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Level 2
posted Jan 26, 2022 3:33:31 PM

Could I just file taxes as a Non-Resident for 2021 Tax Year though visa status changed

Hi,
My visa is F1 from July 2018 until Sept 30th, 2021, and my visa status changed to H1B since Oct 1st, 2021. 
And I filed tax for the 2020 tax year last year as a non-resident.

The situation has become more complicated this year. Maybe I have two choices for tax filing for 2021?

1. Tax filing as non-resident for 2021
2. Make First-Year Choice statement for dual-status filing (more complicated and have to file an extension to meet the SPT(Substantial Presence Test) requirement for 2022, I am not very sure about this)

I wonder which way I should/could choose for tax filing for 2021?
Could I file taxes as Non-Resident for the whole tax year because it is just simple? I am not sure about the benefits and drawbacks of both.

I appreciate any help you can provide.

0 2 411
1 Best answer
Expert Alumni
Jan 26, 2022 4:01:20 PM

Yes you can file as a nonresident for 2021 because you did not meet the substantial presence test. Your F-1 visa days are exempt days so your "days present" in the US would not start until October 1.

 

Whether it's better to file as a nonresident and make the first-year choice would depend on your income and deductions.

 

TurboTax does not handle nonresident returns but you can discuss your situation with our partner Sprintax.com.

 

Contact them.

2 Replies
Expert Alumni
Jan 26, 2022 4:01:20 PM

Yes you can file as a nonresident for 2021 because you did not meet the substantial presence test. Your F-1 visa days are exempt days so your "days present" in the US would not start until October 1.

 

Whether it's better to file as a nonresident and make the first-year choice would depend on your income and deductions.

 

TurboTax does not handle nonresident returns but you can discuss your situation with our partner Sprintax.com.

 

Contact them.

Level 2
Jan 27, 2022 11:33:21 AM

@ErnieS0  Thanks for your reply.