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February 1, 2023
Question

rental income reporting question

  • February 1, 2023
  • 2 replies
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Hi, 

 

I am a new immigrant and just came to USA in November 2022. I got my greencard and social security card in November 2022 as well. I only had rental income whole year in 2022. I am not sure if I need to report the whole rental income on 2022 Form 1040 or just report November - December rental income on 2022 Form 1040 because I am not US resident from January - October 2022.

 

I read something on IRS website about green card test and presence test, but I am not sure about it very well.

 

Can someone please advise me how to do? Thank you!

 

 

 

 

 

 

 

 

    2 replies

    DaveF1006
    February 1, 2023

    You do not meet the requirements to be a resident alien for 2022. If your rental income is earned in another country, you won't be required to file a US tax return. However, if your rental is in the US, you will be required to file a 1040 NR return reporting the income.

     

    If this is the case, Turbo Tax does not file 1040 Non-Resident returns but our affiliate Sprint tax does. Contact Sprintax for further information.

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    Sdy2023Author
    February 1, 2023

    Thanks Dave for your quick response.

     

    Since now I become US Resident, I have foreign assets more than the threshold required to report, I think I will need to file FBAR and FORM 8938, is that mean I need to file form 8938 on 2022 1040NR as well?

     

    DaveF1006
    February 1, 2023

    According to the IRS, you file a 8938 if you are:

     

    • A U.S. citizen
    • A resident alien of the United States for any part of the tax year (see Publication 519 for more information)
    • A nonresident alien who makes an election to be treated as resident alien for purposes of filing a joint income tax return
    • A nonresident alien who is a bona fide resident of American Samoa or Puerto Rico (See Publication 570 for definition of a bona fide resident)

    If you do not fall in any of those categories, you do not need to file the 8938 for 2022.

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    February 7, 2023

    The short answer is that you really should go to a local tax professional that specialized in Nonresident Aliens.

     

    TurboTax is NOT set up property for a Dual Status Alien like yourself.  For this year, you really should go to a good tax professional that specializes in Nonresident Aliens.  In future years, you may consider doing your tax returns with a Do-It-Yourself program like TurboTax, but I strongly advise against that for 2022.