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viraj
Level 2

Resident Alien but outside of US most of 2020 because of Covid-19

Hi,

 

I have been a resident alien for the US for tax purposes between 2016-2019. In 2020, I was in the US only for 15 days and have been in India for most of 2020 because of Covid-19 and working from home for a US company. (Paid federal and state taxes from my paycheck)

 

Clearly, I do not meet the substantial presence test so what category do I fall into for 2020 for tax purposes?

Resident alien or non-resident alien.

3 Replies
DanaB27
Expert Alumni

Resident Alien but outside of US most of 2020 because of Covid-19

If you do not meet either the green card test or the substantial presence test for the calendar year then you will ne a nonresident for tax  purposes and you will have to file a 1040NR. Please visit the TurboTax/Sprintax site to file your 1040NR since TurboTax does not support Form 1040NR.

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viraj
Level 2

Resident Alien but outside of US most of 2020 because of Covid-19

Thank you for the answer. Is this still the case considering Covid 19 or are there any exceptions?

DanaB27
Expert Alumni

Resident Alien but outside of US most of 2020 because of Covid-19

Yes, it is still the case in your situation. There are only exceptions for non-residents that can't leave the US because of COVID. They can use the COVID-19 Medical Condition Travel Exception to avoid meeting the substantial presence test and avoid becoming a resident for tax purposes. 

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