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Aurora Lacasse

How to fill out Schedule OI for dual-status alien tax return with 1040NR

Hi everyone! I'm struggling with my dual-status alien tax filing and specifically with Schedule OI. When filing a dual-status return (using 1040NR for the non-resident portion), I'm confused about how to answer the tax residency question on Schedule OI that asks: "List the foreign country in which you claimed residence for federal tax purposes during the tax year." Should I list both "US, CANADA" (since the question asks about the entire tax year and I was a resident of both), or just "CANADA" (since Form 1040NR is specifically for the non-resident portion of my tax year)? This is my first time dealing with dual-status filing and I really don't want to mess it up. The IRS instructions aren't super clear on this specific question. Would really appreciate any advice from someone who's dealt with Schedule OI and dual-status returns before!

For a dual-status alien filing Form 1040NR with Schedule OI, you should only list the foreign country where you claimed tax residency for the non-resident portion of the year. The question on Schedule OI is specifically asking about your foreign tax residency claim, not your US residency status. Since Form 1040NR covers the non-resident period of your tax year, you would only list "CANADA" (or whatever your foreign country is) on Schedule OI. The IRS already knows about your US residency from your dual-status return declaration, so you don't need to list "US" on the Schedule OI. Make sure you're properly documenting the exact dates of your residency change in your dual-status statement that should accompany your return. That clarifies when you became a US resident or ceased being one during the tax year.

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Thanks for the explanation! So even though the Schedule OI question says "during the tax year" (implying the whole year), I should just focus on my non-resident period since that's what 1040NR is for. That makes sense! For the dual-status statement, do I just write a simple letter stating the exact date I became a US resident, or is there a specific format I need to follow?

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You're exactly right - even though the question says "during the tax year," the context is Form 1040NR which is specifically addressing your non-resident status period. For your dual-status statement, there's no specific IRS form. Create a simple statement that clearly identifies your name, SSN or ITIN, the exact date your residency status changed, and which forms you're submitting (1040 for resident portion and 1040NR for non-resident portion). Attach this statement to the front of your return. Make sure to clearly label it "DUAL-STATUS STATEMENT" at the top.

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I went through this exact situation last year and was pulling my hair out trying to figure it out! I eventually found https://taxr.ai which literally saved my dual-status filing. I uploaded my immigration documents and previous returns, and it identified exactly how to fill out Schedule OI correctly. For my situation (moved from Australia to US mid-year), it advised me to ONLY list "Australia" on Schedule OI since the 1040NR form is specifically for the non-resident portion. The system explained that listing both countries would create confusion since Schedule OI is specifically asking about foreign tax residency claims. Their document analysis also caught an issue with my substantial presence calculation that would have caused problems later. Definitely worth checking out if you're dealing with complex international tax situations.

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How exactly does this taxr thing work? Do you upload all your personal documents to some random website? That sounds kinda sketchy tbh. Did you have to pay for it?

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I'm curious - did it also help with determining which income goes on which form? That's what I struggled with most on my dual-status return. I had income from both countries and figuring out what went where was a nightmare.

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It's actually pretty straightforward - you upload tax documents (like previous returns, W-2s, 1099s) and any supporting documents (visa paperwork, travel records, etc). Their system uses AI to analyze the documents and provide specific guidance for your situation. All uploads are encrypted and they delete them after analysis. The best part about taxr.ai for dual-status returns was that it clearly separated which income needed to be reported on which form. It analyzed my Australian income statements and US W-2s, then created a clear breakdown of what belonged on 1040 vs 1040NR. It also identified specific deductions I qualified for in each status period, which my regular tax software completely missed.

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Just wanted to update that I tried taxr.ai after seeing it mentioned here. Super helpful for my dual-status nightmare! I uploaded my visa documents, travel history, and income statements from both countries. The analysis confirmed I should only list my home country (Japan) on Schedule OI, not both Japan and US. But the real value came from how it sorted my income sources between the two returns - it caught that I needed to report my foreign investment income differently during my resident vs. non-resident periods. My regular tax software completely missed this! It also explained exactly how to handle tax treaty benefits during my dual-status period, which saved me over $3,000. Definitely recommend if you're dealing with international tax complexities.

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I had to file dual-status returns for the past 3 years and trying to get answers from the IRS was impossible - was on hold for HOURS multiple times and never got through. I finally found https://claimyr.com which got me connected to an actual IRS representative in about 15 minutes! You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent confirmed that for Schedule OI on Form 1040NR, you only list the foreign country where you claimed tax residency during the non-resident portion of the year. She explained that since the 1040NR only covers your non-resident period, the Schedule OI question is specifically about that period, even though it asks about "during the tax year." Seriously, trying to get through to the IRS directly was such a waste of time before using this service.

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How does this Claimyr thing actually work? Does it really get you through to the IRS faster? The IRS phone system is notoriously terrible.

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Sounds too good to be true honestly. I've tried calling the IRS dozens of times about my dual-status issues and always end up in hold hell. No way something can magically get you through when millions of others are calling.

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It basically navigates the IRS phone system for you. Once it gets through their phone maze, it calls you to connect with the IRS agent. No more waiting on hold for hours. They have some tech that keeps your place in line without you having to stay on the phone. When they finally reach an actual human at the IRS, that's when your phone rings to connect you. It's not magic - just smart use of technology to deal with the terrible IRS phone system. I was skeptical too until I tried it and got connected to an actual IRS international tax specialist in about 15 minutes after weeks of failed attempts.

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I take back what I said about Claimyr. I was extremely skeptical but tried it yesterday out of desperation for my dual-status alien question. Was connected to an IRS agent in about 20 minutes after spending WEEKS trying to get through on my own. The IRS agent confirmed that for Schedule OI, you should ONLY list your foreign country of residence (not both US and foreign) since the 1040NR only covers your non-resident period. She also explained that I needed to attach a statement clearly indicating the exact date my residency status changed. What really helped was being connected to someone in the international tax department who actually understood dual-status returns. Previous times I managed to get through, I got representatives who weren't familiar with these complex situations. This saved me hours of frustration!

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Something important that hasn't been mentioned yet: If you're using tax software for your dual-status return, be very careful! Most mainstream tax software doesn't handle dual-status returns well. For my dual-status year, TurboTax completely messed up my Schedule OI and tried to list both countries. I had to abandon the software and prepare the return manually. For Schedule OI specifically, only list your foreign country (not the US) since Form 1040NR is specifically for the non-resident portion of your tax year. Also remember that with dual-status, you generally can't file jointly with a spouse, can't claim the standard deduction on your 1040NR (only on the 1040 portion if applicable), and have special rules for exemptions. It's honestly worth consulting a tax professional who specializes in international taxation.

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Which tax software would you recommend for dual-status returns? I started with TurboTax but got confused when I reached the international sections. Is there something better for expat/immigrant situations?

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Unfortunately, none of the mainstream consumer tax software handles dual-status returns properly. Even the ones that claim to support "international" situations typically don't properly support the dual-status scenario with two partial-year returns. Your best options are either: 1) Use a tax professional who specializes in international/expatriate taxes - expensive but worth it for complex situations, 2) Prepare the forms manually using the IRS instructions and publications, or 3) Use software just to calculate the numbers but expect to make manual adjustments and complete certain forms (like Schedule OI) by hand. For international situations, I've heard Sprintax is better than the mainstream options, but even they have limitations with dual-status. The reality is that dual-status returns represent a small market segment, so most software companies don't fully support all the complexities.

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One more thing to consider for your Schedule OI question: your answer should align with any tax treaties that might apply between the US and your home country. Some treaties have specific provisions for dual-status taxpayers. For example, if you're claiming any treaty benefits on your return, your declared residency on Schedule OI becomes even more important as it establishes which treaty benefits you can claim. This is especially relevant if you have income types specifically covered by treaties (like certain investment income, pensions, etc.).

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I thought tax treaties don't apply to US citizens, only to foreign nationals? This stuff is so confusing.

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Just wanted to add my experience as someone who went through this exact situation last year. For Schedule OI on your 1040NR, you should definitely only list your foreign country (Canada in your case), not both countries. The form is specifically asking about your foreign tax residency claim during the period covered by the 1040NR. What really helped me was understanding that even though you're a dual-status alien for the entire tax year, each form (1040 and 1040NR) covers a specific period. The Schedule OI attached to your 1040NR only relates to the non-resident portion of your year, so you're only declaring your foreign residency for that period. Also, make sure you're consistent across all your forms - if you claim Canadian residency on Schedule OI, that should align with any treaty benefits you might be claiming and your dual-status statement. The IRS looks for consistency across all these documents. One tip: keep detailed records of your exact residency change date and any supporting documentation (visa approvals, entry/exit stamps, etc.) in case the IRS has questions later. Dual-status returns do get more scrutiny than typical returns.

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This is really helpful! I'm dealing with a similar situation and the consistency point you mentioned is crucial. I've been worried about making sure everything aligns properly across all the forms. Quick question - when you mention keeping records of the exact residency change date, did you have any issues if your substantial presence test date and your actual immigration status change date were different? I'm trying to figure out which date to use as my "official" residency change date for the dual-status statement. Also, did you end up needing to file any additional forms beyond the standard 1040/1040NR combo? I keep reading about Form 8833 for treaty positions but I'm not sure if that applies to my situation.

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Great question about the dates! I actually had this exact issue - my substantial presence test date and immigration status change date were about 6 weeks apart. After consulting with a tax professional, I used the substantial presence test date as my official residency change date for the dual-status statement, since that's what determines your tax residency status for IRS purposes. The key is that your tax residency change date might be different from your immigration status change date. For tax purposes, you become a resident when you meet the substantial presence test or have a green card, not necessarily when your visa status changes. Regarding Form 8833 - you only need to file this if you're taking a treaty position that would otherwise be reportable. For example, if you're claiming treaty benefits that reduce your tax below what it would be under normal US tax rules, or if you're claiming treaty benefits for income types that would normally be taxable. If you're just filing a standard dual-status return without claiming specific treaty benefits, you likely don't need Form 8833. The most important thing is being consistent across all forms with whichever date you choose as your tax residency change date.

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I just went through this exact same situation a few months ago and can confirm what others have said - you should only list "CANADA" on Schedule OI, not both countries. The key insight that helped me was realizing that even though the question asks about "during the tax year," it's specifically in the context of Form 1040NR which only covers your non-resident period. One thing I'd add that hasn't been mentioned yet - make sure you're also consistent with how you handle your Canadian tax obligations during that period. If you're claiming Canadian residency on Schedule OI, you'll likely need to file a Canadian tax return as well and potentially deal with foreign tax credits to avoid double taxation. Also, when you prepare your dual-status statement, be very specific about the exact date your status changed. I used the date I met the substantial presence test, and included a brief calculation showing how I arrived at that date. The IRS appreciates documentation that shows you've done your homework on the residency determination. Good luck with your filing - dual-status returns are definitely tricky the first time, but once you understand the logic behind separating the two periods, it becomes much clearer!

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Thank you for sharing your experience! The point about Canadian tax obligations is really important and something I hadn't fully considered. Since I'll be claiming Canadian residency on Schedule OI for the non-resident period, I assume I'll need to file as a Canadian resident for that same period on my Canadian return? Also, when you mention foreign tax credits to avoid double taxation - did you claim these on your US return, Canadian return, or both? I'm trying to understand how to handle income that might be taxed by both countries during my dual-status year. The substantial presence test calculation is definitely something I need to document better. Did you include the actual calculation in your dual-status statement, or just reference that you used that date?

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Great points about the Canadian tax obligations! Yes, you'll generally need to file as a Canadian resident for the period you're claiming Canadian residency on Schedule OI. The key is maintaining consistency between your US and Canadian filings. For foreign tax credits, it depends on which country has primary taxing rights for each type of income under the tax treaty. Generally, you'd pay tax to the country with primary rights, then claim a foreign tax credit on the other country's return. For employment income, it's usually based on where you physically worked. For investment income, it can be more complex. Regarding the substantial presence test calculation - I included a brief summary in my dual-status statement showing the key dates and total days, but not the full day-by-day calculation. Something like: "Substantial presence test met on [date] based on X days in current year, Y days in prior year (weighted), Z days in year before (weighted) = total of ABC days." Keep the detailed calculation in your records in case the IRS requests it later. The Canada-US tax treaty has specific tie-breaker rules for dual residents, so you might want to review Article IV of the treaty to make sure you're applying the residency determination correctly for both countries.

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Amina Bah

This is such a helpful thread! I'm in a similar dual-status situation (moved from UK to US mid-2024) and was getting completely different advice from different sources. The consensus here about only listing your foreign country (Canada) on Schedule OI makes total sense now - the form is specifically asking about your foreign tax residency claim for the period covered by 1040NR, not your entire tax year status. What I found most valuable in this discussion is the emphasis on consistency across all forms and the importance of proper documentation. I've been keeping detailed records of my entry dates and visa timeline, but I hadn't thought about including a summary of my substantial presence test calculation in the dual-status statement. One follow-up question for the group - has anyone dealt with state tax implications for dual-status returns? I'm wondering if state residency determination follows the same logic as federal, or if there are additional complications when you've moved between states and countries in the same tax year. Thanks to everyone who shared their experiences - this thread probably saved me from making some costly mistakes!

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