[JuuKoo]

Hello!

I moved to the USA during Sep. 2005, so I am nonresident person for tax year 2005. However, because I will stay in the US more than 183 days during 12 months period I will need to file taxes (federal and state) for 2005. For year 2006 I will dual status resident, because I move from USA at end of Sep 2006.

Background information:

I worked 4 months for US company as international assignment (I had L1 VISA). My employer was not US company and I got all salaries as foreign currency. I paid normally my taxes to foreign country. Despite this fact, I will still need to inform my foreign income (which can be treated as US income, because I live in USA more than 183 days) to IRS and FTB.

Questions:

How to attach needed documents (how to inform foreign income) for 1040-NR and 540NR documents, I do not have W-2 or EIN etc. information, because I have not got zero USD from US company? The IRS informed that I do not need to attach anything, just file 1040-NR and no evidence from foreign income is not needed (just keep for your records). Is this really so? I have already converted my income to USD and everything is ready, but I do not know what to put my "firm name" and EIN information, because basically I do not have them in the USA:)

I am thinking to file extension to clear this out, it is a little bit confusing to pay taxes to several countries and especially when you do not belong any US company at all and your income is foreign one.

Best Regards,

Confused

[AtlantaTaxExpert]

JuuKoo:

You will need to file as a non-resident alien (Form 1040NR), which means you need NOT include any income from overseas, just the income you earned while in the U.S.

Your company should provide you a W-2 for the income earned in the U.S.

File the Form 4868 (extension) until you get everything straight.

[JuuKoo]

JuuKoo:

You will need to file as a non-resident alien (Form 1040NR), which means you need NOT include any income from overseas, just the income you earned while in the U.S.

Your company should provide you a W-2 for the income earned in the U.S.

Go ahead and file the Form 4868 (extension) until you get everything straight.

Hello!

Sorry about my earlier, a little bit confusing posting. I actually was working for US company and during this time my salary was paid by European company... complicated I would say:). I was an internal transfer inside same company (This European company has branch in the USA). So, I will need to pay taxes from these foreign salaries due to fact those are 100% related to working in the USA.

Problem: Due to fact I got all the money in Euros (during working in the USA) and have no W-2 document (and I will not get from US branch of company), should I for example deliver instead of W-2 the 4852 (substitute for form for w-2)? I have same problem for filing California state tax, papers are ready but I can not attach my W-2, because a) I do not have it and b) never will get it from US company. I tried to ask some tax support, but because I belong to European organization, I will not get this kind of documents or support (I understand this because I did not get any salaries in USD from this US branch).

Best Regards,

JuuKoo

[AtlantaTaxExpert]

JuuKoo:

What is the basis for your company refusing to issue a W-2? They may feel that you are not liable for either US or California taxes.

[JuuKoo]

JuuKoo:

What is the basis for your company refusing to issue a W-2?? They may feel that you are not liable for either US or California taxes.

Actually you are 100% right! This is a case. I woud not have been liable for federal and ca taxes (my company said it to me), in case that I would have moved from USA after I stoppped working here. Due to fact my assigment was under 6 months and this EU country and USA has tax deal, you do not have to pay taxes if you are working less than 6 months in the USA. This is the reason why I am not allowed to get W-2.

BUT... there is a big but, because I did stay here after my assigment the situation is different. When person stays in the USA (more than 6 months => 183 days), he or she is liable for taxes. This is official information, which I got from IRS. Luckily, I finally got also good support from IRS how to file taxes in my case and everything is now OK...

Thanks for the support!

Best Regards,

JuuKoo

[AtlantaTaxExpert]

Glad to help!