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-   -   Final year - Dual status (https://www.askmehelpdesk.com/showthread.php?t=23828)

  • Apr 2, 2006, 03:44 AM
    basestfan
    Final year - Dual status
    Hi
    2005 was the final year in USA for me. I meet the criteria for substantial presence and per pub 519 I am dual status alien.
    I am from Syria, and there is no treaty with USA. I am filing form 1040 as a resident, I am also required to do a from 1040NR for the period I was not a resident in USA.
    Question 1: can I e-file or it has to be paper filing, and if yes what site shall I use for efile? And are there any online softwares for dual status?
    Question 2: During my non resident status, I had no wages no donation or anything that has to do with USA.. So I assume I have zero wages, zero deductions and zero taxes, Right?? (it doesn't seem reasonable to transfer wages from 1040 and other dedutions or credits as well as it has nothing to do with USA).
    Question 3: can I use 1040 NR EZ instead? (as a dual status, my standard deduction in zero. I have state and local taxes in addition to donations on schedule A for form 1040 while in USA, but I think they do not apply to my non resident period, right?)
    Question 4: can these froms be faxed?

    Thank you for your help.
  • Apr 2, 2006, 06:12 PM
    AtlantaTaxExpert
    1) Has to be paper.

    2) If you had no wages as a non-resident AND you meet Substantial Presence Test, then just file as a resident alien. The IRS will mail your refund to a foreign address.

    3) Use Form 1040EZ if your itemized deductions do not exceed $5,000 (the standard deduction).

    4) No, you cannot fax the return. However, since you are filing as a resident alien, you can file electronically on an on-line site (I recommend TaxAct.com).
  • Apr 3, 2006, 01:23 AM
    basestfan
    Thanks to you.
    Let me make few points clear.
    1- I shouldn't consider myself dual status, right? (In 2005 I was in USA for 207 days, the rest were abroad)
    2- if I submit paper, I don't have to write Dual status return on the top of the form 1040?
    3- the 1040 info says if dual status then standard deduction is zero. But then if you say it is not dual status, then I should use 5,000 as a deduction?
    4- I have tried initially before reading all about this to e-file through turbotax. They said they can't do it using a foreign address. Can I use a USA mailing address of some of my friends for correspondance, and have refunds directly deposited?

    Thank you again. You're very helpful
  • Apr 3, 2006, 10:17 PM
    AtlantaTaxExpert
    1) I believe that is correct.

    2) Do not write DUAL STATUS on your return.

    3) Yes, you can claim the standard deduction.

    4) No, that would be filing fraudulantly. Just mail it in; you can still have the refund deposited directly into your checking account.

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