If I should file tax as a resident alien or non-resident alien?

[junhao6503]

I am a F1 status student. and I came to US to start my study in 2012. I understand that I am a non-resident alien for my first 5 years, so 2016 is my fifth year. The thing I don't understand is this year, 2017, is the sixth year, but I am filing tax for 2016, which is my fifth year. Thus for filing 2016's tax, am I a resident alien or non-resident alien?

[LinaJ2018]

As a F-1 visa holder, you are considered as "exempt" meaning not counting days for five years starting from the date of your first arrival in the United States.  After the five years period, you will start counting days by using the Substantial Presence Test  to see if you qualify to be treated as a US resident for tax purposes.

In your situation, you are considered as a nonresident from tax year 2012-2016 filing a Form 1040NR.  Starting from 01/01/2017, you will start counting your days.  If you meet the Substantial Presence Test in year of 2017, you will be considered a US resident for tax purposes and file a Form 1040 for your tax year of 2017 which you will do in 2018.  We are in the year of 2017, however, we are filing a tax year 2016 tax return. Since you were still considered as a nonresident last year (2016), you will be filing a Form 1040-NR on your 2016 tax return.  

As TurboTax does not support Form 1040NR,  we have a partnership with Sprintax who offers filing solution to our TurboTax customers.  See Visit the TurboTax/Sprintax site.

[aashtim]

"If you meet the Substantial Presence Test in year of 2017, you will be considered a US resident for tax purposes and file a Form 1040 for your tax year of 2017 which you will do in 2018" - does this mean passing the test AT THE END of 2017, and not considering 2018? If this is true then 2017 is considered as the "current year" in the test (1 x days). Alternatively, 2018 is the current year, and 2017 days are discounted at 1/3 x days. The language is a bit confusing

[bine22]

current year refers to the tax year. So if you are filing for 2016, 2016 is the current year. If you are filing for 2017, 2017 is the current year.