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Dear Experts,
I have a very closely related question.
I was a J-1 visa holder between 08/01/22 and 01/31/23 with a W-2 and a 1098-T forms. I've seen it mentioned in this thread that TurboTax doesn't have any support for non-resident aliens (because this "1040NR form" is not supported), so I have to file my taxes through Sprintax. However Sprintax advised me that due to the tax exemption treaty between the US and my country (Hungary), I could be considered as a resident in the US and in that case my taxes cannot be filed on Sprintax.
So my question is: Where should I file my taxes? Can I use TurboTax in this situation?
Here are the provisions of the Hungary-US tax treaty that existed on 08/01/2022 in Article 18 of the treaty.
1. Payments which a student, apprentice or business trainee who is, or was immediately before visiting a Contracting State, a resident of the other Contracting State and who is present in the first mentioned Contracting State for the purpose of his full-time education or training receives for the purposes of his maintenance, education or training shall not be taxed in that State provided that such payments are made to him from sources outside that State.
2. An individual to whom paragraph 1 applies may elect to be treated for tax purposes as a resident of the first-mentioned State. The election shall apply to all periods during the taxable year of the election and subsequent taxable years during which the individual qualifies under paragraph 1, and may not be revoked except with the consent of the competent authority of that State.
In this treaty, the US is defined as the first contracting state and according to the treaty, you may be treated as a resident alien for tax purposes as long as payments/ income were not made to you by Hungary.
As an FYI, the US/ Hungary tax treaty is no longer effective as of Jan 8, 2023 but any taxable events before this period of time are still honored.
Thank you so much @DaveF1006 , that shed some light on the situation. So for the 2022 period I could file my taxes as a resident alien for now.
Does that mean I can simply use TurboTax, since I don't need the 1040NR?
Yes, if filing as US Resident Alien you would use form 1040 which is standard in all TurboTax versions.
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