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January 10, 2025
Question

J-1 (2 years) and F-1 (3 years and onward). Am I a resident or nonresident filer?

  • January 10, 2025
  • 1 reply
  • 0 views

Hello, I wonder if I should use a resident or nonresident form for my 2024 tax return. This is my 6th year in the US. I am aware of the Substantial Presence Test (SPT), but I am confused about whether I can file as a resident this year. Here is a breakdown of my visa status:

 

2019 - J-1 student

2020 - J-1 student

2021- F-1 student

2022- F-1 student

2023- F-1 student

2024- F-1 student

 

From 2019 to 2023, I have filed using a nonresident form (1040-NR, etc.). For 2024, in my case, should I file using a nonresident form or a resident form? I am unsure whether the 5-year SPT exception rule applies by combining the J-1 student years (2 years) and F-1 student years (5 years), or if they are counted separately.

1 reply

January 14, 2025

Yes, you meet the substantial presence test and the 5 year test.  You are a US resident.

 

Here is more information on determining if you are a resident.

 

@chj2029 

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