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Old 02-09-2014, 12:11 PM
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Dual Status Alien and forms

HI,
I am a dual status alien and I'm trying to file my taxes.
In 2013 I earned income only while being a non-resident(J1 visa holder), then I became a resident in December and had no income.
What forms should I file?
IRS says : "You must file Form 1040, U.S. Individual Income Tax Return, if you are a dual-status taxpayer who becomes a resident during the year and who is a U.S. resident on the last day of the tax year. Write "Dual-Status Return" across the top of the return. Attach a statement to your return to show the income for the part of the year you are a nonresident. You can use Form 1040NR, U.S. Nonresident Alien Income Tax Return or Form 1040NR-EZ, U.S. Income Tax Return for Certain Nonresident Aliens With No Dependents as the statement, but be sure to mark &quotDual-Status Statement&quot across the top."

I had no income during the part of the year I became a resident! What am I supposed to write in 1040?
Thanks



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Old 02-09-2014, 08:17 PM
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Quote:
Originally Posted by xiun View Post



#1;I am a dual status alien and I'm trying to file my taxes.
In 2013 I earned income only while being a non-resident(J1 visa holder), then I became a resident in December and had no income.
What forms should I file?





#2;IRS says : "You must file Form 1040, U.S. Individual Income Tax Return, if you are a dual-status taxpayer who becomes a resident during the year and who is a U.S. resident on the last day of the tax year. Write "Dual-Status Return" across the top of the return. Attach a statement to your return to show the income for the part of the year you are a nonresident. You can use Form 1040NR, U.S. Nonresident Alien Income Tax Return or Form 1040NR-EZ, U.S. Income Tax Return for Certain Nonresident Aliens With No Dependents as the statement, but be sure to mark &quotDual-Status Statement&quot across the top."




#3;I had no income during the part of the year I became a resident! What am I supposed to write in 1040?
Thanks
#1; as aA dual-status alien are taxed separately for the period you were a resident and for the period you were a nonresident. You need to prepare a 1040 for Dec 2013, showing your income if you had in Dec and need to file 1040NR form for jan-Dec 2013 shortly before becoming a resident.,for 1040 is the main return and 1040nr is the stmt for the part of the year.
You must file Form 1040Tax Return as you are a dual-status taxpayer who becomes a resident during the year and who is a U.S. resident on the last day of the tax year.2013. you need to write "Dual-Status Return" across the top of the return. Also you need to attach a statement , 1040nr, to your return to show the income that you eanred in US for the part of the year you are a nonresident . I guess you can’t efile 1040NR.



Note;as you became a US resident in Dec of 2013,as a resident, you need to report your income from all sources , including earned income only while being a non-resident ,evenoutside the US if you have.this also means that you need to report USsource income that you earned while you are a non-resident unless income from sources outside the US is effectively connected with a trade or business in the US or income from U.S. sources is also taxable whether you receive it while a nonresident alien or a resident alien unless specifically exempt under a tax treaty provision.


#2;correct as the irc states.



#3; For the part of the year you are a nonresident alien, you are taxed on income from U.S. sources only
on 1040nr.as you had no income that you earned in US during Dec 2013, you complete Form 1040NR as follows;Pages 1, 2, and 3. You print yoir name, address, and social security number on page 1 of Form 1040NRand print dual-Status Statement across the top of the form.On line 8if you had,, you enter your salary while a nonresident. you enter the state income tax withheld you’re your salary on line 37 (carried from page 3, line 1,17, SchA) and the federal income tax withheld from your salary on line 59. you also carry these amounts to Form 1040.



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