For people relocating from India to the United States

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

Moving from India to the US changes your tax position in stages. This guide covers when US residency starts, the dual-status first year, the treaty tie-breaker and what happens to accounts you keep in India.

Substantial presenceGreen card testDual-status yearTie-breakerSocial security

Quick answer

When does someone moving from India 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 India, Article 4 (Residence) 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 (Residence)
Social security agreement
None on the SSA list
Accounts in India
FBAR, Form 8938 and PFIC rules can apply once resident

The two US residency tests

TestYou are a US tax resident ifSource
Green cardYou hold lawful permanent resident status at any time during the calendar yearPub 519
Substantial presence31 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 India all go through the same two tests; some visa holders can exclude days. Try the calculator.

The treaty tie-breaker

Article 4 (Residence) 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.

PointWhat it means
Who uses itPeople resident in both India and the US under each country's own rules, typically in the year of the move
How it is claimedForm 8833 with the US return, under Treas. Reg. section 301.7701(b)-7 (IRS)
Risk for green card holdersLong-term residents may be treated as expatriated under section 877A

The first US return after India

The first US return after leaving India is rarely a normal one.

SituationWhat applies
Arrived mid-year and passed a testDual-status year: nonresident before the residency starting date, resident after it
Arrived late and passed neither testNonresident for the year, unless the first-year choice applies (31 consecutive days and 75% presence, plus the substantial presence test next year)
Married to someone still in IndiaSpecial rules let some couples choose to file as residents for the whole year

Source: IRS Pub 519. See also first-year green card tax.

Your accounts back home

Once you are a US resident, bank, pension and investment accounts you keep in India 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.

Pensions and social security from India

There is no US social security agreement with India on the SSA list (SSA), so work in the US is covered by US social security and work credits from India do not combine with US ones. Pensions you bring from India are dealt with in Article 19 (Remuneration and Pensions in Respect of Government Service) and Article 20 (Private Pensions, Annuities, Alimony and Child Support) of the treaty.

Treaty and law references

Treaty

  • The IRS lists the 1989 income tax treaty, signed September 12, 1989. General effective date (IRS Table 3): treaty Jan. 1, 1991 (IRS treaty documents for India; treaty text; IRS Table 3).
  • Residence and tie-breaker: Article 4 (Residence).
  • Article 19 (Remuneration and Pensions in Respect of Government Service) and Article 20 (Private Pensions, Annuities, Alimony and Child Support), pensions.
  • Article 25 (Relief From Double Taxation), relief from double taxation.
  • Article 16 (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 India 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 India. Every engagement starts with a written quote after we review your dates and income. Also see Form 1040-NR.

Common questions

When do I become a US tax resident after moving from India?

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 India and the US?

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

Do I report my accounts in India 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 India?

No, India is not on the SSA list of agreement countries.

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.

Related guides: First-year green card tax, Substantial presence calculator, FBAR and FATCA.

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