Question

Part year resIdent

Forum|Forum|2 years ago
September 27, 2023
1 reply
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1. I came to USA on May 25, 2022 with my wife on L1 visa from India. Can I file "Married File Jointly" for the full year rather than Dual Year Return for the purpose of IRS?

2. Where do I show my India salary income prior to coming to USA for 2022. I have no India salary income after coming to USA. I want to take Foreign Tax Credit for the taxes paid on Indian salary

2. I am in New York State. If I file "Married File Jointly" for the full year for IRS; Can I take Part year resident option for New York

Ask the Experts - Extension - Sept 2023

R

RSUMan

1. If you were married on December 31, 2022, you should file Married Filing Jointly.

2. The US taxes worldwide income but I would do more research, I am not sure that your income earned in your foreign country before the visa was issued is reportable on first US tax return.

3. In truth and in fact, you are a New York part year resident and should file in that manner. Here again, your India salary has no connection with the state of New York and do not believe the State of New York has the right to tax that income.

R

RSUMan

IRS Topic No. 851 says as a resident alien, you report worldwide income so you will include the India income and claim the foreign tax credit.

S

sa_gargAuthor

Ok, I can report my India income and claim Foreign Tax Credit.

1. How do I report my India income -- Combine my India income with USA W2 for the rest of year and report on Form 1040 line 1a or Do I need to report in on some other form?

2. Is Social Security Tax and Medicare payable on the India income. India company is not a subsidiary of USA company. They just belong to same group of companies head quartered in France