Am an indian citizen resident of US from May 2006 thru May 2008.
Received a W-2 and 1042-S for 401K lumpsum distribution.
Currently in India advice me which form to use.
If it is 1040A then does line 12b should hold my 1042-s income and line 38 should hold my Fed withheld amt of 1042-s? please clarify

MukatA

If you were not an exempt individual, then you will file dual status tax return -- resident in the beginning or the year and nonresident after May 2008.
Withdrawal from 401K is also subject to 10% early withdrawal penalty and withdrawal is reported as income. You will also file Form 5329. Your U.S. Tax Return: Elective Deferrals 401(k) Plans

kartik123

Thanks MukAta -

Now I understand I have to file 1040A for for Jan to May 2008.
Can I file jointly with my husband during Jan 2008 to May 2008.

And file 1040-NR for May to Dec 2008 married filing separately.

Also my 1042-S shows withheld of 30%, do i need to pay penalty of add 10% on Gross Income.

Please clarify.

AtlantaTaxExpert

Actually, you will need to file Form 1040 with the Form 1040NR.

You CANNOT file a dual-status return jointly, but you CAN claim your husband as a dependent if he has NO U.S.-sourced income.

The withholding is just a down payment on the tax. You may owe taxes after the tax is determined and the 10% Early Withdrawal Penalty is assessed.