Am I a nonresident or resident for tax purposes?

[Won-Chul-Lee]

I came to US May 2016 with J-1 visa. According to GLACIER, my "residency status change date" is July 3, 2018 and "residency status start date" is January 1, 2018.

I am about to file a tax return for 2018. Am I a resident for tax purposes and can I use a form 1040 instead of 1040NR? Or am I a dual-status alien?

[LinaJ2018 · Accepted solution]

Wait until your return is either rejected or approved.  

If it's rejected, you can return to your program to add your 1042-S information while fixing the error. 

If your return is approved, you would need to amend if adding 1042-S info changes your original refund amount or tax due.  Come back later to this link 2018 Amend to amend.  If you need to amend, wait until your return is fully processed and you have received your refund or your payment has cleared.  

[Won-Chul-Lee]

Thanks so much! I will wait for the decision then.

[LinaJ2018]

You are very welcome!!  

[LinaJ2018]

If you stay in the US for more than 183 days in 2018, you are a resident and can use the Form 1040.  

[Won-Chul-Lee]

Thanks! Do you mean the days after the "residency status change date" (July 3, 2018)? I stayed in the US all year in 2018.

[LinaJ2018]

Per IRS, you are nonresident for 2016 and 2017 (only count the calendar years) From January 1 2018, you start to count your days present.

[Won-Chul-Lee]

Thanks TurboTaxLina. Per TuboTax TaxPro's comment, I have filed a tax return using TurboTax 1040. By the way, today I received 1042-S form too. So, I am a little confused if I did something wrong and should retreat the file to include 1042-S information too.

[LinaJ2018]

You did not do anything wrong.  You just need to enter your 1042-S on your taxes later.  See rest of info below.