Hello and thanks in advance for your great forum.

This is my situation:

- citizen of Italy
- from 8/2000 to 8/2010 I studied and worked in the US with F1 and H1B visas resp.
- from 8/2010 moved back to Italy
- in 7/2011 worked in the US for 1 month
- in 2012 earned dividend income in my US-based portfolio account
- in 2013 I'll be working in the US for 1 month and I have earned dividend income and short term capital gain in my US-based portfolio account.
- in 2011 I have been in the US for approx 40 days total, in 2012 approx 20 days total, in 2013 I'll be in the US for approx 40 days total.

Two questions:
Q1: I have never filed Dual Status returns. In fact I have filed as a resident in both 2011 and 2012. Do I need to amend any of those returns?
Q2: Are my dividend income and capital gain income tax exempt, as I'm not an alien resident anymore?

Thanks so much!

If the income earned in the U.S. in 2011 and 2012 is from a U.S. company, it IS subject to taxation, and the interest and dividends are taxed at progressive rates based on the total U.S.-sourced income.

If there is no earned income, then interest is taxed at 10% and the dividends taxed at 15%, with qualified dividends taxed at 5%.