alien-tax-1040nr-turbotax.html

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
    E
    eedb33Author
    April 15, 2023

    Thank you for the quick reply. 

    I presented a full 2021 tax return using TurboTax last year. This year (2022 return) my situation changed by leaving the US in May '22. 

     

    Given the above, is it still Sprintax 1040 the way to go? 

    X
    xmasbaby0
    Employee
    April 15, 2023

    You have not told us if you are a NRA.   We cannot tell if you should or should not be using TurboTax without that information.

    **Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
    P
    pk12_2
    Employee
    April 15, 2023

    @eedb33 , having gone through this chain and your interactions with my colleague @xmasbaby0 , I am still not clear  as to your  immigration / tax status.

    What I am getting is that  you  with

    (a)  visa ( What type ) entered USA in 2021 ( When/ exact date ? );

    (b) were not here in 2021 ( True? )

    (c) filed a 1040 Return for the year 2021;

    (d) have left the USA in May 2022 ( what date ? )

    (e) now work in your home country ( which country  and true? )

     

    Now you want to know how to file your return for 2022.

    I need the above information to be specific  but in general and if you have notified ( IRS/Immgration / visa ran out-terminated?) that you have left the country ---- you would be considered a dual status  person ----- Resident for Tax purposes  till the date of notification/ acceptance and a Non-Resident Alien thereafter.  If that is the case then you will need to file form 1040 ( TubroTax can help here ) and a form 1040-NR for the rest of the year, even if that is all zero because  you had no US sourced income after departure.

    As you can see there is lot of ands/ifs/buts --- so please answer my questions and  one of will help you file your return.

    E
    eedb33Author
    April 16, 2023

    Thank you for looking into this, @pk12_2. Going through your questions: 

    (a) visa [L1A] entered USA in [September 2019];

    (b) were not here in 2021 ( True? ) [False. I was in the US for the entirety of 2021 but up to May '22]

    (c) filed a 1040 Return for the year 2021 [Correct. Filed a 2021 1040 return with TurboTax];

    (d) have left the USA in May 2022 [May 29th, '22]

    (e) now work in your home country [Correct. No DTT if you were looking for one. Paraguay]

     

    Immigration was informed by my employer about my departure. 
    __________________________
    It seems then that I still need to file a 1040 up to May '22

    and a 1040NR for April-Dec'22. 

    Both of them via TurboTax? 

    edit: typo

    E
    ErnieS0
    April 16, 2023

    Use TurboTax partner Sprintax.com to file a dual-status return. TurboTax does not support this type of return.

     

    You would file a Form 1040-NR since you left the U.S. permanently before the end of 2022. Attached to the nonresident return will be an informational Form 1040 showing income earned during your U.S. residency period.

     

    Any effectively connected or Fixed, Determinable, Annual, or Periodical income tied to the U.S. would also be taxed.

     

    Learn more at How should I file my taxes as a dual-status alien?

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