Can J-1 visa holders file their taxes via TurboTax?

[DanaB27]

It depends how long you have been in the US.

As a J-1 visa holder, you are considered as a non-resident for the first two years since you entered the US.  After that if you are more than 183 days within the US while on the J-visa you are considered as a resident for tax purposes. 

If you are considered a resident then you can use TurboTax.  If you are considered a non-resident then you cannot use TurboTax since it does not support Form 1040NR for a non-resident.  You can prepare your return through a company we partner with called Sprintax. 

[lkcvlk]

Thank you for the clear and prompt response!

[Bayan]

Hello! I am j-1 student 2022, today I filled out application for tax return with TurboTax, I didn’t know that this is only for residents, so how to avoid future problems or how to stop this process because I am going to go USA in 2023 summer, help me please!

[Bayan]

Hello! I am j-1 student 2022, today I filled out application for tax return with TurboTax, I didn’t know that this is only for residents, so how to avoid future problems or how to stop this process because I am going to go USA in 2023 summer, help me please!

[DaveF1006]

If you did not pay to file the return or complete the return to send to the IRS, just ignore it. You do not have a filing requirement for year 2022 unless you have US-based income to report.

For next year, if you earn income in the US, you will file a 1040 Non-Resident return. Turbo Tax do not handle this type of return but our affiliate at sprint.tax does.

Just an FYI, as a J-1 student, you may exclude U.S. days of presence as a “student” for purposes of the Substantial Presence Test for up to five calendar years. The five-year limit is a lifetime limit that can’t be renewed but may be extended if certain conditions are met. This means that even if you meet the Substantial Presense Test to be a resident alien, you may choose to file as a non-resident up to five years after arriving to the United States if you choose to. Refer to this reference for more details.

@Bayan 

[Bayan]

But, it said that my application already gone to IRS, what should I do to avoid future problems?

[Bayan]

But, it said that my application already gone to IRS, what should I do to avoid future problems?

@DaveF1006 

[RalphH1]

It sounds like you’re saying you e-filed a return through TurboTax and received the e-mail (from the IRS which comes through our system) saying it was accepted. Is this the case? If so, I’m curious about what income (and from where) you reported on this return…

Regardless, it’s an incorrect tax result, and on the wrong form. You’ll want your money back if you’re paying tax, and depending on what else is reported (like foreign withholding, for example), the IRS may become curious. (And we don’t want them to be the first people welcoming you to the United States!)

Dave (who is obviously well-versed in this part of the tax code) may weigh in with some thoughts, but at this point I’m thinking the process from this TurboTax discussion is the way to go. You’ll basically zero-out the 1040 with a 1040X (amended return) which really just refers to the 1040NR you’ll also be submitting (showing no U.S. source income in this case, so no tax). Sprintax (here), our 1040NR partner, may have some additional suggestions. Welcome to the U.S. a little in advance, @Bayan!

[Bayan]

Hello! I am j-1 student, I was in the USA 2021 and 2022 summers, total in to years I was 190 days. So I used to get my taxes TurboTax, is that ok, is any harm of that in the future?

[DaveF1006]

To clarify, were you a  J-1 holder in 2021-2022 and are you presently residing in the US? 

[Bayan]

No, I am not residing in the us 

[DaveF1006]

To clarify again, what were the dates of your US residency and were you a J-1 as a student or as a teacher?

@Bayan 

[Bayan]

I was j1 student 

25th of May 2021 I entered the USA 5th of September 2021 I left

30th of May 2022 I entered and 5th of September I left the usa

[DanaB27]

Yes, since you were a J-1 visa student you are exempt from the Substantial Presence Test in 2022 and are considered nonresident for 2022. You will have to file a nonresident return Form 1040-NR. If you filed a regular tax return with TurboTax then please see these steps as mentioned by Tax Expert RalfH1. You shouldn't have any issues in the future after you corrected this.

Do not use 1040-X in sprintax since you did not use them to file the original return. 

• Download Form 1040-X 
• Enter your name, current address, and social security number (SSN) or individual taxpayer identification number (ITIN) on the front of Form 1040-X.
• Don’t enter any other information on page 1. Also, don’t complete Parts I or II on page 2 of Form 1040-X.
• Enter in Part III the reason why you are filing Form 1040-X. 
• Complete a new or corrected return ( Form 1040-NR, etc. you can try to use sprintax for this). 
• Across the top of the new or corrected return, write “Amended.” 
• Attach the new or corrected return to the back of Form 1040-X.

Please see Form 1040-X Instructions for additional details.

For your additional information:

"The time limit depends on whether the J-1alien entered the United States as a “student” for the purpose of studying at an academic or vocational institution or as a “teacher or trainee” for the purpose of teaching, conducting research, or receiving on-the-job training.

1. Student – five calendar year rule:
   
   A J-1 alien can exclude U.S. days of presence as a “student” for purposes of the Substantial Presence Test for up to five calendar years. The five-year limit is a lifetime limit that can’t be renewed but may be extended if certain conditions are met. For detail information, see Exempt Individual - Who is a Student.
    
2. Teacher or trainee – two calendar year rule:
   
   • Generally, a J-1 alien cannot exclude U.S. day of presence as a “teacher or trainee” for more than two calendar years.
     • Four year exception: Subject to certain conditions, the two-year teacher or trainee limit can be extended up to four calendar years. However, unlike the student limit which is a lifetime limit, the teacher or trainee limit can be renewed.  For detailed information, see Exempt Individuals in Teachers and Trainees." (IRS)
        

Pub 4011 2022

@Bayan