# US residency certificate for Italian researchers



## zippola (Apr 2, 2020)

Hi community,

help needed! I worked and lived in the States for two years and filed for the first year a form 1040NR-EZ (nor resident) and for the second year a form 1040. For both years I was exempt for federal taxes according to a tax treaty Italy-USA for researchers (art.20). Now, for those years I was also considered resident in Italy, but taxation in Italy for that stipend would be 38% of the income, while in the States would have been just the 10%. 
So I want to claim my residency in US for those years but I read that I am not eligible for a residency certificate in the US if I filed a 1040NR-EZ tax return. But I was leaving and working in the States, and I paid state and city taxes there. Is there a way to overcome this
issue?


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## NickZ (Jun 26, 2009)

Did you register with the AIRE while you were in the US? If not Italy might not accept you weren't Italian resident.

The other thing depending on where you worked you might have state and even local income tax.


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## zippola (Apr 2, 2020)

NickZ said:


> Did you register with the AIRE while you were in the US? If not Italy might not accept you weren't Italian resident.
> 
> The other thing depending on where you worked you might have state and even local income tax.


I did not register to AIRE and that's why I need a US residency certificate, to claim my residency in US according to the tie break rules (since I was living and working in the States) that being an international rule bypass the internal (Italian) rule (AIRE requirement).


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## NickZ (Jun 26, 2009)

Bumping this because I'm bored and curious.

Does the US even have a residency document?


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## Bevdeforges (Nov 16, 2007)

NickZ said:


> Bumping this because I'm bored and curious.
> 
> Does the US even have a residency document?


That's what the lockdown does to/for you. I'm not aware of any sort of residence document for the US. And the kicker is that even if you do file US tax returns, you never get any sort of receipt or acknowledgment of the filing.

Only thing I can think of would be something from your employer - maybe a copy of your work contract or your W2 form showing taxes withheld.


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## Moulard (Feb 3, 2017)

Bevdeforges said:


> Only thing I can think of would be something from your employer - maybe a copy of your work contract or your W2 form showing taxes withheld.


Or you can ask for certification from the IRS .. because .. what is life without forms...

https://www.irs.gov/individuals/int...rtification-additional-certification-requests


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