Question

Last fiscal year, I was on a student visa, but I think I was a tax resident. I didnt file taxes and Im trying to now.In Aug, I got a green card.Does this affect my taxes?

Forum|Forum|3 years ago
September 28, 2022
2 replies
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In the last fiscal year (the one we should file taxes for this year), I was in the US on a student visa, but I think I was considered a resident for tax purposes. I failed to file my taxes due to extenuating circumstances and I am trying to file now. However, on August 2022, I became a lawful permanent resident of the US (green card holder). Does this change of status affect my tax filing? If so, how? And can I file with TurboTax considering I was an F-1 student in the past fiscal year? (I had been advised against using TurboTax because it was supposedly only for US Citizens or tax residents, and I was instead advised to use SprinTax instead).

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Anonymous_

Employee

@pk12_2 ?

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pk12_2

Employee

@sbsc2 , first the usual questions to understand the situation--

(a) which country are you from -- citizen of ?

(b) when did you enter the USA with F-1 ? Was this your first entry or were there others prior to that ? Was the F-1 extended?

(c) you keep using the word "fiscal" year, do you mean "Tax " year ?

(d) Were you abroad when the Green Card was issued/approved and if so when did you enter the country to "consummate" the Green Card ? Else what is the "date of admission" on the Green Card ?

(e) Are you married and if so to whom ( US citizen / Green Card / Resident for Tax Purposes / Non-Resident Alien )?

Please answer my questions and I will circle back.

Please also consider changing your ID -- especially if it is also your e-mail address -- this is public board and often trolled by %$^& people.

pk

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sbsc2Author

Thank you @pk12_2 !

(a) which country are you from -- citizen of ? Brazil

(b) when did you enter the USA with F-1 ? Was this your first entry or were there others prior to that ? Was the F-1 extended?

My first entry in the US: tourist visa (entered on 2017-06-30; left on 2017-08-06)

My first entry with F-1: 2019-08-19; left on 2020-03-15; returned on 2021-01-22

(c) you keep using the word "fiscal" year, do you mean "Tax " year ? Yes, sorry

(d) Were you abroad when the Green Card was issued/approved and if so when did you enter the country to "consummate" the Green Card ? Else what is the "date of admission" on the Green Card ? No, I was in the US the whole time, from filing the Green Card application, to processing, to it being approved and me receiving it, I became a green card holder on 08/15/2022

(e) Are you married and if so to whom ( US citizen / Green Card / Resident for Tax Purposes / Non-Resident Alien )? No, I am and have always been single

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pk12_2

Employee

@sbsc2 , first thank you for changing your sign-in id.

Second, based on the data you provided, i.e. entering with F-1 in 2019, and still on F-1 ( unless your F-1 was cancelled or your F-1 was only for a short 1 year course ), your exempt period will be valid till earlier of 12/31/2023 or status adjustment date. Thus for 2019 , 2020 and 2021 you would be a Non-Resident and needed to file 1040-NR which is not supported by TurboTax ( SprinTax their partner is the preferred vendor for TurboTax). If you are still in school , I am sure your school also has facilities to help international students.

Third, because your status change took place on 08/15/2022 ( August 15th. 2022 ), you are a resident for the year , starting on the first day you were present in the USA in 2022. Thus you are resident for 2022 tax year ( US uses a Calendar year as Tax Year).

Does this clear up or am I missing something.

Eu more en Sao Paulo ( Alpha Ville) 1991 -1993. Me Encanta Brazil e Brazileros --- muito feliz gente.

Is there more I can do for you ?

pk