• Dual Status Tax Refund form

Hello, 

I was approved for Permanent Residency in October 2016. Until that I was under F1 visa. I worked for the same company. Do I need to file Dual Status Tax return since I was Non-resident and resident during the year? If yes how should I split my W-2 form since I have only one W-2 for whole year?

Thanks you very much.
Ula
Asked 8 years ago in Income Tax

Dear Ula,

My apologies! I think you are talking about USA taxation and I am not expert in USA taxation. Hence, I won't be able to answer this.

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

Hello Sir,

I assume the returns you are talking about are USA Revenue returns. I am sorry to say but we do not practice in US laws so will not be in a position to bail you out.

Feel free to get back if you have any Indian Taxation issues, we will be glad to help.

Trust this clarifies your query.

Feel free to call / get back in case of further clarifications.

Thanking You.

Regards,

Rohit R Sharma

BCOM, ACA, LLB-GEN, CERT. FAFP

Rohit R Sharma
CA, Mumbai
2104 Answers
95 Consultations

It is the responsibility of your employer to issue W2 form latest by 31st January in respect of income earned by you as an employee during the calendar year 2016. You need to file your return by April 10 in respect of income in the calendar year 2016. The dual status does not matter and you need to indicate only the present status while filing the return.

We were handling filing of US tax returns earlier but for the last 5 years, we have discontinued this area of practice. Hence, I suggest that you should consult a local CPA for filing your tax return or you may even make use of the tax return preparer services to get an update on the latest regulations, while filing your return.

You need to disclose your global income and claim credit taxes paid,if any, in India.

B Vijaya Kumar
CA, Hyderabad
1029 Answers
124 Consultations

Hi,

You are considered an Indian resident for a financial year:

when you are in India for at least 6 months (182 days to be exact) during the financial year

OR

you are in India for 2 months (60 days) for the year in the previous year AND have lived for one whole year (365 days) in the last four years.

If you are an Indian Citizen working abroad or a member of a crew on an Indian ship only the first condition is available to you - which means you are a resident when you spend atleast 182 days in India. The same is applicable to a PIO who is on a visit to India. The second condition is not applicable to these individuals.

A PIO is a person who, or any of his parents, or any of his grandparents were born in undivided India.

You are an NRI if you do not meet any of these conditions.

Its not mandatory for NRI to file income tax return in India until his income through rentals and fixed deposit interest or any other income earned in India is more than basic exemption limit of 2.5 lakh for year 2016-17, but its good to file because you can claim your money back, which was deducted as TDS e.g. from interest earned in NRO fixed deposit.

Vishakha Agarwal
CA, Bangalore
448 Answers
85 Consultations

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