The IRS have a thing called substantial presence test that applies to foreigners who have stayed in the US for a while. This test will consider those foreigners as "US resident for tax purposes"
For those who pass this test and need to be considered a 'resident for tax purposes', do they claim themselves as foreigners or US residents when filling in the state of residence?
@dcheng728-gmail- , agreeing with my colleague @NCperson , just wanted to point out the following:
For federal purposes :
(a) On passing the SPT ( Substantial Presence Test ), you file your return on form 1040 ( Resident for Tax purposes ) while prior to that you submit your return on form 1040-NR ( not supported by TurboTax).
(b) A student on F visa ( an a few other ) are generally " exempt" from counting days present in the US for 5 calendar years starting from the date of entry. So your SPT passing is usually six months into the sixth calendar year. Of course there are many "and"s, "if"s and "but"s.
(c) Also note that Tax Treaty ( i.e. US and your home country), may significantly impact your filing situation.
For State Purposes:
(a) each state has its own definition of resident vs. non-resident. You are resident of that State when you meet its rules.
(b) the taxation varies and so do the forms accordingly.
For Immigration purposes :
You are a non-resident unless your visa etc. says you are a resident. Generally Only citizens and GreenCard holders are considered residents.
Hope this clarifies your question.
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