JamesG1
Expert Alumni

Deductions & credits

A resident alien will file an IRS form 1040 tax return.  TurboTax will assist you in filing an IRs form 1040 tax return.  What tax credit do you think that you would qualify for?

 

A nonresident alien will file an IRS form 1040NR  tax return.  Sprintax may be able to assist you in filing an IRS form 1040NR.

 

The IRS uses two tests:

 

  1. the green card test and 
  2. the substantial presence test

for assessing your alien status. If you satisfy the requirements of either one, you are considered a resident alien for income tax purposes; otherwise, you are treated as a non-resident alien.

 

If you are an alien with a green card, meaning the U.S. Citizenship and Immigration Service allows you to reside in the country legally, you are a resident alien. 

 

However, if you do not have a green card and spend at least 31 days in the U.S. during the current tax year and a total of 183 days during the last three tax years (inclusive of the current tax year), you will usually satisfy the physical presence test and are also treated as a resident alien.

 

You may be an "exempt individual" for purposes of the substantial presence test.

 

An “exempt individual” for purposes of this test may be:

 

  • A teacher or trainee temporarily present in the United States under a “J” or “Q” visa, who substantially complies with the requirements of the visa.
  • A student temporarily present in the United States under an “F,” “J,” “M,” or “Q” visa, who substantially complies with the requirements of the visa.

This is a complex portion of tax law.  See also this TurboTax Help.

 

@millshah01 

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