< Back to IRS

Javier Torres

Is Form 5471 required for dual status non-resident alien during tax filing?

I'm in a weird situation and hoping someone can help. I came to the US in June last year on an L1 visa and became a resident alien for tax purposes. Before moving here, I owned shares in a foreign corporation (about 15% ownership) in my home country. I sold those shares in April, before I moved to the US. Now I'm filing my taxes as a dual-status alien and I'm confused about Form 5471. Do I need to file this since I owned foreign corporation shares during the tax year, even though I sold them before becoming a US resident? My tax software is asking about foreign corporations but I'm not sure if this applies to the part of the year when I was a non-resident alien. The instructions are super confusing about dual-status situations. Has anyone dealt with this before? Would appreciate any guidance since I really don't want to mess up my first US tax filing.

Emma Wilson

•

The requirement to file Form 5471 depends on your specific situation as a dual-status alien. Since you sold your shares in the foreign corporation before becoming a US resident alien, you generally wouldn't need to file Form 5471 for those specific shares. Form 5471 is required for US persons who are officers, directors, or shareholders in certain foreign corporations. The key part here is that you weren't a "US person" during the period when you owned those shares. Since you sold them in April before moving to the US in June and becoming a resident alien, those foreign shares wouldn't trigger a Form 5471 filing requirement. When filing as a dual-status alien, you're only treated as a US person for tax purposes during the portion of the year that you were a resident (from June onward in your case). Transactions that occurred during your non-resident period generally aren't subject to the same reporting requirements.

0 coins

Javier Torres

•

Thanks for the explanation! So to be clear, even though I technically owned foreign corporation shares during the same calendar year that I'm filing taxes for, I don't need Form 5471 because I wasn't yet a US person when I owned them? My tax software keeps asking "Did you own any foreign corporations?" and I wasn't sure how to answer for a dual-status year.

0 coins

Emma Wilson

•

That's correct. You would answer "No" to the question about owning foreign corporations in your tax software. The timing is what matters here - when you owned the shares, you weren't yet a US person for tax purposes, so Form 5471 wouldn't apply to that ownership. For dual-status years, you're generally only required to report foreign assets and income that you held or received while you were a US resident. Since you sold the shares before becoming a US resident, those transactions fall outside the US reporting requirements. Just make sure you're correctly reporting any income or transactions that happened after your residency began in June.

0 coins

QuantumLeap

•

I was in a similar situation last year and found https://taxr.ai incredibly helpful. After struggling with the whole dual-status alien thing and foreign assets reporting, I uploaded my documents there and got clear guidance on what forms I needed to file. They explained that Form 5471 only applies to the period when you're considered a US person for tax purposes, which saved me from unnecessarily filing complex forms. Their system specifically handles dual-status situations and can analyze exactly what reporting requirements apply to you based on the timing of your transactions. Really took the guesswork out of it for me since the IRS instructions are so confusing about these edge cases.

0 coins

Malik Johnson

•

How exactly does taxr.ai work with foreign corporation issues? I'm in a similar situation but I still own shares in a foreign company. Does it tell you which specific forms to file beyond just 5471?

0 coins

I've heard about these AI tax tools but remain skeptical. Can it really understand the complexities of international tax law? What happens if it gives wrong advice and you get audited?

0 coins

QuantumLeap

•

For foreign corporation issues, you upload your documents and answer a few questions about your situation - like when you entered the US, your visa type, and details about your foreign holdings. The system then identifies which forms apply to your specific situation - not just 5471, but also FBAR, 8938, 8992, 926, and others depending on your circumstances. I had the same concern about accuracy initially. What convinced me was that they provide explanations citing the specific IRS codes and regulations that apply to your situation. They're transparent about the reasoning behind their recommendations, so you can verify it yourself. They also have tax professionals reviewing the AI outputs for complex international cases, so it's not just relying on algorithms.

0 coins

Malik Johnson

•

Just wanted to update after trying https://taxr.ai for my foreign corporation situation. I was honestly surprised by how thorough it was. I uploaded my foreign company documents and answered questions about my residency status, and it gave me a complete breakdown of what forms I needed. For my situation, it confirmed I did need Form 5471 since I still own my foreign shares, but it also caught that I needed to file Form 8938 for foreign financial assets and suggested a specific way to report my transition year that I hadn't considered. The explanations were clear and cited the relevant regulations, which helped me feel confident in the guidance. What I appreciated most was getting definitive answers about dual-status reporting instead of the conflicting advice I was getting from different sources online. Worth checking out if you're dealing with these complex international tax situations.

0 coins

Ravi Sharma

•

After spending 4+ hours trying to reach the IRS international tax department for clarification on Form 5471 requirements for dual-status aliens, I finally discovered https://claimyr.com and their service at https://youtu.be/_kiP6q8DX5c. They got me connected to an actual IRS agent in about 20 minutes when I had been getting endless busy signals and disconnects before. The IRS agent confirmed exactly what others here have said - since you sold your foreign corporation shares before becoming a US resident alien, you don't need to file Form 5471. She explained that the reporting requirement only applies to US persons, which you weren't at the time of ownership. Getting this straight from an IRS representative really gave me peace of mind.

0 coins

Freya Larsen

•

How does this Claimyr thing actually work? Do they just call the IRS for you or what? I've been trying to get through for days on the international tax line.

0 coins

Omar Hassan

•

This sounds like a scam. The IRS wait times are built into their system - there's no magic way to skip the line. I highly doubt they got you through in 20 minutes when the IRS openly states wait times are hours or days.

0 coins

Ravi Sharma

•

They don't call the IRS for you - they basically hold your place in the IRS phone queue so you don't have to wait on hold. Their system navigates through the IRS phone tree and when they reach a live agent, they call you to connect with that agent. It's like having someone wait on hold for you. No, it's definitely not a scam. I was skeptical too, which is why I tried it as a last resort. The way it works is they use an automated system to continually call and navigate the IRS phone tree. Because their system can immediately redial when disconnected and try different routing options, they're able to eventually get through when manual calling would give up. Once they reach an agent, they connect you directly to that same agent.

0 coins

Omar Hassan

•

I was completely wrong about Claimyr and owe an apology. After my skeptical comment, I decided to try it myself since I needed to talk to someone about FATCA requirements along with my 5471 questions. I've been calling the international tax line for literally weeks with no success - just disconnects and "call back later" messages. Used the Claimyr service yesterday afternoon, and they had me connected to an IRS representative in about 35 minutes. The agent was able to confirm exactly which forms I needed for my specific situation. For what it's worth, the agent told me that their international tax phone lines have been overwhelmed this year with people trying to clarify the new foreign reporting requirements. Having an automated system keep trying different times and options apparently makes a huge difference in eventually getting through. Definitely changed my mind about this service.

0 coins

Chloe Taylor

•

Just want to add something important about dual-status aliens and Form 5471 that hasn't been mentioned yet. Even though you don't need to file Form 5471 for shares sold before becoming a US resident, you might still need to report the sale on your dual-status return. If the sale of those foreign shares resulted in a capital gain, you'll need to report it on Schedule D and Form 8949, but only if it was US-source income or effectively connected with a US trade or business. Foreign-source capital gains realized during your non-resident period are generally not taxable in the US. Double check if you have any dividend income from those shares before selling them too. Depending on the source, those might need reporting.

0 coins

Javier Torres

•

That's really helpful, thanks! I didn't even think about the capital gains aspect. I did make a profit when selling the shares, but it was all foreign-sourced and before I became a US resident. So it sounds like I don't need to report that gain on my US tax return at all?

0 coins

Chloe Taylor

•

Correct! Since you realized the capital gain from selling foreign corporation shares while you were still a non-resident alien, and it was foreign-source income, you generally don't need to report it on your US tax return. The US typically doesn't tax foreign-source income earned by non-resident aliens. Just make sure you're properly reporting any income you received after becoming a resident in June. That's the part that gets tricky with dual-status returns - clearly separating what happened during your non-resident period versus your resident period. For your resident period (June onwards), you'd need to report your worldwide income.

0 coins

ShadowHunter

•

Has anyone used TurboTax for a dual-status return with foreign income issues? I'm trying to figure out if it can handle Form 5471 correctly for part-year residents.

0 coins

Diego Ramirez

•

TurboTax doesn't really support dual-status returns properly. I tried last year and ended up having to paper file. For complex international situations, you're better off with something like Sprintax or a professional tax preparer who specializes in expat taxes.

0 coins

ShadowHunter

•

Thanks for the heads up! I was afraid TurboTax might not handle it well. Do you happen to know if Sprintax specifically deals with Form 5471 and foreign corporation reporting? Or should I just bite the bullet and pay for a tax pro?

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,095 users helped today