J1 Visa Substantial Presence Test - Can I use TurboTax

[Anonymous]

Hi,

I was working for one year in the states as an intern. During that time I had a J1 visa. I just received my W2 and started with Sprintax. But because I think I passed the Substantial Presence Test (more than 183 days in the states)  I couldn't continue in Sprintax because it told me that I count as a US resident only for tax purposes. I thought whoever has a J1 visa has an exemption and still count as a non-resident alien for the first 2 years working in the states. I'm back now in my home country and was wondering if I can still use TurboTax for my tax return 2019 or not. And if you could explain if I'm a resident-alien for tax purposes only or a non-resident alien. In any case I cannot use Sprintax unfortunately. 

I don't know if I should also mention it but I used to study in the states for 6 months in 2015. But didn't work at that time and had a F1 visa.

[KurtL1 · Accepted solution]

No, you cannot use the TurboTax software to complete your 2019 taxes. You will need to use Sprintax to file a Form 1040NR.  If you have questions you can contact Sprintax Help for assistance.

In 2019 you were still considered a non-resident alien for tax purposes because as a student or intern, holding a J-1 or a F-1 Visa you can not count the days present in the United States for up to five calendar years from when you first entered the U.S. J-1 Visa 5-Year Rule  F-1 Visa 5-Year Rule

You said in your question you first studied in the United States in 2015. Under the five year exemption for those holding a J-1 or F-1 Visa you would not be able to count days present toward the Substantial Presence Test until January 1, 2020.