# Tax Liability and Refund on Leacing USA



## rehema (Jul 12, 2009)

Hi

I am on a H1B visa. I have been in the USA for 4.5 years and am about to leave the permanently country, either to go to the UK, Kenya or Tanzania.

Based on my presence for the last three years I meet the substantial presence test.

I will continue working for my US based company but will give up my H1B visa.

My wife had an H4 visa. In 2008 and 2007 we filed jointly.

Will I be liable for any US taxes for 2009 after I depart from USA?

What elections can I make to influence the tax I pay for 2009.


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## Bevdeforges (Nov 16, 2007)

Go to the IRS website and download their publication 519 http://www.irs.gov/pub/irs-pdf/p519.pdf - Chapter 6 "Dual-status tax year" is the part you're looking for.

From a quick skim of the section, it appears you will not be able to file jointly with your wife - but, if she has been on a H4 (I'm assuming that's a dependent visa), she won't have any US income to declare for the filing anyhow.

There is also something called a "sailing permit" you should look into. Departing Alien Clearance (Sailing Permit) There are a bunch of categories of visa holders who don't need one - but if you aren't exempted, you need to request your sailing permit before you leave.
Cheers,
Bev


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## twostep (Apr 3, 2008)

Can you please explain what this means? Thank you.

Based on my presence for the last three years I meet the substantial presence test.


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