[johnwang9999]

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.

[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.

[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."

[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?

[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.

[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?