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    wiborova's Avatar
    wiborova Posts: 2, Reputation: 1
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    #1

    Mar 10, 2009, 10:41 AM
    Residency status for departing alien and moving expenses
    I had been in the US on an H1 visa for several years. I permanently left the US to go back to my home country on April 16, 2008 and started my new job on May 2 in Portugal. I returned to the US under the visa waiver program from November 11 to December 22 2008 for an unpaid collaboration, still paid by my Portuguese employer. Since I was in the US less than 183 days and have a closer connection to my home country should I file as non-resident? On the other hand if I file as dual status is my residency termination date April 16, assuming days under the WB are excluded? If I file dual status can I claim the moving expenses out of the country I paid before April 16 ($4772)?

    Thanks

    Susana
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
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    #2

    Mar 11, 2009, 06:55 AM

    You should file as dual status. It looks to me like you can claim the moving expenses incurred prior to April 16th.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
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    #3

    Mar 11, 2009, 07:11 AM

    You completed SPT in 2008. You were in the U.S. during Nov to Dec 2008.
    You may be treated resident for the year.
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
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    #4

    Mar 11, 2009, 07:13 AM

    Since you had a closer connection to Portugal after April 16, you should not be treated as a U.S. resident for the entire year.
    wiborova's Avatar
    wiborova Posts: 2, Reputation: 1
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    #5

    Mar 12, 2009, 08:20 AM
    Thanks for the answers. Where can I find the regulations about the eligibility of deducting moving expenses out of the country?

    Thanks again
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
    Tax Expert
    		  
    #6

    Mar 12, 2009, 12:37 PM

    http://www.irs.gov/pub/irs-pdf/p521.pdf
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