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Dual-Status Alien return

JimS_1
Level 3

I am preparing a 1040-NR for a dual-status alien who left the US during the tax year after one year temp working transfer in US on L-1 Visa (late 2022 to late 2023).  I am trying to follow all of the guidance in Pub 519 and will attach a statement as PDF to establish residence termination date.   

But - Pub 519 also says, "Enter 'Dual-Status Return' across the top of the return.".  How can this be done in Lacerte?

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BobKamman
Level 15

The 1040-NR instructions don't come out and say it, but the fact that they give the address for mailing a dual-status return without mentioning e-filing (as they do with a single-status return) suggests that these still have to be paper returns.  So just use your Sharpie.  

Added:  See Page 12 of the 1040-NR instructions.  They give the addresses for mailing if the return is not e-filed.  Then they give the same addresses, without a mention of e-filing, for dual-status returns.  

What did the taxpayer do for the 2022 return?

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BobKamman
Level 15

The 1040-NR instructions don't come out and say it, but the fact that they give the address for mailing a dual-status return without mentioning e-filing (as they do with a single-status return) suggests that these still have to be paper returns.  So just use your Sharpie.  

Added:  See Page 12 of the 1040-NR instructions.  They give the addresses for mailing if the return is not e-filed.  Then they give the same addresses, without a mention of e-filing, for dual-status returns.  

What did the taxpayer do for the 2022 return?

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JimS_1
Level 3

Thank you Bob

2022 was a 1040-NR filed electronically because TP did not meet the substantial presence test.

I just read Notice 2020-70 (which is referenced in 1040-NR instructions), and it does say that the IRS does not accept efiled return for dual-status aliens.  UGH.   TP is in Europe, so getting signatures is going to require TP to print/sign/FedEx to me and then I'll have to mail for TP to IRS.

Welcome to the 19th Century IRS!  Maybe I'll send it via Pony Express.

Thanks again!  (I started with Pub 519, but probably should have started with 1040-NR instructions!)