I came to the US on a B1 in 2012 (5 days), J1 in 2014 (70 days), F1 in 2014, stayed ever since and got my H1B in Oct 2018. When do i stop being exempt in terms of SPT?

[shanx-carpediem]

When I input these visits to Sprintax, it says I'm considered a resident for tax purposes for the 2018 tax year. But assuming that 2013-Sep 2018 is exempt (J1-F1) and I got my H1B in October, doesn't that still give me only 91 days in 2018 and none before that, hence making me eligible for NR tax? Is it somehow taking into account my tourist visa year (2012) as well? I've attached a summary of my visits.

[LinaJ2018 · Accepted solution]

You will stop being exempt from January 1st, 2018.  Therefore, you are a resident on your 2018 taxes. 

This is why:

As IRS gives F-visa students a five-year lifetime exemption, you can only use your exemption for five years lifetime including any exempt visa you were granted before.  Since you are given a J -visa for one year (2013), you can only be exempt for four years (2014-2017) while on the F- visa.  Your exemption stop in 2017.  If you stay more than 183 days starting from January 1st, 2018, you are a resident. 

[shanx-carpediem]

Thank you, that makes sense.

[LinaJ2018]

You are very welcome!