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Level 1
March 5, 2020
Solved

Tax residency status

  • March 5, 2020
  • 1 reply
  • 34 views

Hi, I'm on F1 visa since Aug 2015. I know that after 5 years you are considered as tax resident alien. I thought I can file as a resident this year(2020), but I was told that I am still considered as a non-resident.
My question is do I considered as a resident alien filing for 2019 tax return and can use Turbotax or next year is the year I can use it?

Also, my wife was with me on F2 visa since Aug 2015 and changed status to F1 in July 2019. Is she also counted resident just like me since she was present in the US for 5 years but started getting paid from 2019. Can we file joint if we are considered as residents?

 

Thanks

    Best answer by KarenJ2

    Both you and your wife  are nonresidents from 2015, 2016, 2017, 2018, and 2019.    Starting January 1, 2020 you can start counting your days of presence for the Substantial Presence Test.

     

    You can both file a resident married filing jointly return with TurboTax in 2020.  This year you need to file a nonresident return  You can contact Sprintax.

    1 reply

    KarenJ2Answer
    Level 13
    March 5, 2020

    Both you and your wife  are nonresidents from 2015, 2016, 2017, 2018, and 2019.    Starting January 1, 2020 you can start counting your days of presence for the Substantial Presence Test.

     

    You can both file a resident married filing jointly return with TurboTax in 2020.  This year you need to file a nonresident return  You can contact Sprintax.

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