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-   -   General questions about filing 3903 (https://www.askmehelpdesk.com/showthread.php?t=215326)

  • May 12, 2008, 07:22 PM
    johnwang9999
    General questions about filing 3903
    Hello,

    I'm filing as a NR and have some general questions about how to file 3903. Here are my stats:

    2004: entered US on F1 in CA
    January 2007: Started OPT in NY
    August 2007: Completed OPT, left company and returned to home country.

    1. Can I claim adjustment for the move I made from the US back to my home country in August 2007? According to the answer on this post, it looks like I can:

    https://www.askmehelpdesk.com/taxes/...highlight=3903

    But here:

    Your U.S. Tax Return: Moving Expenses

    It says I have to be a resident. Which is correct?

    2. How important is it to include receipts with form 3903? I still have my travel itinerary for the plane ticket that shows how much I paid for airfare, but I have spent some money on packing, shipping and storage, but I forgot to keep receipts for them. I also no longer have access to my bank statements to show the visa transactions. Does this mean that I can only claim my air ticket? If I choose also to include the other costs, do you think I'll get audited? I'm trying to get a return as quickly as possible, so if including things I don't have receipts for will cause them to ask questions I would probably be better off not including them.


    That's it! Thanks for your help.
  • May 12, 2008, 07:38 PM
    MukatA
    1. You cannot claiming moving expenses to move back to your home country from the U.S. Even if you are a resident, you don't meet Time test; you must work for 39 weeks in a year after you move.

    2. You don't include any receipts with Form 3903. It is needed only if IRS has a question.
  • May 12, 2008, 07:40 PM
    johnwang9999
    P.S. I should add that although I was less than 39weeks on the job, I was discharged due to the expiry of the OPT, i.e. not for willful misconduct.

    If I read pub 521 correctly, I also have to be full-time employed in my home country to be able to claim the travel home, is this right?

    Quote:
    "You are transferred for your employer's benefit or laid off for a reason other than willful misconduct. For this exception, you must have obtained full-time employment and you must have expected to meet the test at the time you started the job."
  • May 12, 2008, 09:55 PM
    johnwang9999
    Hi MukatA,

    Thanks for your reply. With regards to Question 1, I was terminated due to the completion of OPT. Since that does not count as a "willful misconduct", can I claim the return trip to home country?
  • May 12, 2008, 11:37 PM
    MukatA
    No.
    1. You are nonresident
    2. You will not be reporting your income from full time employment in your home country on the U.S. tax return.
  • May 13, 2008, 01:24 AM
    johnwang9999
    Cool, thanks.

    What about the move from F1 to OPT (CA to NY) so the OPT counts as my first job.
    Can I still claim deduction on that move?

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