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    y_ygp's Avatar
    y_ygp Posts: 2, Reputation: 1
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    #1

    Mar 24, 2008, 12:43 PM
    Resident Alien or Dual status?
    I am Indian and my company has both India and USA operations.
    I came to USA on 01-July-2007

    Initially due to project uncertainties I continued to be on payroll of Indian branch of my company from for 4 months July-October.
    During this time the Indian company paid me My Salary in India (after deducting Indian taxes), Accommodation on sharing basis, car on sharing basis and an allowance $50 / day (per diem).
    We took the per diem from the traveling advance which the company gave us.

    On 01-Nov-2007 I was transferred to the US company which started paying me my salary (after deducting US taxes).
    My Indian salary / per diem and other benefits ceased from 01-Nov-2007.

    My W2 showed the salary for the Nov-Dec.
    I checked for my status with the help of a tool on one of the websites and it said I am a resident alien.
    I filed my return with form 1040EZ and got a refund for all the tax paid for the 2 months.

    Now I am having doubts whether am I a resident alien.
    And If not what should I do to get my returns corrected?
    Will I have to pay tax again for the salary received in India?

    Your help will be appreciated.
    Thanks in advance.
    The Texas Tax Expert's Avatar
    The Texas Tax Expert Posts: 310, Reputation: 7
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    #2

    Mar 24, 2008, 01:23 PM
    It would be incorrect to file as a resident for all of 2007. You have a dual status situation and should file dual status. See the IRS website for details on how to do that.
    y_ygp's Avatar
    y_ygp Posts: 2, Reputation: 1
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    #3

    Mar 25, 2008, 06:48 AM
    Thank you
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