Nonresident alien in 2019, resident alien starting Feb 2020

[Martacz 52]

Hi guys, 

 

I have a quick question today. I moved to the States in Feb 2019 and got married to my US husband in April 2019. I became a resident alien in Feb 2020. With that being said, I had been a nonresident alien throughout the entire 2019, before I have been granted a green card. How does that affect my taxes for 2019? Is there a difference between a resident and non-resident person when filling taxes?

 

Thanks!

[Ayrton 965]

1 hour ago, Martacz said:

Hi guys, 

 

I have a quick question today. I moved to the States in Feb 2019 and got married to my US husband in April 2019. I became a resident alien in Feb 2020. With that being said, I had been a nonresident alien throughout the entire 2019, before I have been granted a green card. How does that affect my taxes for 2019? Is there a difference between a resident and non-resident person when filling taxes?

 

Thanks!

You were a resident for Tax Purposes in 2019.

 

Immigrantion and IRS has different definitions for residency. You pass the presence test, and even if you didn't, you could send a statement signed by you and your husband electing you to be considered a resident for the whole year.

[Martacz 52]

3 hours ago, Ayrton said:

You were a resident for Tax Purposes in 2019.

 

Immigrantion and IRS has different definitions for residency. You pass the presence test, and even if you didn't, you could send a statement signed by you and your husband electing you to be considered a resident for the whole year.

Thank you Ayrton. 

 

One more question - I had worked in Poland before I moved to the States (quit my job prior to moving). Do I have to somehow include this income in my US taxes for 2019? Is it considered foreign income?

 

Thanks!

[Wuozopo 4,285]

10 minutes ago, Martacz said:

Thank you Ayrton. 

 

One more question - I had worked in Poland before I moved to the States (quit my job prior to moving). Do I have to somehow include this income in my US taxes for 2019? Is it considered foreign income?

 

Thanks!

Yes, if you file a joint return with your spouse, any income you earned at a job anywhere in the world from Jan1-Dec 31, 2019 is reported on your tax return as income. It is possible to exclude Foreign Earned income from taxation. Read the instructions for form 2555. 

Edited April 24, 2020 by Wuozopo

[Martacz 52]

22 hours ago, Wuozopo said:

Yes, if you file a joint return with your spouse, any income you earned at a job anywhere in the world from Jan1-Dec 31, 2019 is reported on your tax return as income. It is possible to exclude Foreign Earned income from taxation. Read the instructions for form 2555. 

Thank you!

 

I am very confused with the form 2555...

 

Part II, Line 14 says:

"If you were present in the United States or its possessions during the tax year, complete columns (a)–(d) below. Don’t include the income from column (d) in Part IV, but report it on Form 1040 or 1040-SR."

It asks me about the date I arrived to the States and the date I left. I arrived on Feb 20th 2019 and left on Nov 14th only to visit my family back in Poland. I got back to the States on Dec 6th. I worked in US Aug 19th - Nov 11th. The form is also asking about: 

 

c) Number of days in U.S. on business - well, I wasn't in US "on business". I mean, I have lived here since Feb 2019 and hold a job for 3 months. After this period, I was offered another, a lot better job and I decided to visit my family prior to starting a new job so I visited for 3 weeks and then got back to US. 

 

(d) Income earned in U.S. on business (attach computation) - again, I have lived in US since Feb 2019, should I report my income as "on business"? It's a W2...

 

Help 🙏

[Wuozopo 4,285]

1 hour ago, Martacz said:

Thank you!

 

I am very confused with the form 2555...

 

Part II, Line 14 says:

"If you were present in the United States or its possessions during the tax year, complete columns (a)–(d) below. Don’t include the income from column (d) in Part IV, but report it on Form 1040 or 1040-SR."

It asks me about the date I arrived to the States and the date I left. I arrived on Feb 20th 2019 and left on Nov 14th only to visit my family back in Poland. I got back to the States on Dec 6th. I worked in US Aug 19th - Nov 11th. The form is also asking about: 

 

c) Number of days in U.S. on business - well, I wasn't in US "on business". I mean, I have lived here since Feb 2019 and hold a job for 3 months. After this period, I was offered another, a lot better job and I decided to visit my family prior to starting a new job so I visited for 3 weeks and then got back to US. 

 

(d) Income earned in U.S. on business (attach computation) - again, I have lived in US since Feb 2019, should I report my income as "on business"? It's a W2...

 

Help 🙏

First off you need to recognize that this form mostly applies to Americans who go work in a foreign country. They want to be sure that person isn’t just on holiday abroad and trying to exclude some of their income. So bonafide resident test is trying to figure out if the person had a real visa or something that allowed them to live and work in that foreign country. Because it is written from an American viewpoint, it seems awkward to you. You were a bonafide resident of Poland and probably born there and a citizen. Right?

For the purpose of this form, answer the question in terms of the dates you lived in Poland and earned money there. Your Bonafide residence in Poland probably began when you were born and ended 2/20/2019 when you came to the US. So between Jan 1 and Feb 20, if you had a tourist trip to the US, you can list the dates. But you weren’t earning US money at a US job between those dates, so generally all that is blank OR zero. TurboTax won’t let you put zero. You have to leave it blank.

Edited April 25, 2020 by Wuozopo

[Martacz 52]

7 minutes ago, Wuozopo said:

First off you need to recognize that this form mostly applies to Americans who go work in a foreign country. They want to be sure that person isn’t just on holiday abroad and trying to exclude some of their income. So bonafide resident test is trying to figure out if the person had a real visa or something that allowed them to live and work in that foreign country. Because it is written from an American viewpoint, it seems awkward to you. You were a bonafide resident of Poland and probably born there and a citizen. Right?

For the purpose of this form, answer the question in terms of the dates you lived in Poland and earned money there. Your Bonafide residence in Poland probably began when you were born and ended 2/20/2019 when you came to the US. So between Jan 1 and Feb 20, if you had a tourist trip to the US, you can list the dates. But you weren’t earning US money at a US job between those dates, so generally all that is blank OR zero. TurboTax won’t let you put zero. You have to leave it blank.

Thank you!

 

Amazing how well you were able to explain it. 

 

1. Yes, I was born in Poland and I am a polish citizen.

 

2. Yes, my bonafide residence began when I was born and ended 2/20/2019.

 

I didn't have any trips to the US between Jan 1 and Feb 20, 2019. I will do as advised. Thank you again!

[Nitas_man 3,100]

On 4/23/2020 at 3:42 PM, Martacz said:

Hi guys, 

 

I have a quick question today. I moved to the States in Feb 2019 and got married to my US husband in April 2019. I became a resident alien in Feb 2020. With that being said, I had been a nonresident alien throughout the entire 2019, before I have been granted a green card. How does that affect my taxes for 2019? Is there a difference between a resident and non-resident person when filling taxes?

 

Thanks!

We treated Nita as “resident for tax purposes” for 2007 even though she entered the US for the first time in early 2008.  We filed MFJ, declared her 2007 income, then excluded it as foreign earned based on physical presence.

 

It is usually beneficial to file that way.

If you declared income from your home country (early 2019) you would exclude it based on percent of the year you were out Jan 1-Feb?? 2019 x foreign earned income exclusion.  Unless you were earning 8k-9k per month in Poland your 2019 income there would be excluded.

 

 

Edited April 29, 2020 by Nitas_man

[Blondie0216 92]

On 4/23/2020 at 5:42 PM, Ayrton said:

You were a resident for Tax Purposes in 2019.

 

Immigrantion and IRS has different definitions for residency. You pass the presence test, and even if you didn't, you could send a statement signed by you and your husband electing you to be considered a resident for the whole year.

I am on a k1 visa, moved here last June married in July, do we only need to sign a letter from my husband and I for me to be a resident alien for tax purposes.  
i have my pension info from Canada to give to the tax accountant   Thanks in advance

[Just Paul 4,591]

7 minutes ago, Blondie0216 said:

I am on a k1 visa, moved here last June married in July, do we only need to sign a letter from my husband and I for me to be a resident alien for tax purposes.  
i have my pension info from Canada to give to the tax accountant   Thanks in advance

I'd ask the tax preparer.  They can run the numbers both ways and get you a real answer based on those.