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Old 03-06-2015, 04:54 PM
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Question German Citizen, working in the US, what forms?

Hello,

I am looking for advice on which tax forms I need to file.
I am a German citizen and have been in the US for school (since 2010). I have filed my taxes in the last 4 years under the tax treaty that allowed me to not pay taxes in the US but in Germany. In 2014, the treaty expired for me and I will have to pay taxes in the US. I believe that also means that I owe taxes for the previous 4 years (I had very little income while being a student). In 2014 I was on a student visa, and after graduation in May transition into an OPT visa- I now work in the US. I got married to a US citizen in December. I have not received any paperwork from USCIS, so at this point I am not a permanent resident (but I believe for tax purposes I am).
My husband and I will file our taxes separately (He already filed). Could you give me advice on what forms I should use to file my taxes?

Thank you!



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Old 03-07-2015, 03:44 AM
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Quote:
Originally Posted by Sispy View Post
Hello,

I am looking for advice on which tax forms I need to file.
I am a German citizen and have been in the US for school (since 2010). I have filed my taxes in the last 4 years under the tax treaty that allowed me to not pay taxes in the US but in Germany. In 2014, the treaty expired for me and I will have to pay taxes in the US. I believe that also means that I owe taxes for the previous 4 years (I had very little income while being a student). In 2014 I was on a student visa, and after graduation in May transition into an OPT visa- I now work in the US. I got married to a US citizen in December. I have not received any paperwork from USCIS, so at this point I am not a permanent resident (but I believe for tax purposes I am).
My husband and I will file our taxes separately (He already filed). Could you give me advice on what forms I should use to file my taxes?

Thank you!
Unless you are a US resident for tax purposes, you needto file form 1040nr/1040nr-ez and form 8843 even If you were in the U.S. even 1 day in 2015, you must file Form 8843;As long as you are a nonresident alien for tax purposes and you file a proper tax return here in the us as dsaid above, the US will not tax your income from non-American sources.International students on F, J, M, or Q visas are considered “exempt individuals,” which means you are excused from the Substantial Presence Test for the first 5 years you are in the US .After this period you will be subject to the Substantial Presence Test, which is used to determine if someone was in the US long enough to be considered a resident.


hjowever, aslongas you are treated as A US RESIDENT FOR TAX PURPOSES, then you must fiel form 1040 and must report us source and world wide incoem on yiour US return and claim foreign tax crdit on taxes paid to german taxing authorities on your us return



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Old 03-09-2015, 12:39 PM
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I am a US Resident for tax purposes since I have been in the US longer than 5 years and am not exempt any more. I am a US Resident according to the Substantial Presence Test.
In this case do I only need to file form 1040? No other forms?

Thank you for your help!



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Old 03-09-2015, 12:43 PM
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Quote:
Originally Posted by Sispy View Post
I am a US Resident for tax purposes since I have been in the US longer than 5 years and am not exempt any more. I am a US Resident according to the Substantial Presence Test.
In this case do I only need to file form 1040? No other forms?

Thank you for your help!
Then as said yes; you NEED to file form 1040 NOT 1040NR ; no need to file form 8843 any longer as you are treated just lijke a regular US resident FOR TAX PURPOSES; you can take stnadard dedcution and are subject to US taxes(IRS/your state) on your US source and world wide income that you eanr in Germany. You can also claim foreign tax credit/deduction on your taxes paid to German taxing authority(ies) on your US return.



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