maevee
Oct 9, 2013, 02:32 PM
Hi all,
I'm French and moved to the US (Illinois) on Aug 24, 2011 under a L1 visa, to work for a US company.
I worked for this company until October 14, 2012, and left the USA on October 15, 2012, to go back to France.
In 2009, I spent 0 days in the US.
In 2010, I spent 5 days in the US for tourism purpose.
In 2011, before moving to the US under my L1 visa, I spent 20 days in the USA for tourism purpose.
In 2012, while I was leaving and working in the USA, I spend 27 days out of the USA.
For 2011, I filed as a non-resident, since I was not meeting the presence test.
For 2012, I'm really confused : I do meet the presence test, since I spent more that 183 days in the USA, however, I definitely left the country in October, moved back to France, and started to work in France again. I haven't returned to the USA since my departure.
Do I have to file as a resident alien or should I file as a dual status?
I first filed as a dual status/non resident (1040NR), but I had my return reviewed by one of this famous online company, but they changed my return back to a 1040. They told me that the presence test outdoes the dual status, and that it does not matter if I was non-resident on the last day of the fiscal year, what matters is the fact that I spent more than 183 days in the USA.
But by doing so, I owe 800$ more taxes than when I first drafted my return as a non-resident with dual status, because it includes my foreign earned income (that I earned in France after leaving the USA) in my gross income.
However, I have some doubts because my tax reviewer does not have any experience with foreign people's tax returns, and I even had to send her IRS links about dual status specificities.
What is your opinion? How should I file? I only have a few days left to file, I'm in a almost panic mode...
Thanks in advance for your advice
SB.
I'm French and moved to the US (Illinois) on Aug 24, 2011 under a L1 visa, to work for a US company.
I worked for this company until October 14, 2012, and left the USA on October 15, 2012, to go back to France.
In 2009, I spent 0 days in the US.
In 2010, I spent 5 days in the US for tourism purpose.
In 2011, before moving to the US under my L1 visa, I spent 20 days in the USA for tourism purpose.
In 2012, while I was leaving and working in the USA, I spend 27 days out of the USA.
For 2011, I filed as a non-resident, since I was not meeting the presence test.
For 2012, I'm really confused : I do meet the presence test, since I spent more that 183 days in the USA, however, I definitely left the country in October, moved back to France, and started to work in France again. I haven't returned to the USA since my departure.
Do I have to file as a resident alien or should I file as a dual status?
I first filed as a dual status/non resident (1040NR), but I had my return reviewed by one of this famous online company, but they changed my return back to a 1040. They told me that the presence test outdoes the dual status, and that it does not matter if I was non-resident on the last day of the fiscal year, what matters is the fact that I spent more than 183 days in the USA.
But by doing so, I owe 800$ more taxes than when I first drafted my return as a non-resident with dual status, because it includes my foreign earned income (that I earned in France after leaving the USA) in my gross income.
However, I have some doubts because my tax reviewer does not have any experience with foreign people's tax returns, and I even had to send her IRS links about dual status specificities.
What is your opinion? How should I file? I only have a few days left to file, I'm in a almost panic mode...
Thanks in advance for your advice
SB.