topic Can J-1 visa holders file their taxes via TurboTax? in Get your taxes done using TurboTax

Can J-1 visa holders file their taxes via TurboTax?

lkcvlk — Sun, 31 Jan 2021 17:18:10 GMT

Re: Can J-1 visa holders file their taxes via TurboTax?

DanaB27 — Sun, 31 Jan 2021 17:35:22 GMT

It depends how long you have been in the US.

As a J-1 visa holder, you are considered as a non-resident for the first two years since you entered the US. After that if you are more than 183 days within the US while on the J-visa you are considered as a resident for tax purposes.

If you are considered a resident then you can use TurboTax. If you are considered a non-resident then you cannot use TurboTax since it does not support Form 1040NR for a non-resident. You can prepare your return through a company we partner with called Sprintax.

Re: Can J-1 visa holders file their taxes via TurboTax?

lkcvlk — Sun, 07 Feb 2021 11:00:43 GMT

Thank you for the clear and prompt response!

Re: Can J-1 visa holders file their taxes via TurboTax?

Bayan — Wed, 08 Feb 2023 12:19:22 GMT

Hello! I am j-1 student 2022, today I filled out application for tax return with TurboTax, I didn’t know that this is only for residents, so how to avoid future problems or how to stop this process because I am going to go USA in 2023 summer, help me please!

Re: Can J-1 visa holders file their taxes via TurboTax?

Bayan — Wed, 08 Feb 2023 12:20:54 GMT

Re: Can J-1 visa holders file their taxes via TurboTax?

DaveF1006 — Tue, 02 May 2023 19:31:09 GMT

If you did not pay to file the return or complete the return to send to the IRS, just ignore it. You do not have a filing requirement for year 2022 unless you have US-based income to report.

For next year, if you earn income in the US, you will file a 1040 Non-Resident return. Turbo Tax do not handle this type of return but our affiliate at sprint.tax does.

Just an FYI, as a J-1 student, you may exclude U.S. days of presence as a “student” for purposes of the Substantial Presence Test for up to five calendar years. The five-year limit is a lifetime limit that can’t be renewed but may be extended if certain conditions are met. This means that even if you meet the Substantial Presense Test to be a resident alien, you may choose to file as a non-resident up to five years after arriving to the United States if you choose to. Refer to this reference for more details.

@Bayan

Re: Can J-1 visa holders file their taxes via TurboTax?

Bayan — Wed, 08 Feb 2023 13:39:39 GMT

But, it said that my application already gone to IRS, what should I do to avoid future problems?

Re: Can J-1 visa holders file their taxes via TurboTax?

Bayan — Wed, 08 Feb 2023 13:41:52 GMT

But, it said that my application already gone to IRS, what should I do to avoid future problems?

@DaveF1006

Re: Can J-1 visa holders file their taxes via TurboTax?

RalphH1 — Wed, 08 Feb 2023 20:15:07 GMT

It sounds like you’re saying you e-filed a return through TurboTax and received the e-mail (from the IRS which comes through our system) saying it was accepted. Is this the case? If so, I’m curious about what income (and from where) you reported on this return…

Regardless, it’s an incorrect tax result, and on the wrong form. You’ll want your money back if you’re paying tax, and depending on what else is reported (like foreign withholding, for example), the IRS may become curious. (And we don’t want them to be the first people welcoming you to the United States!)

Dave (who is obviously well-versed in this part of the tax code) may weigh in with some thoughts, but at this point I’m thinking the process from this TurboTax discussion is the way to go. You’ll basically zero-out the 1040 with a 1040X (amended return) which really just refers to the 1040NR you’ll also be submitting (showing no U.S. source income in this case, so no tax). Sprintax (here), our 1040NR partner, may have some additional suggestions. Welcome to the U.S. a little in advance, @Bayan!

Re: Can J-1 visa holders file their taxes via TurboTax?

Bayan — Fri, 10 Feb 2023 03:00:33 GMT

Hello! I am j-1 student, I was in the USA 2021 and 2022 summers, total in to years I was 190 days. So I used to get my taxes TurboTax, is that ok, is any harm of that in the future?

Re: Can J-1 visa holders file their taxes via TurboTax?

DaveF1006 — Fri, 10 Feb 2023 03:18:12 GMT

To clarify, were you a J-1 holder in 2021-2022 and are you presently residing in the US?

Re: Can J-1 visa holders file their taxes via TurboTax?

Bayan — Fri, 10 Feb 2023 03:27:10 GMT

No, I am not residing in the us

Re: Can J-1 visa holders file their taxes via TurboTax?

DaveF1006 — Fri, 10 Feb 2023 04:46:43 GMT

To clarify again, what were the dates of your US residency and were you a J-1 as a student or as a teacher?

@Bayan

Re: Can J-1 visa holders file their taxes via TurboTax?

Bayan — Fri, 10 Feb 2023 05:06:30 GMT

I was j1 student

25th of May 2021 I entered the USA 5th of September 2021 I left

30th of May 2022 I entered and 5th of September I left the usa

Re: Can J-1 visa holders file their taxes via TurboTax?

DanaB27 — Fri, 10 Feb 2023 13:42:50 GMT

Yes, since you were a J-1 visa student you are exempt from the Substantial Presence Test in 2022 and are considered nonresident for 2022. You will have to file a nonresident return Form 1040-NR. If you filed a regular tax return with TurboTax then please see these steps as mentioned by Tax Expert RalfH1. You shouldn't have any issues in the future after you corrected this.

Do not use 1040-X in sprintax since you did not use them to file the original return.

Download Form 1040-X
Enter your name, current address, and social security number (SSN) or individual taxpayer identification number (ITIN) on the front of Form 1040-X.
Don’t enter any other information on page 1. Also, don’t complete Parts I or II on page 2 of Form 1040-X.
Enter in Part III the reason why you are filing Form 1040-X.
Complete a new or corrected return ( Form 1040-NR, etc. you can try to use sprintax for this).
Across the top of the new or corrected return, write “Amended.”
Attach the new or corrected return to the back of Form 1040-X.

Please see Form 1040-X Instructions for additional details.

For your additional information:

"The time limit depends on whether the J-1alien entered the United States as a “student” for the purpose of studying at an academic or vocational institution or as a “teacher or trainee” for the purpose of teaching, conducting research, or receiving on-the-job training.

Student – five calendar year rule:

A J-1 alien can exclude U.S. days of presence as a “student” for purposes of the Substantial Presence Test for up to five calendar years. The five-year limit is a lifetime limit that can’t be renewed but may be extended if certain conditions are met. For detail information, see Exempt Individual - Who is a Student.
Teacher or trainee – two calendar year rule:
- Generally, a J-1 alien cannot exclude U.S. day of presence as a “teacher or trainee” for more than two calendar years.
  - Four year exception: Subject to certain conditions, the two-year teacher or trainee limit can be extended up to four calendar years. However, unlike the student limit which is a lifetime limit, the teacher or trainee limit can be renewed. For detailed information, see Exempt Individuals in Teachers and Trainees." (IRS)

Pub 4011 2022

@Bayan

Re: Can J-1 visa holders file their taxes via TurboTax?

masterdesky — Tue, 07 Mar 2023 16:26:55 GMT

Dear Experts,

I have a very closely related question.

I was a J-1 visa holder between 08/01/22 and 01/31/23 with a W-2 and a 1098-T forms. I've seen it mentioned in this thread that TurboTax doesn't have any support for non-resident aliens (because this "1040NR form" is not supported), so I have to file my taxes through Sprintax. However Sprintax advised me that due to the tax exemption treaty between the US and my country (Hungary), I could be considered as a resident in the US and in that case my taxes cannot be filed on Sprintax.

So my question is: Where should I file my taxes? Can I use TurboTax in this situation?

Re: Can J-1 visa holders file their taxes via TurboTax?

DaveF1006 — Tue, 07 Mar 2023 18:02:55 GMT

Here are the provisions of the Hungary-US tax treaty that existed on 08/01/2022 in Article 18 of the treaty.

1. Payments which a student, apprentice or business trainee who is, or was immediately before visiting a Contracting State, a resident of the other Contracting State and who is present in the first mentioned Contracting State for the purpose of his full-time education or training receives for the purposes of his maintenance, education or training shall not be taxed in that State provided that such payments are made to him from sources outside that State.

2. An individual to whom paragraph 1 applies may elect to be treated for tax purposes as a resident of the first-mentioned State. The election shall apply to all periods during the taxable year of the election and subsequent taxable years during which the individual qualifies under paragraph 1, and may not be revoked except with the consent of the competent authority of that State.

In this treaty, the US is defined as the first contracting state and according to the treaty, you may be treated as a resident alien for tax purposes as long as payments/ income were not made to you by Hungary.

As an FYI, the US/ Hungary tax treaty is no longer effective as of Jan 8, 2023 but any taxable events before this period of time are still honored.

@masterdesky

Re: Can J-1 visa holders file their taxes via TurboTax?

masterdesky — Tue, 07 Mar 2023 20:06:50 GMT

Thank you so much @DaveF1006 , that shed some light on the situation. So for the 2022 period I could file my taxes as a resident alien for now.

Does that mean I can simply use TurboTax, since I don't need the 1040NR?

Re: Can J-1 visa holders file their taxes via TurboTax?

DMarkM1 — Tue, 07 Mar 2023 21:06:51 GMT

Yes, if filing as US Resident Alien you would use form 1040 which is standard in all TurboTax versions.