Filing tax return

QB75

New Member
Hi,
My wife and I entered the USA on December 31, 2021 as 2022 DV winners. We got our green cards and social security and we've been living here for four months. Do we need to file taxes for the last year 2021 because we practically entered the US on the last day of December 2021? Or we are not required to file taxes for 2021.

Thanks for your help.
QB
 
You guys pass the Green Card Test for 2021, so you are resident aliens for 2021, but since it's your first year of residency, your residency starting date is when you became a permanent resident (December 31), so you would be by default dual-status for 2021 -- resident for the last day, and nonresident for the first 364 days. Residents are taxed on their worldwide income, while nonresidents are taxed on only their US income. If you didn't have US income for the first 364 days, and didn't have worldwide income for the last day, neither of you would be required to file a 2021 tax return. Note that even if you did file, you would file as Married Filing Separately -- dual-status cannot file jointly. You would each file form 1040 with "Dual-Status Return" written across the top, you cannot claim the standard deduction, and you would each attach a 1040NR or other statement showing your US income for the part of the year you were nonresident.

Since you are married, and you were residents on the last day, you could elect to be treated as residents for the whole year, and file jointly. But seeing as you don't have income taxable by the US while filing separately, there isn't any benefit to filing jointly, and treating yourselves as residents for the whole year subject your worldwide income that year to US taxes, and you could probably use Foreign Earned Income Exclusion to exclude taxes from that income, but it's still a pain to report that income and claim the exclusion, when there is no benefit.

One interesting issue is the third stimulus payment ($1400 per person). If you were a resident alien for 2021, had a Social Security Number issued before the due date for 2021 taxes, including extensions (the regular due date was April 18, 2022; if you had extension the deadline is in October), and your income was below a certain level, then you can each claim $1400 in Recovery Rebate Credit on your 2021 tax return. If you can claim this, then it would be worthwhile to file just to claim this.
 
@QB75 Thanks for sharing your case. We were the DV2021 winners and also entered the US last year.
I am still struggling in filing the tax return as we have some different situation.

Hi, @newacct would you mind giving advice for our situation as follows:
While I entered the US on Nov 19, 2021, my wife entered on Nov 28, 2021. But my wife still has her job in Hong Kong so she went back to Hong Kong on Dec 14, 2021 (she returned to the US later in 2022).
From your reply to @QB75 's post, I got that if we file as dual status, we would need to file as Married Filing Separately. As my wife had the foreign income after entering the US, we would need to file tax return which is different to @QB75's case. But is it correct that she only needs to file the income amount earned from Nov 28 (or 29?) to Dec 31, 2021? For me, I would still need to file even I didn't have any income after entering the US?
In short, we would need to file the following forms: (1) 1040 for me showing no US income, (2) 1040NR for me showing no US income, (3) 1040 for my wife showing no US income and 2555 showing the HK income from Nov 28/29 to Dec 31, and (4) 1040NR for my wife showing no US income.

The another option is we can elect to be treated as residents for the whole year and file jointly. In this case, we have to file everything in whole year so both of us have to include the income we earned in HK. Is it correct? But each of us can claim the exclusion for foreign income. If our income did not exceed that exclusion threshold, we are still not required to pay tax for that.

If we choose to file as residents for the whole year, we will be eligible to claim the third stimulus payment.

Thanks for your help.
 
The another option is we can elect to be treated as residents for the whole year and file jointly. In this case, we have to file everything in whole year so both of us have to include the income we earned in HK. Is it correct? But each of us can claim the exclusion for foreign income. If our income did not exceed that exclusion threshold, we are still not required to pay tax for that.
That's correct, if you pass the Physical Presence Test (330 days out of US in a 12-month period) for the Foreign Earned Income Exclusion.

If we choose to file as residents for the whole year, we will be eligible to claim the third stimulus payment.
Yes. My opinion is that dual-status people can claim the stimulus payments too, but I haven't seen anything explicitly stating that.

From your reply to @QB75 's post, I got that if we file as dual status, we would need to file as Married Filing Separately. As my wife had the foreign income after entering the US, we would need to file tax return which is different to @QB75's case. But is it correct that she only needs to file the income amount earned from Nov 28 (or 29?) to Dec 31, 2021? For me, I would still need to file even I didn't have any income after entering the US?
In short, we would need to file the following forms: (1) 1040 for me showing no US income, (2) 1040NR for me showing no US income, (3) 1040 for my wife showing no US income and 2555 showing the HK income from Nov 28/29 to Dec 31, and (4) 1040NR for my wife showing no US income.
I don't think you would need to file if you don't have anything on 1040 or 1040NR. (Though I'm completely sure if being dual-status changes anything.) Your wife would need to report her income from Nov 28/29 to Dec 31 on her 1040, but it should end up with no tax as she is using Foreign Earned Income Exclusion on it.
 
@newacct Thank you so much for the advice and explanation.
I think I would choose to file as Married Filing Jointly as it can be done electronically. Also, in order to obtain the third stimulus payment, I think I would need to file even I have no income. I have tried the TaxSlayer and found it has an option "COVID-19 Relief" and then "Recovery Rebate Credit? For individuals who qualified for the third stimulus payment but did not receive one or received the wrong amount". Maybe other software/platforms(e.g. TurboTax) also have this option.
One thing I would like to confirm is we only need to file the income from HK earned in the period after our admission to the USA, no matter we file separately or jointly.
 
One thing I would like to confirm is we only need to file the income from HK earned in the period after our admission to the USA, no matter we file separately or jointly.
You guys need to be treated as residents for the whole year in order to be able to file jointly. So if you go that route, you would need to list your worldwide incomes for the whole year on your 1040. But you would be able to use the Foreign Earned Income Exclusion on the foreign earned income for the whole year (or almost the whole year).
 
You guys pass the Green Card Test for 2021, so you are resident aliens for 2021, but since it's your first year of residency, your residency starting date is when you became a permanent resident (December 31), so you would be by default dual-status for 2021 -- resident for the last day, and nonresident for the first 364 days. Residents are taxed on their worldwide income, while nonresidents are taxed on only their US income. If you didn't have US income for the first 364 days, and didn't have worldwide income for the last day, neither of you would be required to file a 2021 tax return. Note that even if you did file, you would file as Married Filing Separately -- dual-status cannot file jointly. You would each file form 1040 with "Dual-Status Return" written across the top, you cannot claim the standard deduction, and you would each attach a 1040NR or other statement showing your US income for the part of the year you were nonresident.

Since you are married, and you were residents on the last day, you could elect to be treated as residents for the whole year, and file jointly. But seeing as you don't have income taxable by the US while filing separately, there isn't any benefit to filing jointly, and treating yourselves as residents for the whole year subject your worldwide income that year to US taxes, and you could probably use Foreign Earned Income Exclusion to exclude taxes from that income, but it's still a pain to report that income and claim the exclusion, when there is no benefit.

One interesting issue is the third stimulus payment ($1400 per person). If you were a resident alien for 2021, had a Social Security Number issued before the due date for 2021 taxes, including extensions (the regular due date was April 18, 2022; if you had extension the deadline is in October), and your income was below a certain level, then you can each claim $1400 in Recovery Rebate Credit on your 2021 tax return. If you can claim this, then it would be worthwhile to file just to claim this.
Though this reply is for another member. I find it very valuable. Thank you for sharing this, I entered in mid November on DV 22. And now back in my country to tie up some lose ends. But I do not have a US income. Am I liable to pay US taxes for 2022? Even if somebody do not have an employment in the US, is he still has to pay taxes or does he need to start paying from the time he finds employment? Appreciate is anybody see this and replies.
 
Though this reply is for another member. I find it very valuable. Thank you for sharing this, I entered in mid November on DV 22. And now back in my country to tie up some lose ends. But I do not have a US income. Am I liable to pay US taxes for 2022? Even if somebody do not have an employment in the US, is he still has to pay taxes or does he need to start paying from the time he finds employment? Appreciate is anybody see this and replies.
You are subject to US taxes on your worldwide income since you entered. Do you have any income (it doesn't matter if it's in the US or abroad)?
 
You are subject to US taxes on your worldwide income since you entered. Do you have any income (it doesn't matter if it's in the US or abroad)?
Saw this late. No, currently I do not have any income. I am attending to some personal matters and will be back in the US in few months. Then only I have to find work.
 
Hi,
My wife and I entered the USA on December 31, 2021 as 2022 DV winners. We got our green cards and social security and we've been living here for four months. Do we need to file taxes for the last year 2021 because we practically entered the US on the last day of December 2021? Or we are not required to file taxes for 2021.

Thanks for your help.
QB
Congratulations on your DV win and successful move to the USA! Regarding taxes, if you entered the U.S. in December 2021, you are considered a resident for tax purposes. Therefore, you are generally required to file taxes for the entire year, including the period before your arrival.

Make sure to report your worldwide income. You might be eligible for certain tax credits and deductions. It's advisable to consult a tax professional to ensure accurate filing and maximize potential benefits. Remember, tax laws can be complex, and professional advice will help you navigate them effectively.
 
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Though this reply is for another member. I find it very valuable. Thank you for sharing this, I entered in mid November on DV 22. And now back in my country to tie up some lose ends. But I do not have a US income. Am I liable to pay US taxes for 2022? Even if somebody do not have an employment in the US, is he still has to pay taxes or does he need to start paying from the time he finds employment? Appreciate is anybody see this and replies.
Saw this late. No, currently I do not have any income. I am attending to some personal matters and will be back in the US in few months. Then only I have to find work.
This is again on Taxes and hope a member would see this. I understand that filing of taxes is a complex matter. As given above, I entered in mid November 2022 and went back in mid December to tie up all the unfinished business. I had my income till December 30th. Then I returned in March and was unemployed till September. How should be the tax filing done in this case? With the Taxes for 2023 I have file 1040 NR showing no US income and 2555 showing the worldwide income for the period mid Nov- end Dec 22 am I right?
 
This is again on Taxes and hope a member would see this. I understand that filing of taxes is a complex matter. As given above, I entered in mid November 2022 and went back in mid December to tie up all the unfinished business. I had my income till December 30th. Then I returned in March and was unemployed till September. How should be the tax filing done in this case? With the Taxes for 2023 I have file 1040 NR showing no US income and 2555 showing the worldwide income for the period mid Nov- end Dec 22 am I right?
Are you doing 2022 taxes or 2023 taxes? It sounds like you are doing 2022 taxes, but those were due April 15, 2023. But better late than never; there is no penalty if you didn't owe any more taxes as of April 15.

You were a resident alien; probably dual-status for 2022, but that is still resident alien for the last part of the year. You need to file 1040, not 1040NR. You can attach a 1040NR to serve as a statement of your income from the part of the year you were nonresident, but the main form you are filing is still 1040. Your 1040 needs to show your worldwide income for the period after you arrived. Even if you were eligible to use the Foreign Earned Income Exclusion, you must report the excluded income on your 1040, and then subtract it out using the exclusion. (The Foreign Earned Income Exclusion can only be used by US citizens and resident aliens, so that alone tells you that 1040NR is incorrect.)
 
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