I was an F-1 student in 2019 and I was granted asylum in May 2019. What should be my residency status for tax purposes (Non-resident, resident, or dual status)?

[ffbayraktar]

I was an  F-1 student since 2016 and I was granted asylum in May 2019. I am trying to figure out my tax residency status for the 2019 tax year. In previous years, I filed as a non-resident because I was an exempt individual due to my F-1 visa status with regard to the substantial presence test. When I was granted asylum in 2019, I start using the benefits of asylum status (e.g. unrestricted work permit) that were not available under F-1 status. I thought that I should file as a resident alien for the whole 2019 tax year because I was in the US for more than 183 days as an asylum seeker (I didn't leave the US since 2016). I thought that the asylum status would prevail my F-1 visa status and I wouldn't be considered as an exempt individual anymore for substantial presence test after I was granted asylum. There is also the dual status citizen category that I might potentially qualify for, therefore I wanted to seek your help to clarify my tax status.

[KarenJ2 · Accepted solution]

You would need to file a dual status tax return., part year nonresident and part year resident.

For a  dual status tax return, you will be considered a nonresident of the US until your first day of your change in visa in the US.  Then the remainder of the calendar year you are considered a resident.   

If you had any US source income, in the first half of the year, you can use Sprintax.(TurboTax partners with Sprintax for taxpayers that need to file a nonresident return)  TurboTax is only for US citizens and US residents.  You will need to print out your nonresident return.  It must be filed with your resident return.  

If you had no US source income in the first part of the year, then you can just print a blank nonresident return (1040NR) and enter your name, address and social security number and enter zero for income and tax. 

Write on the top of the 1st page of the 1040NR, Dual Statement.  

Form 1040NR   

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 must 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 Return.      

Put the 1040 on top of 1040NR nonresident return and staple and mail to the IRS.  You must sign the 1040 before mailing.  You do not need to sign the 1040NR statement.    You cannot e-file your return. 

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 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 must choose itemized deductions.  Please follow the below instructions to switch to itemized deductions after entering all your income and deductions from the resident part of the year.   

TurboTax Online instructions for how to change from standard deduction to  itemized deductions.   

First, sign in and make sure your return is open. You should see 2019 TAXES in your left-hand menu  (if not, tap or click the upper-left corner to expand the menu or select Take me to my return).    

Once your return is open:    

1. From the left-hand menu, select Federal (on mobile devices, you might need to scroll down).    

2. Now select Deductions & Credits near the top of your screen.    

3. Scroll all the way down to the to the bottom of the screen and Click on Wrap up tax breaks (if you don't see this button, select Skip to see all tax breaks, then scroll down again).    

4. Continue through the interview until you see  The Standard [or Itemized] Deduction is Right for You,   

5. On that screen, check the box Change my deduction to see the dollar amount for each deduction.    

6. Select Continue to keep the itemized deductions.  When you  switch to the itemized deductions, you may be prompted to upgrade.    

How do I print and mail my return in TurboTax Online? 

Please see more information on filing dual status tax returns on page 10 of the Form 1040NR Instructions.  

3 sec ago 

Add tags 

[ffbayraktar]

Thank you very much for this useful information! Another question, can I choose to be treated as a resident alien for the whole year of 2019 as dual status makes things complicated for me?  I read about the first-year choice but I am not sure if it applies to me or not. Thank you for your help in advance!

[KarenJ2 · Accepted solution]

You must be married and both of your would need to make an election to file married filing jointly.  

Unfortunately, the election is not available for single taxpayers.  The first year choice is for nonresidents that wish to be dual status so they can make the election to file married filing jointly. 

[ffbayraktar]

I am indeed married and my wife is in exact same situation with me. She was my dependent (F-2) while I was an F-1 student and we both granted asylum at the same time (May 2019). Do you think that we can make the election?

[KurtL1]

Because you both were present in the U.S, in 2018, when you obtained the the resident alien status in 2019 you were eligible to file a Form 1040 as a resident alien.

You only would be required to file a Dual Status return if you first came into the United States in 2019 and during the year you became a resident alien per the Substantial Presence Test .