Tax filing for non resident alien and Fbar

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Hi forum members,

Somebody please help me.
I am on L2 EAD and travelled to India on Dec 2015. I went for my delivery and my initial plan was to return by July 2016.
I was working at that time as an employee on W2. My employer changed my status to 1099 misc and I continued to work from India. Things didn't work well with my Husbands h1b. His petition was not picked up in the lottery process. He has to travel back to India in dec 2016 as his current visa will expire by then. So considering our financial circumstances ( 2 kids ) and myself we decided that it's better to stay in India rather than traveling for 4-5 months stay in USA. I informed this to my employer and I worked in India till the time my husband was in USA. In January 2017 I received my 1099 misc and filed my taxes to IRS. The taxes were deducted from my American account. The whole period my amount was credited to my American account only. Just few days back somebody said that I should file taxes in India as well for 1099 misc. I wasn't aware of this neither my tax consultant informed this to me when I said I was working from India. Is this true? If so what should I do now as already my taxes were filed with IRS and I paid fat amount as tax in dollars. Somebody please let me know what needs to be done now. Thanks for reading

Also what is Fbar and how to file it?

[inadmissible]

If you qualify for the foreign earned income exclusion, amend your 2016 taxes appropriately to get a refund of the taxes overpaid

You need to file FBAR if your foreign financial accounts had an aggregate value of over $10,000 at any point in the tax year

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If you qualify for the foreign earned income exclusion, amend your 2016 taxes appropriately to get a refund of the taxes overpaid

You need to file FBAR if your foreign financial accounts had an aggregate value of over $10,000 at any point in the tax year

Thanks for replying. I understood that the FBAR should be filed. Can you please explain in detail how I can know if I qualify for Foreign earned income exclusion. Also what's the procedure for amending the taxes. Please let me know if I need to pay Indian taxes as well

[inadmissible]

If I was your tax return preparer, I would evaluate whether you meet the following tests, in order:

Are you a US tax resident in 2016? You may not be - since you're not not a green card holder and you may not meet the US physical presence test
Are you a bona fide resident of a foreign country for all of 2016? You might be - since you didn't have a home in the US and you lived abroad
Are you physically present abroad for a 330 days out of 365 days? You may have been - since you were abroad waiting for your husband to receive his H visa

If you are not a US tax resident, and all the work was done abroad, you not liable to any income or self-employment taxes
If you are a US tax resident who qualifies for the foreign earned income exclusion (either as a bona fide resident of a foreign country or based on the physical presence test) you can exclude US$100,800 of income from income taxes, but you will still be liable for self-employment taxes (social security & medicaid) on the full amount

You would amend your tax return by filing form 1040X

I can not speak to your Indian tax filing obligation as I am not an Indian tax professional. I imagine that that you will get some kind of credit for income taxes already paid to the United States

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If I was your tax return preparer, I would evaluate whether you meet the following tests, in order:

Are you a US tax resident in 2016? You may not be - since you're not not a green card holder and you may not meet the US physical presence test
Are you a bona fide resident of a foreign country for all of 2016? You might be - since you didn't have a home in the US and you lived abroad
Are you physically present abroad for a 330 days out of 365 days? You may have been - since you were abroad waiting for your husband to receive his H visa

If you are not a US tax resident, and all the work was done abroad, you not liable to any income or self-employment taxes
If you are a US tax resident who qualifies for the foreign earned income exclusion (either as a bona fide resident of a foreign country or based on the physical presence test) you can exclude US$100,800 of income from income taxes, but you will still be liable for self-employment taxes (social security & medicaid) on the full amount

You would amend your tax return by filing form 1040X

I can not speak to your Indian tax filing obligation as I am not an Indian tax professional. I imagine that that you will get some kind of credit for income taxes already paid to the United States

Thank you. I will check the above points with my tax consultant today and will let you guys know what's been decided