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    sarovalli's Avatar
    sarovalli Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Mar 17, 2011, 06:41 AM
    Non-Resident Alien: Capital gain tax, Dependent Benefit (US-Citizen)
    Hi,

    I stayed in USA on a H1 visa only for 21 days in 2010, but stayed more than 183 days in the previous 3 years. Since I stayed only for 21 days in 2010 I need to file my 2010 tax return as a non-resident alien. I received a W2 for my salary income. Also made profit by selling my shares in 2010 after I returned from US.

    1) Do I need to pay tax (30%) for the profit I made by selling my shares?
    2) I have a daughter who also stayed with me in 2010, she is an US Citizen, can I claim her as a dependent on my 1040-NR?

    Thanks!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Apr 25, 2011, 10:51 AM
    If you file as a non-resident, then you CANNOT claim your child as a dependent; sorry!

    As for the stock sale, it depends on WHEN you bought the stock and what the tax treaty between your home country and the United States says. If there IS no treaty, then the 30% rule MAY apply.

    If you need professional help filing your return, email me at [email protected] or [email protected].
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