What if I arrived to the US in august 2024 and only worked for 3 months in 2024? Do I have to file a tax return?

Forum|Forum|1 year ago
February 15, 2025
1 reply
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I'm not a US citizen but I have SSN and work permit since Sep 2024

pk_

Level 15

@mdhhtax

Generally , even if you have not passed the SPT ( Substantial Presence Test ), you are still taxed on your US sourced income.

If you are NRA , then you file form 1040-NR ( Not Supported by TurboTax). This supported by SprinTax, Tax professionals and many schools with large international population ( students / teachers / researchers etc. )

Which country are you from ? What type of visa do you have ? When did you enter the country with this visa ? Were you here at any time within the last three years ( 2022, 2023 and 2024 ) with any visa type -- physically present ?

Are you married and if so to whom ( another NRA or citizen or Resident for Tax purposes )?

I will circle back once I hear from you --yes ?

mdhhtaxAuthor

Level 2

I Am a Venezuelan asylum applicant, the Aug 2024 has been my first and only entry to US.

I’ve been working since sep 2024, I received my W2 and a 1099 but I’m not sure if I should file as NR or as a resident. Since I was not here temporarely I would think that I should file as a resident and that is my main quesiton.

I’ll be here with this status until my asylum case gets resolved (that date remains unknonwn)

pk_

Level 15

@mdhhtax welcome to the US of A.

For tax purposes ONLY US uses two tests for residency ( i.e. tax you as a resident)

(a) GreenCard test -- the card issued by immigration recognizing the person as a permanent resident

And / Or

(b) Substantial Presence Test --- 183 days of presence in the country counting all days present in the current year plus 1/3rd the days present in the prior year and plus 1/6th of the days present in the 2nd prior year.

Based on your "days present" posted above, you will not pass the SPT for the tax year 2024. Thus you are a Non-Resident for tax purposes.

Residents are taxed by the US on world income and file a form 1040 ( supported by TurboTax ).

Non-Residents are taxed ONLY on their US sourced income. You file a form 1040-NR ( not supported by TurboTax ). The fact that you have a W-2, pay Social Security and Medicare taxes, does not matter.

Does this answer your query ? Is there more I can do for you ?