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jaysonsls
New Member

Hi, I worked in the US on L1 visa from Aug 2016-Sep 2018. I will be returning on F1 visa in Aug 2019. Will I be a resident alien for 2019? I am a resident alien for 2018.

 
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1 Reply
KarenJ
Intuit Alumni

Hi, I worked in the US on L1 visa from Aug 2016-Sep 2018. I will be returning on F1 visa in Aug 2019. Will I be a resident alien for 2019? I am a resident alien for 2018.

As an F-1 Visa holder for 2019   you will be exempt from the substantial presence test and you will be considered a Nonresident Alien for 5 years or part years.

As a nonresident alien, you are only required to file a US tax return for income from US sources. If you are required to file a tax return, you will file a Form 1040NR. TurboTax does not support Form 1040NR but you can go to the following website https://www.sprintax.com/ which is specifically designed to help in preparing your nonresident alien tax return.

For 2018, you can file a resident return declaring your worldwide income for all of calendar year 2018 (you can use foreign tax credit to help offset any income earned after you left the US in 2018).  Or, you can file a dual status return (part year resident and part year nonresident).  This is a bit complex.

In order to prepare a dual status return in TurboTax, you will need to print a copy of the nonresident return (Form 1040NR from the IRS website) for your tax on US income after you left the US. There will most likely be no US source income to enter for that time.  So your income on this form will be zero. Write at the top of the 1st page, Dual Return. You will need to write in your name and address and input zero as your US source income.

https://www.irs.gov/pub/irs-pdf/f1040nr.pdf

Then for the resident part of the return you prepare in TurboTax, you are not allowed to use the standard deduction, only itemized deductions if you are filing a dual status return.  Also, you can either file single (if you are single) or married filing separately.

You must suppress the standard deduction.  Instructions for this are below.

When your resident part of the return is finished in TurboTax, print the return and write on top of the return,

Dual Statement.  Put the 1040NR on top of 1040 resident return and staple and mail to the IRS.  You must sign the 1040NR before mailing.  You do not need to sign the 1040 statement.

You will need to staple your 1040NR and 1040 together and mail to the following address:

If you  are not enclosing a payment then use this address...

Department of the Treasury

Internal Revenue Service

Austin, TX  73301-0215

USA

If you are a Taxpayer or Paid Preparer preparing your return and enclosing a payment then use this address...

Internal Revenue Service

P. O. Box 1303

Charlotte, NC 28201-1303

USA

Please see more help on dual status returns see page 7 of Pub 519.

Publication 519

You will need to sign your 1040NR return before mailing.

To change to itemized deductions in TurboTax:

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