In 2020, Jan was my last working month and I was not present in US. I did not meet substantial presence after considering 2018 and 2019. So do I need to file 1040 NR?

[JeffreyR77]

It depends. 

If you have met your green card requirements, then you do not have to meet the substantial presence test. 

If you have not met your green card requirements, and do not meet the substantial presence test, you will need to fill 1040NR to report your US connected income for 2020.

Do I File Form 1040 or 1040-NR?

[msvardhan]

My GC is still under processing and I was not present for a single day in 2020 in US. So my understanding is that I do not meet GC test also.

Issue here is, Turbo tax did not mention about 1040NR and generated the form 1040. I was allowed to pay the turbo tax fees also. After that the forms were generated and I see 1040 form. But I am yet to file the return.

Please let me know how to proceed further.

Thank you.

[JeffreyR77]

At this point in time you do not qualify to file as a resident.  You need to file a 1040-NR. 

TurboTax does not support non-resident tax issues which is why it doesn't ask any questions to determine if you qualify to use the Form 1040. 

You can contact Sprintax for assistance with preparing and filing your 1040-NR.  

[msvardhan]

Thank you for the confirmation but how do I get back the fees I paid to Turbo tax.

[JeffreyR77]

There are no refunds with TurboTax Online. 

Before you submit your payment you acknowledge your satisfaction and acceptance of charges. 

You will be able to print your return forms to provide to Sprintax to aid in preparing your 1040-NR.