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Level 1
posted Jan 26, 2023 3:16:57 PM

J1 visa holder

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? 

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5 Replies
Level 2
Jan 26, 2023 3:28:46 PM

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.

Employee Tax Expert
Jan 26, 2023 3:47:09 PM

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.

Level 1
Jan 26, 2023 4:02:34 PM

Thanks for the info!

Level 1
Jan 26, 2023 4:03:18 PM

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

Employee Tax Expert
Jan 26, 2023 4:24:07 PM

Yes, that is correct.