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    ekys1's Avatar
    ekys1 Posts: 4, Reputation: 1
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    #1

    Mar 25, 2012, 02:40 PM
    2011 Tax return for departed H1- Worker
    I left the US on Feb 6th 2011. I received pay until I left and I cashed out my US pension plan (which I'd only started paying into). I'm pretty sure I'm owed money on taxes.

    Because I had traveled a lot in 2009 and 2010, I don't pass the substantial presence test (I was in the USA for 318 days in 2009 and 225 days in 2010) with 164 days by the test calculation.

    I'm just wondering, what should I file? Do I file a 1040NR (or the EZ version)? It's been suggested I may need to file dual status, but I'm hoping I don't have to, since I didn't pass the substantial presence test.

    Any help is appreciated.
    ekys1's Avatar
    ekys1 Posts: 4, Reputation: 1
    New Member
    		  
    #2

    Mar 25, 2012, 02:42 PM
    Oh also, I'm single with no kids.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #3

    Mar 25, 2012, 08:03 PM
    If you file resident tax return in 2010, you are dual status for 2011-- resident up to Feb 6, 2011 and nonresident after that.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Mar 29, 2012, 02:56 PM
    Dual-status IS an option.

    However, you can also use the default residency termination date of 31 December 2011 and file as a resident for all of 2011, declaring all world-wide income and claiming the Foreign Tax credit for taxes paid to your home country.

    It is best if you model the return BOTH ways to determine the best course of action.

    In either case, you must also submit a Residency Termination Statement.

    If you want my professional help, double-click on my title above and scroll down to my profile/signature. You will find my email address and websites there.
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