[syphon_filter]

Hi All,

I need some help in figuring out my taxation status for 2009.

Here it is:

- I am a Canadian Citizen with a (H1B Visa to work in the US)
- I worked in the US from May 2006 - March 2009 (clearly a US Resident according to substantial presence test)
- From March 2009 - March 2010 - one year expat under the same US employer
- In April 2010 - I will go back and work in the US in my original position for the same (US) employer

- Can I claim Dual-Status for 2009? Or does the substantial presence test over rule? The alternative is, can I claim Resident Alien (under SRT) and claim foreign income exclusion?


Thanks,

[syphon_filter]

I should probably add that my 1 year expat work was in Japan. So I am wondering how this one year absence from the US affect my tax situation.

Thanks again.

[MukatA]

You have completed SPT in 2009 so you are full year resident for 2009. How did your employer report your income on W-2? Your U.S. Tax Return: Substantial Presence Test

[syphon_filter]

Well income was divided in two ways. For the 2 months working in the US, I got income in the US and for income in Japan, I got payed/taxed in Japan. However, I got a small amount of cash each month regardless in the US of approximately $500 dollars/month to cover benefits in 2009.

MukatA - If I am a full year resident for 2009 - Can I claim the Foreign Income Exclusion even though I am an H1B Visa holder?

Thanks again.