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Solved

Resident or Nonresident

Forum|Forum|1 year ago
March 24, 2025
1 reply
0 views

I have a friend who came to the USA from Venezuela on August 2024. He was paroled into the United States for urgent humanitarian reasons. He has his work permit and valid ss number to work. He earned $9,967 working for a Company in Colorado. He has no plans to move back to his home country Venezuela. He plans to do an adjustment status to be able to obtain his green card. He is single, not married and no kids. He did not work at all back in Venezuela. My question is if he files as a non resident? I've done research and still can't find the correct answer. Thank you in advance

Not A Product Question

Best answer by pk12_2

@Rshc , generally Non-Resident / Resident for Tax purposes is somewhat disconnected from the immigration status of the person. Based on the fact that he entered the country with a work permit in August of 2024, means that he will pass Substantial Presence Test sometime in Jan/Feb of 2025. It is after that he is a Tax Resident ( Resident for Tax purposes ).

Here is a page from IRS -----> Residency starting and ending dates | Internal Revenue Service

Determining an individual's tax residency status | Internal Revenue Service

Is there more one of us can do for you ?

pk12_2Answer

Employee

@Rshc , generally Non-Resident / Resident for Tax purposes is somewhat disconnected from the immigration status of the person. Based on the fact that he entered the country with a work permit in August of 2024, means that he will pass Substantial Presence Test sometime in Jan/Feb of 2025. It is after that he is a Tax Resident ( Resident for Tax purposes ).

Here is a page from IRS -----> Residency starting and ending dates | Internal Revenue Service

Determining an individual's tax residency status | Internal Revenue Service

Is there more one of us can do for you ?

RshcAuthor

Thank you. I am just so confused with the Substantial Presence Test! I though he had to be here

1. 31 days in a row for current year (is this for current tax year 2024 or current year 2025)?

2. 183 days during the 3 year period that includes the current year and the 2 years immediately before that.

So I was thinking he only meets the 31 days for current year 2024 but not for 2023 and 2022.