Hi All,

I need some help in figuring out my taxation status for 2009.

Here it is:

- I am a Canadian Citizen with a (H1B Visa to work in the US)
- I worked in the US from May 2006 - March 2009 (clearly a US Resident according to substantial presence test)
- From March 2009 - March 2010 - one year expat under the same US employer
- In April 2010 - I will go back and work in the US in my original position for the same (US) employer

- Can I claim Dual-Status for 2009? Or does the substantial presence test over rule? The alternative is, can I claim Resident Alien (under SRT) and claim foreign income exclusion?


Thanks,

I should probably add that my 1 year expat work was in Japan. So I am wondering how this one year absence from the US affect my tax situation.

Thanks again.

You have completed SPT in 2009 so you are full year resident for 2009. How did your employer report your income on W-2? Your U.S. Tax Return: Substantial Presence Test (http://taxipay.blogspot.com/2008/04/substantial-presence-test.html)

Well income was divided in two ways. For the 2 months working in the US, I got income in the US and for income in Japan, I got payed/taxed in Japan. However, I got a small amount of cash each month regardless in the US of approximately $500 dollars/month to cover benefits in 2009.

MukatA - If I am a full year resident for 2009 - Can I claim the Foreign Income Exclusion even though I am an H1B Visa holder?

Thanks again.