J1 visa and dual status (year of departure)
Hello,
I am French and moved to the US (MA) on Dec 5, 2011 under a J1 visa, to work as a research scholar in a university.
I worked there until Aug 31, 2013, and left the USA on the same date, to go back to France for a new job.
For 2011and 2012, I filed my tax return as a Non Resident alien (1040NR) and didn’t pay taxes for my US incomes under the US-France tax treaty 20(1).
In 2013, I met the presence test (since I spent more than 240 days). And thus became a resident for tax purposes. But I have heard that I still can benefit from the taxes treaty since it is effective for 2 years starting my first day in the US (Dec 2011), and there is an exception to the saving close in the tax treaty 29(2b).
So my understanding of my situation is that I need to file as a dual status alien in 2013: As a resident from January to August, and benefit from the tax treaty (and the exception to the saving close) and then as a NR from Sept to Dec since I was paying taxes in France during this period.
I’m I right? What forms should I file?
Thanks in advance for your answer!
AC.