Vanessa A
Expert Alumni

Get your taxes done using TurboTax

Possibly.  You may be able to claim First Year Choice if you were present in the US for 31 days and present in the US for at least 75% of the days from the day you started counting the 31 days.  So, if you did not leave the country at all, then you would qualify for the First Year Choice.  If you did leave the country, then you would need to determine if you qualify based on the days you were present in the US.  

 

Page 11 of the US. Tax Guide for Aliens gives 2 examples on how to determine if you meet the 31 day requirement.

 

If you choose First Year Choice, you would need to pay Social Security and Medicare taxes for the period that you are being treated as a US Resident.  Also, all of your income from any source in the world would need to be included on your return that you earned or received during that period.

 

Electing First Year Choice would have you file as a Dual Status Alien.  You would need to file the 1040 form for the time you are treated as a US Resident Alien and then use Sprintax.com to file the 1040NR for the rest of the year that you are treated as a Non-Resident Alien. 

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