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Level 2
January 26, 2023
Question

J1 visa holder

  • January 26, 2023
  • 2 replies
  • 20 views

I am J1-physician holder, I have been in the US for 2 years and 7 months with the same visa. Can I use TurboTax? and, is it a problem if I had already file my taxes via turbotax the past year? 

    2 replies

    Level 2
    January 26, 2023

    I was a J-1 visa holder too.

    As far as I know, you should check tax treaty between your country and the U.S.

    There should be tax exemption periods for J visa holders according to tax treaties.

    If tax exemption periods are expired, you would be treated as resident aliens according to Substantial Presence Test ( https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test ). 

    If you have stayed in the U.S. more than Substantial Presence Test criteria, you should file tax return using 1040, so you can use TurboTax.

    If you are under tax exemption periods, you should use 1040NR, which, I don't think, turbo tax covers.

    Rcrdvg93Author
    Level 2
    January 27, 2023

    Thanks for the info!

    DaveF1006
    Level 15
    January 26, 2023

    According to this IRS source document, an alien in J-1 status (hereafter referred to as a “J-1 alien”) will be treated as a U.S. resident for federal income tax purposes if he or she meets the Substantial Presence Test. You do meet the Substantial Presence Test based on what you have told me for this tax year and the previous tax year as well.

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    Rcrdvg93Author
    Level 2
    January 27, 2023

    Awesome! thanks for the quick answer. This means I can use turbotax without a problem, correct?

    DaveF1006
    Level 15
    January 27, 2023

    Yes, that is correct.

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