For people relocating from Austria to the United States

Moving to the US From Austria: Your First US Tax Year

Before your first US tax return after leaving Austria, three questions matter: when you became resident, whether the treaty makes you resident somewhere else, and what to report from Austria.

Substantial presenceGreen card testDual-status yearTie-breakerSocial security

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Quick answer

When does someone moving from Austria start paying US tax on worldwide income?

From the residency starting date: the first day in the US in a year you meet the substantial presence test, or the first day as a permanent resident under the green card test (IRS Pub 519). Before that you are a nonresident, so the first year is usually dual-status. If you are also resident in Austria, Article 4 (Resident) of the treaty decides which country you are resident in for treaty purposes.

Prepared by Illuminous Accounting · Sources checked November 11, 2026

At a glance

When you become US resident: Green card test or substantial presence test (Code section 7701(b))
First year: Usually dual-status: nonresident, then resident
Treaty tie-breaker: Article 4 (Resident)
Social security agreement: Yes, since November 1, 1991
Accounts in Austria: FBAR, Form 8938 and PFIC rules can apply once resident

The two US residency tests

Test	You are a US tax resident if	Source
Green card	You hold lawful permanent resident status at any time during the calendar year	Pub 519
Substantial presence	31 days this year and 183 weighted days over 3 years (all of this year, one third of last year, one sixth of the year before)	Pub 519

These come from Code section 7701(b). A work visa, a student visa or a move for family from Austria all go through the same two tests; some visa holders can exclude days. Try the calculator.

The residency starting date

Expect your first year to have two halves. Income from Austria before you became resident is generally outside US tax unless it is US-source; income after the residency starting date is taxed worldwide (IRS Pub 519). The starting date is your first day in the US in that year under the substantial presence test, or your first day as a permanent resident under the green card test. People who arrive near year end may be able to opt in early under the first-year choice. Getting the date right decides which Austrian salary, bonuses and investment income the IRS sees.

The treaty tie-breaker

Article 4 (Resident) of the treaty has the tie-breaker for someone resident in both countries: it looks first at where you have a permanent home available, then at the further tests the article lists, in the order it sets them.

Point	What it means
Who uses it	People resident in both Austria and the US under each country's own rules, typically in the year of the move
How it is claimed	Form 8833 with the US return, under Treas. Reg. section 301.7701(b)-7 (IRS)
Risk for green card holders	Long-term residents may be treated as expatriated under section 877A

Your accounts back home

Once you are a US resident, bank, pension and investment accounts you keep in Austria can bring the FBAR and Form 8938, and funds held there are often treated as PFICs (Form 8621, IRS). See FBAR and FATCA and Form 8938 for who files and the thresholds.

Treaty and law references

Treaty

The IRS lists the 1996 income tax treaty. General effective date (IRS Table 3): treaty Jan. 1, 1999 (IRS treaty documents for Austria; treaty text; IRS Table 3).
Residence and tie-breaker: Article 4 (Resident).
Saving clause: Article 1 (Personal Scope).
Article 18 (Pensions), pensions.
Article 22 (Relief from Double Taxation), relief from double taxation.
Article 15 (Dependent Personal Services), employment income.

US law

US residency tests and starting dates: Code section 7701(b) (IRS Pub 519).
Treaty residence for dual residents: Treas. Reg. section 301.7701(b)-7, Form 8833 and section 6114; long-term residents: section 877A (IRS Form 8833).
Social security agreements: SSA list.

The rules of Austria on leaving the country also apply; check them with a local adviser.

How we help

Gurleen Kaur, CPA licensed in British Columbia and Washington State, prepares the first-year dual-status return, treaty disclosures and the reporting for accounts left in Austria. Every engagement starts with a written quote after we review your dates and income. Also see Form 1040-NR.

Common questions

Am I a US tax resident in my first year after leaving Austria?

When you meet the green card test or the substantial presence test (31 days this year and 183 weighted days over three years). Your residency starting date is generally your first day in the US that year, or your first day as a permanent resident.

What if I am resident in both Austria and the US?

Article 4 (Resident) of the treaty breaks the tie, starting with where you have a permanent home. Claiming treaty residence in Austria on a US return needs Form 8833.

Do I report my accounts in Austria after moving to the US?

Once you are a US resident, yes: the FBAR when foreign accounts total more than US$10,000, Form 8938 above higher thresholds, and PFIC rules for many foreign funds.

Is there a US social security agreement with Austria?

Yes, in force since November 1, 1991.

Sources

Every rule and figure on this page links to the IRS, CRA or other official source it comes from. Amounts change; we re-check them before each engagement.

Gurleen Kaur, CPA licensed in British Columbia and Washington State. Last updated November 11, 2026. This page is general information, not tax or legal advice for your situation.

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