Resident Alien but outside of US most of 2020 because of Covid-19

viraj · ‎February 24, 2021

Hi,

I have been a resident alien for the US for tax purposes between 2016-2019. In 2020, I was in the US only for 15 days and have been in India for most of 2020 because of Covid-19 and working from home for a US company. (Paid federal and state taxes from my paycheck)

Clearly, I do not meet the substantial presence test so what category do I fall into for 2020 for tax purposes?

Resident alien or non-resident alien.

DanaB27 · ‎February 24, 2021

If you do not meet either the green card test or the substantial presence test for the calendar year then you will ne a nonresident for tax purposes and you will have to file a 1040NR. Please visit the TurboTax/Sprintax site to file your 1040NR since TurboTax does not support Form 1040NR.

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viraj · ‎February 28, 2021

Thank you for the answer. Is this still the case considering Covid 19 or are there any exceptions?

DanaB27 · ‎February 28, 2021

Yes, it is still the case in your situation. There are only exceptions for non-residents that can't leave the US because of COVID. They can use the COVID-19 Medical Condition Travel Exception to avoid meeting the substantial presence test and avoid becoming a resident for tax purposes.

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Resident Alien but outside of US most of 2020 because of Covid-19

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