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US tax status confusion: Resident or non-resident after moving abroad?

I came to the US back in 2019 on an F-1 visa. After the 5-year exemption period for F-1 holders, I became a tax resident in 2024. I relocated to Germany for work in October 2024, but I'm planning to file as a tax resident for 2024, report my worldwide income, and claim Foreign Tax Credit since this seemed like the simpler route from what I've researched. My situation gets complicated because I'll be traveling to the US frequently to visit my partner (we're not legally married). I'll be back in the US on a B1 visa in late December, and my total time in the US during 2025 will likely exceed 31 days throughout the year, which I believe means I'd pass the Substantial Presence Test (especially counting my days from 2024). However, since I've established tax residency in Germany with solid ties here (employment contract, apartment lease, German bank accounts, etc.), I don't think I need to file US taxes even if I stay in the US for more than 31 days in 2025. Here's what I'm trying to figure out: 1) Is my understanding correct about not needing to file US taxes in 2025? 2) Should I proactively report my change in tax status to the IRS when 2024 ends? 3) For 2024, does filing as a tax resident for the whole year make sense, or would a dual-status return be better? If dual-status is recommended, how would my December visit affect things? Would my resident alien status end in October when I established German tax residency? 4) How would getting married in 2025 change things? Would I need to file US taxes as a resident/NRA? (I understand my partner would file as married filing separately) 5) What if I apply for a Green Card in 2025? Would an approved I-140 make me a "US person" for tax purposes?

For those discussing dual-status returns, there's an important limitation to be aware of: you cannot take the standard deduction on a dual-status return unless you're a resident of Canada, Mexico, South Korea, or India. You must itemize deductions for the resident portion of the year. Also, if you're filing dual-status because you left the US, you might want to look into any 401k or IRA accounts you have. There are special considerations for retirement accounts when you become a nonresident.

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Mia Alvarez

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Is that also true for foreign tax credits? I've heard you can't claim FTCs on a dual-status return for the nonresident portion of the year. Can someone confirm?

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This is a complex situation that touches on several important tax considerations. Let me add some clarification on a few points that haven't been fully addressed yet. Regarding your December 2024 visit while planning a dual-status return: Since you're entering on a B1 visa as a visitor, those days would typically be counted in the nonresident portion of your year. However, you'll want to be very clear about your departure date and intent when you left in October, as this establishes when your resident status ended. One thing I didn't see mentioned is the exit tax considerations under Section 877A. Since you were a resident alien for multiple years and are ceasing to be a US tax resident, you'll want to verify whether you meet any of the criteria that would subject you to expatriation tax rules. Most people don't, but it's worth checking. For your frequent travel pattern in 2025, keep detailed records of your entry/exit dates and the purpose of each visit. The closer connection exception requires demonstrating that Germany is your tax home, so document your German employment, housing lease dates, utility bills, bank statements, and other ties that show Germany as your primary residence. Also consider that if you do get married and your spouse is a US citizen, they may need to report your foreign bank accounts on their FBAR even if you file separately, depending on signature authority and beneficial ownership rules.

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Romeo Quest

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Hey Kristin! Welcome to the world of being an employer - it's definitely overwhelming at first but you'll get the hang of it. Everyone has already given you great advice about the March 12 date (it's just a statistical snapshot, not your actual filing requirement). Since you're using Gusto, I'd recommend double-checking that they're set to file your 941 automatically for you. Most payroll services offer this as part of their service, which can save you from having to worry about the filing deadlines and form preparation. If they're not handling the filing, make sure you know exactly when your Q1 form is due (April 30th) and set that reminder now. Also, don't forget that as a new employer, you might be subject to semi-weekly deposit schedules depending on your payroll amounts. Gusto should handle this automatically, but it's worth confirming so you don't accidentally miss any deposit deadlines. The deposit penalties can be pretty steep even for small amounts. You're asking all the right questions - keep it up!

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This is really helpful advice about checking with Gusto! I'm actually dealing with a similar situation as a new employer and hadn't thought about verifying whether my payroll service handles the actual 941 filing or just the tax deposits. That's a crucial distinction that could save someone from missing deadlines. Thanks for pointing out the semi-weekly deposit schedules too - I had no idea that was even a thing for new employers. The learning curve is definitely steep when you're starting out!

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Ava Williams

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Great question, Kristin! I went through the exact same confusion when I first became an employer. The March 12 date threw me off completely, but here's what I learned: You absolutely need to file Form 941 for Q1 since you had payroll in that quarter (March 17-31). The "0" on line 1 is correct because you didn't have employees during the pay period that included March 12, but you still report all wages paid from January 1 - March 31 on the rest of the form. Think of line 1 as a government headcount snapshot, while the rest of the form captures your actual tax obligations for the full quarter. This is super common for businesses that hire mid-quarter - the IRS sees it all the time. Since you're using Gusto, definitely verify whether they're filing the 941 for you or just handling deposits. Some payroll services do both, others just handle the money side. Either way, your Q1 deadline is April 30, so you've got time to get it sorted. Welcome to the employer club - it gets easier once you understand the rhythm of quarterly filings!

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Miguel Ramos

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Has anyone done a Roth conversion with Vanguard specifically? Is there anything unusual about their process compared to other brokerages? I need to do this too but I'm nervous about messing something up.

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I did a Vanguard conversion last year. Their online process is actually pretty straightforward. You just log in, go to "Retirement contributions and distributions," select the option for conversions, and follow the prompts. They'll ask which account to convert from, which account to convert to, how much, and whether to withhold taxes. The only slightly annoying thing is that they'll warn you about tax consequences several times before letting you complete the transaction - but that's probably good so people don't do it without understanding.

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Niko Ramsey

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Great question! I went through this exact same scenario with Vanguard about 6 months ago. You're absolutely right that you only owe taxes on the earnings portion ($450), not the original $3,500 you already paid taxes on. I chose not to withhold taxes during the conversion for a couple reasons: First, as others mentioned, any amount withheld reduces what actually gets converted to your Roth. Second, since the taxable amount is relatively small, it's unlikely to cause underpayment penalties if your regular withholding from work covers most of your tax liability. Just make sure you keep good records of your non-deductible contributions. Vanguard will send you a 1099-R showing the conversion, but you'll need to file Form 8606 to prove to the IRS that you already paid taxes on the original contributions. If you haven't filed Form 8606 in previous years when you made those non-deductible contributions, you should consider filing amended returns to establish your basis properly. The conversion itself is pretty painless through Vanguard's website - just be prepared for several confirmation screens asking if you understand the tax implications!

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This is really helpful! I'm in a similar situation but with a much smaller amount - only about $1,200 in non-deductible contributions that have grown to maybe $1,350. It sounds like for such a small taxable amount (only $150 in earnings), withholding definitely doesn't make sense since it would reduce what gets converted. One question though - you mentioned filing amended returns for previous years if you didn't file Form 8606 when making the original contributions. Is there a penalty for filing those late, or is it just to establish the basis? I'm pretty sure I never filed Form 8606 when I made my non-deductible contributions two years ago.

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Maya Lewis

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Has anyone here dealt with converting a farm property from an LLC back to individual ownership before a parent's passing? We did this with my grandfather's farm last year to ensure we got the stepped-up basis, but now I'm worried about potential gift tax implications since the LLC was originally in our names (the kids).

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Isaac Wright

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When we did something similar, our tax attorney advised us to dissolve the LLC and distribute the property back to my father (the original owner) more than a year before any anticipated sale. There were no gift tax issues since it was going back to the original owner, but we did have to file some special paperwork with the property transfer. It worked out well - when he passed, we got the full stepped-up basis and saved about 35% on taxes when we eventually sold.

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Maya Lewis

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Thanks, that's reassuring! Did you have to pay any transfer taxes or recording fees when moving the property back to your father's name? Our county has some hefty transfer taxes, and I'm trying to figure out if there are any exemptions for this kind of family transfer.

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The missing LLC documentation is a red flag that needs immediate attention, especially with BOI reporting deadlines approaching. I'd recommend starting with your state's Secretary of State office - they should have the Articles of Organization on file that will show who signed as the organizer and initial members. For the stepped-up basis question, the key factor is who actually owns the LLC membership interests at the time of your father's death. If he retained ownership (making it a single-member LLC), the property gets stepped-up basis. If you kids already own the LLC, no step-up occurs since you technically already own the property. Given the Medicaid planning aspect, I suspect the LLC ownership was likely transferred to you children to protect the asset, which would unfortunately eliminate the stepped-up basis benefit. However, if your father retained even a small percentage of ownership, that portion would qualify for step-up. You might want to consider having the LLC dissolve and distribute the property back to your father if he's still healthy and the goal is to maximize the stepped-up basis for your family. Just be mindful of the Medicaid lookback period implications that others have mentioned.

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Evelyn Kelly

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This is really helpful advice, especially about checking with the Secretary of State office first. I'm new to dealing with estate planning issues, but this whole thread has been eye-opening about how complex these LLC arrangements can get. One thing I'm wondering - if we do find out that my father retained some ownership percentage, is there a way to restructure things now to maximize the stepped-up basis without running into Medicaid issues? It sounds like there might be a narrow window to make changes, but I'm not sure what the best approach would be for someone just starting to understand these rules. Also, does anyone know if the BOI reporting requirements might actually help us figure out the current ownership structure, or is that something we need to resolve before we can even file the BOI report?

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mine came yesterday actually! took exactly 2 weeks from when i filed. check ur mailboxes yall

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The Boss

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thx for the heads up! gives me hope lol

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Sasha Ivanov

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This is exactly why I always check for any processing issues before filing. H&R Block should have notified clients about this upfront - it's pretty frustrating to find out after the fact that your refund timeline just got extended by 1-2 weeks. At least now we know what's going on though. Thanks for sharing this info!

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Totally agree! I'm new to filing taxes and had no idea this could even happen. Really wish they would've sent an email or something when the issue first came up. At least I know to ask about potential delays next year before I file.

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