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January 24, 2020
Question

Out of Country for 189 days

  • January 24, 2020
  • 1 reply
  • 0 views

Hi, 

I was out of USA for a period of 189 days in 2019. My H-1B visa got expired and I had to leave the country. I was working from India for the current company. Is there any tax refund in this case? How do I show it in Turbo Tax?

    1 reply

    January 24, 2020

    Without seeing your tax return, I would not be able to tell you if you will finish your tax return with a refund.  You will have to go through all the step-by-step interview questions in the TurboTax program.  If you are a US resident, you will enter your information as if you are a US citizen or green card holder.  Sign in to your account and follow through the filing process.  TurboTax assumes all users who use the products are US residents for tax purposes.  It is the customer's responsibility to confirm their resident status whether they should use TurboTax as a resident or Sprintax as a nonresident.  

     

    In your situation, if you meet the Substantial Presence Test SPT in 2019, ( click here Substantial Presence Test ) you will be considered as a US resident for tax purposes and file a Form 1040.  As you mentioned that you were absent from the US for 189 days, it indicates to me that you were present for only 179 days in the US in 2019.  However, if you have lived in the US prior to 2019 and meet the SPT, you can still file a Form 1040 with TurboTax as a resident.