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New Member
posted Jun 3, 2019 1:14:55 PM

I am a foreigner who has lived in the states since 2013. Am I considered a resident alien and eligible to use turbotax?

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1 Best answer
Level 15
Jun 3, 2019 1:15:00 PM

your five year exemption  from days presenting counting would have expired in 2017. So for 2018 you would dual status --- till you reached the 183 days to pass the substantial presence test, you would be a non-resident alien  and thereafter you would be a  resident-alien for tax purposes.  Thus you would require a 1040 filing and attach a 1040-NR for the first half of the year. Note that while you are a Non-resident alien, US will tax you only on US sourced income and thereafter ( i.e. as a resident alien for tax purposes) you would be taxed on your world income-- and eligible for any taxes paid to another administration/country on income form  that source.  

For the 2018, you can also request ( a note signed and dated  )  to be  treated as a  resident-for tax purposes for the whole year and thus file only a 1040. This of course would mean that you would have to paperfile.

Does this help ?

8 Replies
Intuit Alumni
Jun 3, 2019 1:14:56 PM

What visa type have you had since 2013?  Are you a student?

New Member
Jun 3, 2019 1:14:57 PM

F1 visa. Yes, I was an undergrad and am currently a graduate student.

Intuit Alumni
Jun 3, 2019 1:14:58 PM

What day in 2013 did you enter the US with an F-1 visa?

New Member
Jun 3, 2019 1:14:59 PM

It was 12th of Aug in 2013.

Level 15
Jun 3, 2019 1:15:00 PM

your five year exemption  from days presenting counting would have expired in 2017. So for 2018 you would dual status --- till you reached the 183 days to pass the substantial presence test, you would be a non-resident alien  and thereafter you would be a  resident-alien for tax purposes.  Thus you would require a 1040 filing and attach a 1040-NR for the first half of the year. Note that while you are a Non-resident alien, US will tax you only on US sourced income and thereafter ( i.e. as a resident alien for tax purposes) you would be taxed on your world income-- and eligible for any taxes paid to another administration/country on income form  that source.  

For the 2018, you can also request ( a note signed and dated  )  to be  treated as a  resident-for tax purposes for the whole year and thus file only a 1040. This of course would mean that you would have to paperfile.

Does this help ?

New Member
Jun 3, 2019 1:15:01 PM

Thanks for the answer! Does that mean I would not be able to use turbo tax for doing my tax?

Intuit Alumni
Jun 3, 2019 1:15:03 PM

If you are in the US for the entire 2018 tax year, you are considered a US resident and can file your return with TurboTax.

 

[Edited 03.24.20 | 11:55 am]

Intuit Alumni
Jun 3, 2019 1:15:04 PM

You can file your return with TurboTax if you were in the US for all of 2018.

 

[Edited 03.24.20 | 11:57 am]