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Misha81
Aug 28, 2013, 12:15 AM
Hello,
I have had an h1-b visa for 3 years and now I am in my home country for the summer. My country and the US have a tax double tax exemption treaty.
If I stay in my home country for more than 183 days, can I claim all my US paid taxes and pay taxes to my home country instead?

AtlantaTaxExpert
Aug 28, 2013, 05:22 AM
If you return to the U.S. before spending 183 days in your country, you will file a U.S. tax return claiming all world-wide income. It will be as if you never left.

However, if you end the year in your home country, then you will file a dual-status return and pay taxes to each country only on income earned in each respective country.