Resident or Non-resident Alien

Forum|Forum|5 years ago
May 6, 2021
1 reply
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Hello Everyone,

I departed the US on December 2020.

And I filed taxes with Turbotax for 2020FY as a Resident alien on February 2021. I have already received my refund.

However, now I am doubting If I should have done it as Dual-status and file a 1040NR and a 1040.

I have been reading a lot of info and some say I am ok with the 1040 and claim all 2020 year as resident, as I was more than 300 days in US soil.

But other said, you need to amend it with a 1040X and 1040NR.

Anybody that can bring some help to this issue?

Thank you very much in advance

Best answer by linaj20201

For the year of 2020, you are a resident and should file a Form 1040.

For 2019, technically speaking, you are considered as a nonresident as you did not meet the Substantial Presence Test SPT. As TurboTax does not cover nonresident filing, you are advised to contact Sprintax. This is probably the simplest way to go. However, you could file as dual status if you meet the First Year Choice. This way, you would file as a nonresident for the period before you entered the US and a resident from September till December.

To read more about the pros and cons on dual status, click here: Dual status

For instructions how to file Dual status, see DualStatus under "What and Where To File for a Dual-Status Year" and 1040NR.

If you have filed a Form 1040 for 2019, you would need to amend.