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Level 5
March 9, 2022
Solved

Part-year resident status

  • March 9, 2022
  • 2 replies
  • 16 views

Hi everyone,

Taxpayer has Green Card, his wife also. They have two kids born in U.S. From January 2021 to July 2021 they lived together in other country. From August until now taxpayer with one child live in New Jersey. His wife and another child stayed in their country. I checked part-year NJ resident. 

What is taxpayer filling status? MFS?

And one more thing - his income is only from NJ source. I put this info in the allocation worksheet, but NJ count only part of this income. Is it correct? 

Thank you

 

This topic has been closed for replies.
Best answer by joshuabarksatlcs

"They both have green card."  One crucial factor: Green card dates and their presence in the US in the year they got the green card.  

If they got the green card in 2021, See  https://www.irs.gov/individuals/international-taxpayers/residency-starting-and-ending-dates

Green card holders are subject to worldwide income and pretty much all the general tax regulations.  A residency on foreign soil would make a difference for federal tax in only a few issues such as Foreign earned income exclusion...  FBAR is also applicable to green card holders.

 

    

2 replies

sjrcpa
Level 15
March 9, 2022

MFS.

You could do MFJ but in that case non US resident spouse has to pay US tax on their worldwide income.

The more I know the more I don’t know.
sabkosl13Author
Level 5
March 9, 2022

She don't want that, so MFS is OK. Thank you

sabkosl13Author
Level 5
March 9, 2022

What about his income? Do you know, why the system use only partial? All his income is from NJ and was received during NJ residency. 

joshuabarksatlcs
Level 9
March 9, 2022

"They both have green card."  One crucial factor: Green card dates and their presence in the US in the year they got the green card.  

If they got the green card in 2021, See  https://www.irs.gov/individuals/international-taxpayers/residency-starting-and-ending-dates

Green card holders are subject to worldwide income and pretty much all the general tax regulations.  A residency on foreign soil would make a difference for federal tax in only a few issues such as Foreign earned income exclusion...  FBAR is also applicable to green card holders.

 

    

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