pk
Level 15
Level 15

Deductions & credits

@Melia003 , see the paragraph above that talks about "if you meet both the Green Card and  SPT---" . This implies that if you meet the SPT, then your year ( for resident for the year ) starts from the first day of your presence in the USA .   In your case because you visited the USA  prior to your entry with a work visa , I would contend:

1. your actual  date of becoming a resident for tax purposes would  just move i.e.  say you came on visitor for tow days in Feb1st.  and came back with work visa on March 31st then  your computation for SPT would include  the two days prior to admission with work visa -- ONLY for SPT purposes.

2.Textually correct procedure would be to file a Non-Resident return on form 1040-NR ( not supported by  TurboTax ) covering the period before becoming a resident for the year and a form 1040 ( supported by TurboTax ) for the rest of the year on your world income.

3. However, in my opinion, you can file for the whole year as a resident, paying taxes on the world income but starting residency from the date of admission .  This also meets the word for word  contention of the document that I quoted above.   To bolster your position you could send in a note ( thus having to file by mail )  requesting to be treated as a resident for the whole year.  In your particular case because the front-end is so short, perhaps it is easier to just file form 1040, assuming that you did not have any foreign income during the period till you passed the SPT.

 

Does this help ?

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