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opt_h1b
New Member

I transitioned to H1B on 10/01/2018 from F1 visa (OPT). 1) I wanted to confirm if I can file my 2018 taxes as NR alien. 2) Do I need to file FBAR if I file as NR alien?

I came to US in December 2015 on F1 and started my OPT in January 2018.

Then I transitioned to H1B on 10/01/2018 from F1 visa (OPT). 

I filed my taxes as non-resident alien for 2016 & 2017 (F1 visa). 

I have following two questions: 

1) I wanted to confirm if I can file my 2018 taxes as non-resident alien. 

2) Also, do I need to file FBAR if I file as non-resident alien (my foreign accounts had more than $10000 at some point in 2018)?

1 Best answer

Accepted Solutions
KarenJ
Intuit Alumni

I transitioned to H1B on 10/01/2018 from F1 visa (OPT). 1) I wanted to confirm if I can file my 2018 taxes as NR alien. 2) Do I need to file FBAR if I file as NR alien?

Yes, you need to file as a nonresident as you will not have passed the requirements for the substantial presence test (SPT).  See below for more information on the substantial presence test.

Nonresidents do not need to report their foreign bank accounts.

TurboTax does not support nonresident or dual status returns.

However we have a partnership with Sprintax offering a nonresident/dual status tax filing solution to our TurboTax customers.

Visit the TurboTax/Sprintax site for more info or to get started.

You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

  1. 31 days during the current year, and
  2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
  • All the days you were present in the current year, and
  • 1/3 of the days you were present in the first year before the current year, and
  • 1/6 of the days you were present in the second year before the current year.

Days that you were on an F-1 visa are not counted as days of presence.



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1 Reply
KarenJ
Intuit Alumni

I transitioned to H1B on 10/01/2018 from F1 visa (OPT). 1) I wanted to confirm if I can file my 2018 taxes as NR alien. 2) Do I need to file FBAR if I file as NR alien?

Yes, you need to file as a nonresident as you will not have passed the requirements for the substantial presence test (SPT).  See below for more information on the substantial presence test.

Nonresidents do not need to report their foreign bank accounts.

TurboTax does not support nonresident or dual status returns.

However we have a partnership with Sprintax offering a nonresident/dual status tax filing solution to our TurboTax customers.

Visit the TurboTax/Sprintax site for more info or to get started.

You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

  1. 31 days during the current year, and
  2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
  • All the days you were present in the current year, and
  • 1/3 of the days you were present in the first year before the current year, and
  • 1/6 of the days you were present in the second year before the current year.

Days that you were on an F-1 visa are not counted as days of presence.



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