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Dylan Lambert
Jan 27, 2022
Foreign Earned Income Inclusion
Hello I have some questions on the Foreign Earned Income Inclusion? I got married to a US citizen in May 2021 and filed family-based AOS. I came to the states in March 2021 with K1 but I have been remotely working for a UK company, and they have no US presence. My income is being deposited in my UK bank account from Jan to Nov 2021. I received my EAD in Oct 2021 and I’ve quit my UK job and started to do freelancing job in the US since Dec 2021. Can I get Foreign Earned Income Inclusion for the time I worked for my UK company? I will pay UK for the taxes but does IRS charge me also? Should I also file as a non-resident alien for 2021 tax year for the IRS while I’m on AOS? #IRS
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S BJan 27, 2022
You will need to pay US taxes on the Uk income if you meet the physical presence test. taxes in the US are not dependant on visa type in this situation, but on how May days you are here in the year. you can go to the irs website and look up this to determine if you meet the presence criteria for number of days.
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canda JuneJan 27, 2022
You will have to file your US taxes for 2021 since you were a resident and have been over 183 days in the US in 2021. What you are also allowed to do is claim foreign tax credit on your US return for paying taxes in the UK.
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nuni nunitaMar 11, 2022
hi Dylan! what did you do? i’m in the same situation

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