I'm on L1 visa now and entered US on 08/21/2017. Please advise if i should file as 1040EZ or 1040NR-EZ?

[LinaJ2018 · Accepted solution]

If 8/21/2017 is the first time you entered the US, you could be either a nonresident or dual status alien.

Here are your options:

As you do not meet the Substantial Presence Test SPT, during the year of 2017,  you are considered as a nonresident for the entire year and file a Form 1040-NR.  You will report any US-source income on the form.  As TurboTax does not support nonresident tax forms, you are suggested to use Sprintax to file the Form 1040-NR.

OR, 

If you anticipate you will be staying in the US and meet the SPT during the year of 2018, you can make an election to treat yourself as a resident from August 2017, to file as a dual-alien status.( A nonresident on Form 1040-NR from January-August and resident from September- December) 

Please see

FirstYearChoice - under Residency Starting Date under the First-Year Choice

DualStatus under What and Where To File for a Dual-Status Year

[subhash850]

I see different returns when i see it on TurboTax and Sprintax. is it due to 1040NR(Sprint)  - 1040EZ(Turbo)?

I'll be here for at least 6 months in 2018. Can i file now as Resident although i didn't meet SPT as of now.

[LinaJ2018]

Please see answer below

[LinaJ2018]

Per IRS, you cannot file a Form 1040 or the required statement until you meet the substantial presence test in 2018.  ( See attached link below) If you have not met the test for as of April 15 of 2018, you can request an extension of time for filing your Form 1040 until a reasonable period after you have met that test. To request an extension to file until October 15 of 2018, use Form 4868, Application for Automatic Extension of Time to File U.S. Individual Income Tax Return.

Please note that once you make the first-year choice, you may not revoke it without the approval of the Internal Revenue Service.

For more information, please see 

https://www.irs.gov/individuals/international-taxpayers/residency-starting-and-ending-dates

last two paragraphs under Residency Starting Date under the First-Year Choice

[subhash850]

Great. Thanks a ton for the info.

1. If i continue to stay till  04/15/2018, I believe i meet SPT. please correct me if i'm wrong.
If so, can i file now or later 1040EZ(Turbo)?

2. I see different returns when i see it on TurboTax and Sprintax. is it due to 1040NR(Sprint)  - 1040EZ(Turbo)?

Regards

[LinaJ2018]

You would want to stay till after May 19 or 20 th to meet the SPT.  You would need to file an extension.  Yes, TurboTax files resident tax form 1040 and Sprintax files nonresident form 1040NR.