I've arrived in the USA on March 11, 2016 on a L1 visa. So, I "pass" the substantial presence test for 2016. Which form should I file - 1040 or 1040NR (or even both)?

[jgcabral85]

I'm married, my spouse got here the same day as me, he's with a L2 Visa (but did not work or had any kind of income for the whole year). I am confused if I can use TurboTax (answering the questions available during the filling process, supposedly I could) or if I need the Sprintax solution.

One more detail that maybe can help clear even more the question: I'll be leaving the US next March 28th.

[DanielV01 · Accepted solution]

You are a US Resident for tax purposes.  This year, you will file Form 1040 (or 1040A or 1040EZ as your situation merits), and may use TurboTax to file.  You will not need to file Form 1040 NR (next year may be different).  You will be entitled to the full amount of deductions and exemptions granted to a U.S. resident on their tax return, but it also means that you will claim income that you earned outside of the U.S. as part of your return as well (although you will be allowed to claim a credit for tax you pay to another country).   See this FAQ for more information:  https://ttlc.intuit.com/replies/3302405 

Next year you might well need to file Form 1040NR since you may not meet the presence test.  Currently, TurboTax does not support that form.  Next year we can advise you if we do or if we will continue to have a partner service to assist you with this.

[jgcabral85]

Thanks for the response. I thought I'd need to file as a Dual-Status Alien and that was getting me confused.