Legal Question in Tax Law in California

Eligibility of 1040NR/1040 and clarification regarding.

Hi,

I was continuously in Californian, USA, in the period of 03/08/2000-03/06/2002 having L1 visa, and my wife was in same place for the period of 06/25/2000 - 03/06/2002 with L2 visa, I am a software engineer and worked in a software company during the stint in USA. I submitted Federal and CA tax for the year 2000 and 2001. Now I have to submitted tax for financial year 2000. I lost my job on 02/28/2002 and came back to India (home country) on 03/06/2002 in my own expenses. My source of incomes are Salary(W2) and Banking interest (1099-INT)for 2002

Now my question is as follows:

1. What kind of tax form (1040/1040NR/1040NRE) should i submit for Federal tax and for CA ((540EZ/540NR))?

2. May I eligible to claim travelling expences to India as moving expenses?

3. While wrapping up things in USA just before leaving USA, I spent some money for travelling here and their (Renting a car from Enterprise, moving within California), may I eligible to claim this expenses as a part of moving expenses?

4. While travelling to India, I spent lodging charge in Singapore from my pocket, may I eligible to claim this amount as a part of moving expenses?

If you need more info,please write me.

Thanks,


Asked on 3/07/03, 4:45 am

1 Answer from Attorneys
Naveen Madala

Re: Eligibility of 1040NR/1040 and clarification regarding.

Even though you will be classified as a resident under the substantial presence test, you can file as a non-resident if you can show that your tax home is in India and you have a closer connection to India during 2002. Moving expense deductions have technical requirements you have to comply with. Most of your expenses will not be deductible, but there may be other deductions you can take advantage of.

Read more
Answered on 3/07/03, 5:22 pm


Related Questions & Answers

More Tax and Taxation Law questions and answers in California