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What should be my tax refund filling status

Hello Everyone!

 

I am on H1b Visa and I will be first time filling tax refund here in United States, I have landed here in US on 23rd July 2019 from India. My Wife and kid with H4 VISA arrived on 13 Aug 2019 and left US on 30 Oct 2019. I am maintaining a house on rent here and staying alone. My Wife and kid don't have ITIN and they will not be returning to US until Jun 2020.

 

Now I'm confused about my TAX filing status of, will it be Single, Head of Household or Married filing Jointly or Married filing separately.

 

Please advice.

 

 

 

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1 Reply
KurtL1
Expert Alumni

What should be my tax refund filling status

Based on the information you have included in your question you are not able to file a Form 1040 and use the filing statuses you listed. 

 

Because you did not meet the Substantial Presence Test to be considered as a Resident Alien, you will be required to file Form 1040NR as a Non-Resident Alien.

 

Substantial Presence Test:

You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

  1. 31 days during the current year, and
  2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
    • All the days you were present in the current year, and
    • 1/3 of the days you were present in the first year before the current year, and
    • 1/6 of the days you were present in the second year before the current year.

The non-resident tax form is not supported in TurboTax, I am unable to answer your question as to what filing status to use when you file Form 1040NR. 


You can use Sprintax to file your Form 1040NR.

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