Can i file my returns with turbo tax while I am in H1B?

[sonusarath]

I came to US in F1 on 2016 and on October 2019 I changed my status to H1B. I would like to know whether I can file my tax through Turbo Tax. I found several answers within the group but I am not sure what to rely on

Thanks

[pk]

@sonusarath , to be able to use TurboTax  ( it only supports filing of federal 1040  and NOT 1040-NR), you need to be a US citizen/Resident ( GreenCard )/ Resident for tax purposes.  The last category i.e. Resident for tax purposes, requires one to meet  Substantial Presence Test  ( 183 days present counting all the days present in the current year, 1/3 of the days in the immediate prior year and 1/6  of the days in the prior to prior year ).  From your post you will not meet the requirement as such -- you were exempt from counting days present  till the day of adjustment of status.  

However, because you have  been in the USA for all the days since adjustment of status, { using the  test period of 10/xx/2019 till 12/31/2019 , you will meet  the requirements : at least 31 days present ;  75% of the days in the test period; not a resident for tax purposes during the prior year;  and meet the Substantial Presence Test next year } , you could ask  to be treated as a resident for the period of 2019.  This will allow you to file using TurboTax, get all the benefits of filing form 1040 etc.  This will require you to wait to file till you have met the 183 days for substantial presence  -- sometime in March.  

Does this answer your query ?

If you need more help , please consider telling me which country you are from, if you are married ( and if to US resident / citizen) and if you have children.

[sonusarath]

I am an Indian with no dependants

[sonusarath]

I haven't traveled outside US in the past 1 year. You talked about the substantial presence test, does this count towards that

[KurtL1]

I agree, you cannot use TurboTax to file your 2019 return. At the end of 2019 you are still considered a Nonresident Alien for tax purposes. You were not able to start counting days until you received you H1B Visa. By the end of 2019 you had not reached the 183 days present to meet the Substantial Presence Test.

There are certain visas where you cannot count the days you are in the U.S. toward meeting the Substantial Presence Test. An F-1 Visa is one of those visas. You are unable to count the days present when you were on an F-1 Visa for part of five calendar years. 

You will need to file a Form 1040-NR. TurboTax does not support a Form 1040-NR return. You will need to use Sprintax to file a Form 1040-NR return. If you have questions you can contact Sprintax Help for assistance.

[pk]

@sonusarath  substantial presence  counts days present in the US ONLY when you are not an exempt person ---  your F-1 gives you five calendar years ( starting with the  year you entered ) as exempt , till end of 2020.   Thus only path forward  if , and only if , you want to file as a resident for tax purposes  ( form 1040) for 2019 is as described in my earlier  response ( above ).

[sonusarath]

can I file with 1040.com ?

https://www.1040.com/?msclkid=ea5754b4250b1829774f0ad28adb55d6

[pk]

@sonusarath , based on your earlier  responses , I have provided answers.  Talking about  1040.com is beyond my knowledge ( having never used  and/or heard about their product & services ).   My personal belief is , that in dealings with IRS and/or State taxing authorities, Immigration, US Courts etc. , that  unless I am absolutely familiar with the subject, I would much rather stay with well known products  and services --- saving a few bucks now may cost a lot downstream.  My strongest advice would be to stay with well known  providers ( unless  of course  you are quite familiar with tax laws for  Non-Resident Aliens and Resident Aliens for tax purposes ).

Namste ji 

[sonusarath]

The reason I asked is that because I filed my tax for 2018 through 1040.com as I was doing it for the first time.  I was in my F1 status during that period of time and when I think about it now , I dont know whether it was the right one to go for. If its not I need to make sure to resolve it byfiling an amendment. For this year I have started filing through sprintax

[pk]

@sonusarath , you have to file an amended return on form 1040-NR then for the year 2018 ---  Perhaps you have to use something like SprinTax or a tax professional ( familiar with international tax filing ).  You need to submit  the 1040-NR along with the already processed form 1040 for 2018 plus a letter explaining that this was a mistake on your part, etc. etc.

For 2019 , as I have mentioned above you are dual status but  you can request to be treated as a resident for 2019 and thus file 1040 ( supported by TurboTax.

I do not believe  1040.com supports 1040-NR