topic I stayed for less than 6 months in USA last year 2017. So am I eligible for complete tax refund for 2017? in Get your taxes done using TurboTax

I stayed for less than 6 months in USA last year 2017. So am I eligible for complete tax refund for 2017?

devpampa — Thu, 06 Jun 2019 19:35:38 GMT

What is your citizenship status? Are you a non-citizen?...

mesquitebean — Thu, 06 Jun 2019 19:35:39 GMT

What is your citizenship status?  Are you a non-citizen?

TurboTax can only prepare a return for US citizens and "resident aliens for tax purposes".  It cannot prepare a return for "non-resident aliens for tax purposes" who need Form 1040NR or 1040NR-EZ, which TurboTax cannot prepare.

I'll ask you some questions to help you determine how you are classified for tax purposes, and will then ask someone familiar with international filing to assist you.

What visa were you under during your stay in the USA?  As for the "less than 6 months in 2017" was that the sole extent of your time in the USA, or were you also here prior to 2017?  Are you here now?

H1B status and I stayed in 2016 full year and his year al...

devpampa — Thu, 06 Jun 2019 19:35:41 GMT

H1B status and I stayed in 2016 full year and his year also I’m staying in USA

So your time in the USA was 12 months in 2016 under H-1B...

mesquitebean — Thu, 06 Jun 2019 19:35:42 GMT

So your time in the USA was 12 months in 2016  under H-1B visa, and less than 6 months in 2017?  Is that correct?

A couple more questions.   Are you married?

How did you prepare your 2016 return?  Did you  happen to use TurboTax or another method?

I'm going to ask someone to assist you, but it may not be tonight.

@TaxGuyBill or @pk   Are you able to please assist this user in determining his/her tax status and what forms to file when you are next in the forum?   Thanks!

Devji, from reading the above it appears to me that for...

pk — Thu, 06 Jun 2019 19:35:44 GMT

Devji, from reading the above it appears to me that for 2016, you were a dual status taxpayer because ( assuming that you were admitted to the USA Jan1st of 2016 AND had no prior stay in USA during 2014, 2015) ---i.e. for the first 183 days you were Non-Resident Alien being taxed on US sourced income only while during the ret of the year of 2016 you would have been a Resident for Tax purposes, being taxed by the USA on your world income.. If that is correct than for 2017 you would still be taxed as a resident for tax purposes i.e. filing a 1040 series return ( TurboTax can help you prepare that). An item to note is that your departure procedure has an impact on your 2017 return --- did your visa get cancelled or surrendered , thus rendering you again a dual status person --- a resident for tax purposes till the day of departure and a non-resident alien for the rest of the year. If you did not take that path and did not file clsing papers, then US may consider that you are still a resident alien for tax purposes-- thus exposing your home country income to the USA taxes --- please clarify on this.