Resident alien for tax purposes? filling for 5th year on F1

[gcastrod13]

entered the US as an F1 student on Aug 2014, graduated in may 2018. now I'm working on OPT. When I try to use glacier to file my 2018 taxes, it tells me I'm a resident for tax purposes for 2018. Wouldn't 2018 be included in the 5 years as an exempt individual? I get that for my 2019 taxes i'm a resident but what about 2018/?

[pk]

If you were admitted in 2014, your five calendar years of exempt status would have ended at the end of 2018, as long as you have met the conditions of  visa.  You should have been filing 1040-NR  ( if there was any US sourced income).  In 2019 you would be dual status  --- Non Resident Alien  till you meet the 183 days  substantial presence test and  thereafter residnt for tax purposes ( unless you requested to be treated as a resident for the whole year , known as first year choice ).

[pramodp953]

Hello There,
I have arrived to US on Aug 2015, working on OPT, this is the first tax filing that I was going through.  Am I eligible to file as Resident for the Tax year 2019. 

Please reply me.
Regards,

[pk]

@pramodp953 , since you  were admitted to the USA  in Aug 2015 ( under F-1 ?? ), you would be in exempt status  ( i.e. from counting days present  towards  substantial presence test ) till the end of 2019.  Assuming that there has not been any adjustment to your visa , for 2019  you would file as  a Non-Resident Alien  i.e. using form 1040-NR or 1040-NR-EZ.  Note these two forms are not supported by TurboTax ---their partner in this is SprinTax.  You can also inquire at your school's  foreign student office -- they  will guide you to a source  for filling out this form.   Did you get a W-2  from your OPT employer or a 1042-S ?    It is not too difficult to fill up the  form 1040-NR-EZ --  one can download  the  fillable .pdf  from www.irs.gov, fill out and mail it  in .

Is there something else I can help you with ?

Namaste 

[pramodp953]

Thankyou for your kind information. I was stuck with a confusion that weather I have to file as Resident or Non-Resident. Because, some of my friends files as Resident using Turbo-Tax, and they have no Issue. What are the future scenarios, if I have filed my 2019-Tax as Resident.? 

[pk]

@pramodp953 , as a Non-Resident Alien  if you filed form 1040  ( using TurboTax ) in error { I say in error because  if purposely done then it would be willful disregard of law  and that is  BAD }, then  the corrective action is  to file a  NEW return on form 1040-NR or 1040-NR-EZ, attach a copy of the  form 1040 already filed for reference and marked "Do Not Process " and  a note explaining that you made a mistake.  Generally I think you will find that for the same income ( unless exempted from taxation by  treaty ) a 1040-NR taxes are higher than when using 1040 --- thus IRS may conclude  that one filed a 1040 to evade taxation -- it is not advisable.  At the same time I must add that IRS may not catch the "error" and may also issue  the Economic Stimulus check to you as a  1040 filer -- thus creating a bigger issue.  Suggest  you advise your  friends whom have used 1040 in error to correct the  situation ( if needed ) -- IMHO

Namaste ji

[pramodp953]

@pk  Thank you So much for your information.