Illustration of 
Dual-Status Return(p36)

Sam R. Brown is single and a subject of the United Kingdom (U.K.). He temporarily entered the United States with an H-1 visa to develop a new product line for the Major Product Co. He arrived in the United States March 18, 2010, and left May 25, 2010, returning to his home in England.

The Major Product Co. later offered Sam a permanent job, and he returned to the United States with a permanent visa on September 10, 2010.

During Sam's temporary assignment in the United States, the Major Product Co. paid him $6,500. He accounted to his employer for his expenses for travel, meals, and lodging while on temporary assignment, and was reimbursed for his expenses. This amount was not included on his wage statement, Form W-2, given to him when he left the United States.

After Sam became permanently employed, his wages for the rest of the year were $21,950, including reimbursement of his moving expenses. He received a separate Form W-2 for this period. His other income received in 2010 was:

Interest income paid by the U.S. Bank (not effectively connected):

March 31	$45
June 30	$48
September 30	$68
December 31	$89

Dividend income paid by Major Product Co. (not effectively connected):

April 3	$120
July 3	$120
October 2	$120

Interest income (in U.S. dollars) paid by the U.K. Bank:

March 31	$ 90
June 30	$110
September 30	$118
December 31	$120

Sam paid the following expenses while he was in the United States:

Moving expenses incurred and paid in   September	$8,300
VA state income tax	$ 612
Contributions to U.S. charities	$ 310

Before Sam left the United States in May, he filed Form 1040-C (see chapter 11). He owed no tax when he left the United States.

Sam completes Form 1040NR as follows.

Sam prints his name, address, and social security number on page 1 of Form 1040NR. He prints "Dual-Status Statement" across the top of the form.

On line 8, Sam enters his salary while a nonresident. He enters the state income tax withheld from his salary on line 38 (carried from page 3, line 17, Schedule A) and the federal income tax withheld ($536) from his salary on line 60a. He also carries these amounts to Form 1040 (discussed later).

Sam also reports the not effectively connected U.S. income received while he was a nonresident alien. He reports the April and July dividends from the Major Product Co. in column (b) of line 1a on Schedule NEC. He figures the tax on his dividend income on lines 14 and 15 of Schedule NEC and carries it forward to line 53 on Form 1040NR. (The rate of tax on this income is limited to 15% by Article 10 of the U.S.-U.K. income tax treaty. Treaty rates vary from country to country, so be sure to check the provisions in the treaty you are claiming.)

Sam also reports $36, the amount of tax withheld at source by the Major Product Co. on line 60d, Form 1040NR. Later he will report the amount on Form 1040.

Sam is not required to report the interest credited to his account by the U.S. Bank during the period he was a nonresident alien. Interest on deposits with U.S. banks that is not effectively connected with a U.S. trade or business generally is treated as income from sources in the United States but is not taxable to a nonresident alien.

The interest income received from the U.K. Bank while Sam was a nonresident alien is foreign source income and not taxable on his U.S. return.

Sam completes all applicable items on page 5 of Form 1040NR.

Sam completes Form 1040 as follows.

Sam prints his name, social security number, and address on page 1 of Form 1040. He checks the "You" box for the Presidential Election Campaign Fund and "Single" under filing status. He also checks the exemption block for himself and prints "Dual-Status Return" across the top of the form.

Sam reports on line 7, Form 1040, all wages received during the period he was a resident of the United States ($21,950) and the wages received during the period he was a nonresident alien ($6,500) that was effectively connected with his U.S. trade or business. This income is taxed at the graduated rates.

Sam reports on Form 1040 the interest income credited to his account by the U.S. Bank and the U.K. Bank in September and December, while he was a U.S. resident. If any of the interest income received while he was a nonresident alien was effectively connected with his U.S. trade or business, he would also report these amounts on Form 1040. If he had paid foreign income tax on the interest income received from the U.K. Bank, he would claim a foreign tax credit.

The dividend income includes only the October dividend, which was received while Sam was a U.S. resident. The dividend income received during his period of nonresidence was not effectively connected with his U.S. trade or business and, therefore, not taxed at the graduated rates.

Sam completes Form 3903 (not illustrated) to figure his moving expense deduction and reports the total on Form 1040, line 26.

Sam cannot claim the standard deduction because he has a dual-status tax year. He reports his itemized deductions on Schedule A (Form 1040). The only itemized deduction he had while he was a nonresident alien was the state income tax withheld from his pay. For information purposes, he lists this amount on Schedule A, line 1, Form 1040NR, in addition to including it on Schedule A, Form 1040.

Sam totals his itemized deductions on line 29, Schedule A (Form 1040).

Sam checks box 39b and reports the amount from line 29 of Schedule A (Form 1040) on line 40, Form 1040.

Sam enters $3,650 for one personal exemption on Form 1040, line 42. He subtracts the amount on line 42 from the amount on line 41 to figure his taxable income, line 43.

Sam is now ready to figure the tax on his income taxed at the graduated rates. He uses the column in the Tax Table for single individuals. He enters $1,993 on line 44. Because he had no alternative minimum tax to add, he enters $1,993 again on line 46.

Sam also enters $1,993 on line 55 because he had no credits to subtract.

To this tax he must add the tax on the income taxed at the 30% or lower treaty rate. Because there is no line on Form 1040 for this tax, he reports the amount ($36) on the dotted line next to line 60 and includes it in the total tax on line 60.

Sam adds the total amount of tax withheld ($2,653) from his wages to the amount of tax withheld at source ($36 from Form 1040NR, line 60d). He enters $2,689 on line 61. He also writes a brief explanation.

Sam compares the total tax on Form 1040, line 60 to the total payments on line 72, to see if he has overpaid his tax or if he owes an additional amount. Because the amount of tax withheld and the amount of tax paid at source are more than his total tax, he has overpaid his tax. He subtracts the amount on line 60 from the amount on line 72 to figure his refund.

Sam checks to be sure that he has completed all parts of Form 1040 that apply to him. He also checks to see if he has completed the necessary parts of the Form 1040NR that he is attaching as a statement. He then signs and dates the return and enters his occupation.

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