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Level 2
June 3, 2019
Solved

I am a foreigner who has lived in the states since 2013. Am I considered a resident alien and eligible to use turbotax?

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    pk_Answer
    Level 15
    June 3, 2019

    your five year exemption  from days presenting counting would have expired in 2017. So for 2018 you would dual status --- till you reached the 183 days to pass the substantial presence test, you would be a non-resident alien  and thereafter you would be a  resident-alien for tax purposes.  Thus you would require a 1040 filing and attach a 1040-NR for the first half of the year. Note that while you are a Non-resident alien, US will tax you only on US sourced income and thereafter ( i.e. as a resident alien for tax purposes) you would be taxed on your world income-- and eligible for any taxes paid to another administration/country on income form  that source.  

    For the 2018, you can also request ( a note signed and dated  )  to be  treated as a  resident-for tax purposes for the whole year and thus file only a 1040. This of course would mean that you would have to paperfile.

    Does this help ?

    8 replies

    Alumni - Intuit
    June 3, 2019
    What visa type have you had since 2013?  Are you a student?
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    Level 2
    June 3, 2019
    F1 visa. Yes, I was an undergrad and am currently a graduate student.
    Alumni - Intuit
    June 3, 2019
    What day in 2013 did you enter the US with an F-1 visa?
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    Level 2
    June 3, 2019
    It was 12th of Aug in 2013.
    pk_Level 15Answer
    Level 15
    June 3, 2019

    your five year exemption  from days presenting counting would have expired in 2017. So for 2018 you would dual status --- till you reached the 183 days to pass the substantial presence test, you would be a non-resident alien  and thereafter you would be a  resident-alien for tax purposes.  Thus you would require a 1040 filing and attach a 1040-NR for the first half of the year. Note that while you are a Non-resident alien, US will tax you only on US sourced income and thereafter ( i.e. as a resident alien for tax purposes) you would be taxed on your world income-- and eligible for any taxes paid to another administration/country on income form  that source.  

    For the 2018, you can also request ( a note signed and dated  )  to be  treated as a  resident-for tax purposes for the whole year and thus file only a 1040. This of course would mean that you would have to paperfile.

    Does this help ?

    Level 2
    June 3, 2019
    Thanks for the answer! Does that mean I would not be able to use turbo tax for doing my tax?