Dual-Status Tax Year and Form 1116 - Correctly Claiming Foreign Tax Credit with a Green Card
Hey tax people, So I'm tackling my first US tax return for 2023 and have a pretty complex situation. I moved from the UK to the US mid-year and became a US resident via Green Card, making this a dual-status tax year. I didn't have any US income during 2023, but did have UK employment income. From what I've researched, I need to file both Form 1040 and 1040-NR since I'm a resident for part of the year and non-resident for the other part. For the resident period, I'm taxed on worldwide income. For reporting my UK income on the 1040, I calculated: (Days as US resident in 2023/365) × Total UK income / 1.25 (GBP/USD exchange rate) Example: (120 days/365) × £80,000 / 1.25 = $21,041 for Form 1040 My bigger confusion is about Form 1116 for the Foreign Tax Credit. I did a similar calculation for the UK tax I paid during my US resident period. But here's the complication - when I filed my UK taxes, I discovered my employer had under-withheld about £3,500, which I paid to HMRC in April 2024. Since I'm using the cash method on Form 1116, should I only include what was actually withheld in 2023? Or can I somehow include the additional £3,500 I paid in 2024 (but which was for 2023 income)? Some sources suggest I might need to claim this additional payment on my 2024 US return instead. Any guidance would be hugely appreciated! This dual-status stuff is making my head spin.
21 comments


Monique Byrd
Your approach to calculating your US-taxable foreign income is on the right track. For a dual-status year, you need to pro-rate your foreign income based on the period you were a US resident for tax purposes. For your Form 1116 Foreign Tax Credit question, the IRS is pretty clear about this. Since you're using the cash method (which is what most individual taxpayers use), you can only claim foreign taxes in the year you actually paid them. So for your 2023 US tax return, you can only claim the UK taxes that were actually withheld during 2023. The additional £3,500 you paid in April 2024 will be claimed on your 2024 US tax return (filed in 2025), even though it relates to your 2023 UK income. This is a common situation for people with foreign income. The IRS doesn't care which tax year the foreign taxes relate to - they only care when you physically paid them. Make sure to keep good records of all your foreign tax payments, including the dates paid and exchange rates used. You'll need these to complete Form 1116 accurately for both tax years.
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Jackie Martinez
•Does the same rule apply if they paid estimated taxes to the UK? Like if they made quarterly payments throughout 2023 and then had to pay that extra amount in 2024? Would all the quarterlies count for 2023 and only the final payment count for 2024?
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Monique Byrd
•Yes, exactly right. Any estimated tax payments or withholding that occurred during calendar year 2023 would be claimed on your 2023 US tax return. This includes all quarterly payments or any other payments you made to the UK tax authorities during 2023. The timing of when you physically paid the tax is what matters for the cash method, not what tax period the payment is for. So if you made quarterly payments in April, June, September, and December 2023, all of those would go on your 2023 Form 1116. The final settlement payment made in April 2024 would go on your 2024 Form 1116.
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Lia Quinn
I went through a similar nightmare last year with my Canadian income and US taxes. I started using https://taxr.ai after getting totally confused with all the form requirements for foreign income. Their AI actually explained exactly how to handle the dual-status year situation and walked me through the Form 1116 step by step. It analyzed all my Canadian tax docs and figured out exactly which amounts should go where. What really helped was that it showed me how to properly calculate the foreign tax credit limitation, which is super important because you can't claim more foreign tax credit than your US tax liability on that same income. For someone in your situation with employer under-withholding, it would definitely clarify the timing issues.
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Haley Stokes
•Does it handle all the currency conversion stuff too? That's the part that's killing me with my German income. And does it actually fill out the forms for you or just give you instructions?
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Asher Levin
•I'm skeptical about AI tax help with international situations. How accurate was it compared to what an accountant would tell you? I've been burned before with tax software that claimed to handle foreign income but messed up the forms.
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Lia Quinn
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Asher Levin
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Serene Snow
I had to deal with the IRS directly about a similar international tax situation last year. After 6 attempts and hours on hold trying to reach someone who understood dual-status returns and Form 1116, I found https://claimyr.com and used their service to get through to an IRS agent in under 15 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with confirmed exactly what the first commenter said - foreign taxes are claimed in the year actually paid under the cash method. Having that direct confirmation from the IRS gave me confidence to file correctly. They also explained that I needed to include a statement with my return explaining the dual-status situation, which saved me from a potential follow-up letter.
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Issac Nightingale
•How does this service actually work? Like do they just call the IRS for you? I find it hard to believe anyone can get through that quickly when I've been trying for weeks.
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Romeo Barrett
•Yeah right. The IRS phone lines are completely jammed. No way any service can get you through in 15 minutes when everyone else waits for hours. Sounds like a scam to me.
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Serene Snow
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Romeo Barrett
I have to apologize and eat my words about https://claimyr.com. After my skeptical comment, I was still desperate to talk to the IRS about my dual-status return questions, so I tried it anyway. No exaggeration - I was connected to an actual IRS representative in about 12 minutes. After spending literally weeks trying on my own and never getting through, it was shocking how quick it was. The agent helped clarify exactly how to handle my foreign tax credit timing issues and confirmed I was calculating my dual-status income correctly. The peace of mind from getting official IRS confirmation was absolutely worth it. I've already recommended it to two colleagues with international tax situations.
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Marina Hendrix
Don't forget to check if there's a US tax treaty with your country! I'm from the Netherlands and our tax treaty with the US has specific provisions about certain types of income. It might affect how you calculate your foreign tax credit. Also, I learned the hard way that you need to file Form 8833 if you're taking a position based on the tax treaty that's different from what the normal tax rules would require. My accountant missed this and we had to file an amended return.
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Alejandro Castro
•Thanks for mentioning the tax treaty! The UK does have one with the US, and I'll definitely look into how it might apply to my situation. Do you know if these treaty provisions typically affect dual-status years specifically, or are they more general?
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Marina Hendrix
•The treaties usually have specific articles that address different types of income, like employment income, investment income, rental income, etc., rather than addressing dual-status specifically. But they absolutely apply during your resident period. In my case, there were special provisions about pension contributions that gave me a bigger deduction than I would have had under standard US tax law. The treaty between the UK and US might have similar beneficial provisions for certain types of income or deductions. It's definitely worth reading through the relevant articles or having a tax pro who knows international issues review your situation.
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Justin Trejo
Just wanted to add that the formula you're using to calculate your US taxable UK income looks right, but make sure you're using the official IRS yearly average exchange rate, not just any exchange rate you find online. The IRS publishes these rates for each year and they're what you should use for consistency. Also, don't forget that as a dual-status alien, you can't take the standard deduction on your return - you're limited to itemizing only, and even then with some restrictions. And check out the special rules about filing a "dual-status statement" that explains your residency dates.
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Alana Willis
•I thought dual-status filers could take the full standard deduction if they're married filing jointly with a US citizen spouse and elect to be treated as a full-year resident? That's what I did last year.
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Justin Trejo
•You're absolutely right about the exception for married filing jointly. If you're married to a US citizen or resident and you both elect to treat the dual-status alien as a full-year US resident, then you can take the full standard deduction and basically file as if you were a resident for the entire year. But for the original poster who didn't mention a US spouse, the general rule applies - dual-status filers are limited to itemized deductions only, and they can't claim the standard deduction on either the 1040 or 1040-NR portions of their return.
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Dylan Campbell
This is exactly the kind of complex situation where getting professional help can save you tons of headaches and potentially money. I went through something similar when I moved from Canada to the US mid-year. One thing to double-check - make sure you're correctly determining your US tax residency start date. For green card holders, you become a US resident for tax purposes on the date you first become a lawful permanent resident (usually the date you enter the US with your immigrant visa or the date your status is adjusted if you were already in the US). This affects your pro-ration calculation. Also, keep detailed records of everything - dates of payments, exchange rates used, copies of all foreign tax documents. The IRS can be pretty thorough if they decide to examine a dual-status return, especially one with foreign tax credits. I learned this the hard way when they asked for documentation going back three years. Good luck with your first US tax return! It gets easier once you understand the system, but that first dual-status year is definitely a learning curve.
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Keisha Johnson
•Thanks for the reminder about the residency start date - that's actually something I wasn't 100% sure about. I entered the US with my immigrant visa in August, so I've been using that as my start date for the pro-ration. Good to know that's the right approach. Your point about keeping detailed records is well taken. I've been saving everything, but I'll make sure to organize it better in case of questions later. Did the IRS examination process take long when they reviewed your dual-status return? Just want to know what to potentially expect. The learning curve is definitely steep! Between figuring out dual-status rules, Form 1116, and all the exchange rate calculations, it feels like I need a PhD in tax law just to file my first return.
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