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We moved to the US in August 2016 and filed form 1040 NR for the 2016 tax year. Are we meant to use this form again for the 2017 tax year? My husband is on an L1B visa.
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PopeyeTheSaliorAnswer
Level 13
June 1, 2019
Not really. In fact, if you meet the Substantial Presence Test SPT during 2017, you are considered as a US resident for tax purposes and be able to file a Form 1040. You will add up all your days during the 2016 and 2017 ( All current days in 2017 + 1/3 of days in 2016) and verify with the SPT.
