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January 25, 2020
Question

Was I US resident last year and should have filed 1040?

  • January 25, 2020
  • 1 reply
  • 0 views

Hello,

I came to US in Aug 2016 on F1 visa. I was on F1 till Sept 2018. My status changed to 10th Oct 2018. Then I travelled to India for H1B and was there from 6th Nov 2018 to 25th Dec 2018. 

Last year I filed my taxes in March 2019 for year 2018. I thought Non resident so filed 1040NR. Last year I did calculations using years 2018,2017 and 2016. 

 

But now I came across an article which suggests I was resident last year. 

As per this article,

According to Substantial Presence test, when I was filing taxes for 2018 in Mar 2019, 

1. Days in US in current year (2019) = 330 (by the end of year 2019)

2. Days in US in one year before (2018) on h1b status *1/3 = 30*1/3 = 10

3. Days in US in two years before (2017) on h1B status *1/6 = 0*1/6 = 0

Total days = 330 + 10+0 = 340. Which makes me US resident for Tax purposes. 

 

IS this right? Which form I should have filed? I have filed 1040NR but now I am confused. What should do I this year?

Any help is appreciated. 

 

1 reply

January 27, 2020

You were correct to file a 2018 nonresident return.  For 2019, you will need to file a US resident return (1040) and can use TurboTax.  

 

Your calculation is incorrect for 2018 tax year.  For the substantial presence test, days in the current year means for 2018.  You always count all the days of the tax year you are filing. 

The calculation for 2018 tax year:

 

  1. Days in current year (2018)
  2. Days in US one year before (2017)
  3. Days in US two years before (2016)

So you are fine!

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