Nonresident alien traveling in the US and meet"substantial presence test"

Hi There,

My friend Taylor is traveling here to visit her friend, because her friend need to be taken care and also because of the covid-19, Taylor filed the extension form I-539 to USCIS, Taylor just found that she already met the"substantial presence test", Taylor didn't work in the US, and didn't work remotely to her country, Taylor didn't have income within and without US, does she need to file tax return or anything eles to IRS?

Thank you very much.

284

Expert Alumni

Feb 27, 2023 4:31:59 PM

If she has absolutely no income from anywhere, then no, she would not need to file a US tax return even if she met the substantial presence test.

In order to file an income tax return, she would need to have income.

If she did have income as an employee, and was eligible to file as a US Citizen, she would need to file if she had income of more than $12,950 (standard deduction). Income includes in addition to working, interest, investments, online platforms, selling stuff on eBay and other platforms.

Level 1

Feb 27, 2023 4:34:07 PM

@Vanessa A

Well received. Thank you very much.

Why sign in to the Community?

Nonresident alien traveling in the US and meet"substantial presence test"