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J1 Research Scholar entering 3rd year - Resident or Non-resident tax filing status?

I've been working as a research scholar in the USA since January 2022 on a J1 non-immigrant visa. For my first two years (2022 and 2023), I wasn't paying any FICA taxes because I was considered a non-resident alien. I filed 1040NR-EZ forms for my federal taxes during those years. Starting January 2024, my employer began withholding FICA taxes from my paychecks. I understand this is because I'm expected to pass the Substantial Presence Test around July 2024, which would make me a Resident Alien for tax purposes. From what I've read, FICA taxes are withheld from the beginning of the year someone becomes a Resident Alien (and if I left before passing the SPT, I could potentially get those FICA taxes refunded). I've been reading IRS Publication 519, which seems to indicate that if I become a Resident Alien partway through the year, I have two options: a) file part of my 2024 taxes as a Resident and part as a Non-resident, or b) file all of my 2024 taxes as a Resident using the First-year election. Since non-residents don't get a standard deduction on a 1040NR, it would be much more beneficial for me to file a 1040 for all of my 2024 taxes. And if I'm filing a resident 1040 for federal, I believe I can also file my state taxes (Minnesota) as a resident, which would give me a state standard deduction too. Am I understanding this correctly? I've visited two tax preparation offices in my area, but they both said "We don't know, we don't work with non-permanent residents." Some colleagues told me "You're an exchange student on a J1 visa who doesn't pay FICA taxes because you're not a resident, so you need to file a 1040NR." But I'm definitely employed as a research scholar on a max 5-year visa, and I'm definitely now paying FICA taxes, so I'm skeptical that I still need to file as a non-resident. Thanks for any guidance!

Liam McGuire

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Have you checked with your university's international student office? Many universities have special tax preparation resources specifically for J1 visa holders. My university offered free access to Sprintax, which is designed for non-resident tax filing and handles these transition cases pretty well.

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Ethan Clark

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I did check with them initially, but they only provide general guidance and specifically said they can't give tax advice. They did offer Glacier Tax Prep software, but it doesn't seem sophisticated enough to handle my specific situation with the transition from non-resident to resident status mid-year and the First-year election option. They basically just handed me some IRS publications and wished me luck.

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Liam McGuire

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That's disappointing but unfortunately common. Many university international offices are worried about liability so they avoid giving specific tax advice. Glacier is okay for simple cases but you're right that it struggles with complex situations like yours. Since you're in Minnesota, you might want to check if they have a VITA (Volunteer Income Tax Assistance) program with volunteers trained in non-resident taxation. Some university law schools also have tax clinics that can help international scholars. Otherwise, it might be worth consulting with a tax professional who specializes in international taxation, especially since this is a transition year that will affect how you file going forward.

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Amara Eze

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Quick tip from someone who went through this: make sure you're calculating your SPT days correctly! As a J1 research scholar, your first 2 years in the US are exempt from counting toward the SPT (that's why you were non-resident in 2022-2023). Starting in your third year (2024), those days start counting. The formula is: all days present in current year (2024) + 1/3 of days present in first preceding year (2023) + 1/6 of days present in second preceding year (2022). When this total exceeds 183, you've met the SPT. But wait! Since you were exempt from counting days in 2022-2023 due to your J1 research scholar status, you're essentially starting fresh in 2024. So you'd need to be physically present in the US for 183 days in 2024 to meet the SPT, which would be around early July if you've been here continuously.

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Not quite right. The exemption for J1 research scholars means those days don't count toward SPT, but the calculation is a bit more nuanced. Once you hit your 3rd year, you start counting days, but the lookback period still applies - it's just that the previous years contribute 0 days because they were exempt. The IRS has a calculator on their website that helps with this determination. The main thing to remember is that the transition typically happens around day 183 of your third calendar year in the US (assuming continuous presence).

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Amara Eze

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You're right about the nuance - I oversimplified. The exempt days from previous years are treated as if you weren't present in the US for those days. So in the SPT calculation, those days contribute 0 to the formula. So for someone who entered in January 2022, was present all of 2022 and 2023, but those days were exempt, then in 2024 they'd need to accumulate 183 actual physical presence days to meet the SPT threshold. This is why most J1 research scholars transition to resident status in early July of their third year. The IRS calculator is definitely helpful, but it's important to indicate your exempt status for those previous years when using it.

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If you're comfortable with basic tax concepts, I'd recommend just using your state's fillable PDF forms. I had the same issue last year and found that once I actually looked at the state forms, they weren't nearly as intimidating as I thought. Most of the numbers come straight from your federal return, and there are usually clear instructions. The state website should have free fillable PDFs you can type directly into, then print or e-file.

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Most state forms require your federal AGI and some calculations from your federal return, right? Do you just copy those numbers over from your federal return? I've always been confused about that part.

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Exactly right! You'll need your completed federal return in front of you. Most state forms start with your federal AGI (Adjusted Gross Income), then make state-specific adjustments from there. You literally just copy numbers from specific lines on your federal return. The state instructions will tell you exactly which federal form lines to reference. For example, it might say "Enter amount from Federal Form 1040, Line 11." Some states also have "adjustments" that add or subtract certain items that are taxed differently at the state level. But overall, if you have your federal return completed, you've already done the hard part!

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Honorah King

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Hang on - have you checked if your state has income tax at all? Not all states do! Alaska, Florida, Nevada, South Dakota, Tennessee, Texas, Washington, and Wyoming don't have state income tax, and New Hampshire only taxes investment income. If you're in one of those states, you don't need to file a state return at all!

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Mae Bennett

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Good point, but unfortunately I'm in a state that definitely requires filing. I wish I was in one of those no-income-tax states! Maybe someday I'll move lol.

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Oliver Brown

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Don't forget that some states with no income tax hammer you in other ways like high property taxes or sales tax. Texas property taxes are brutal! No free lunch when it comes to taxes.

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I'm a tax preparer and I just wanted to add that when listing your business activity description on Schedule C, be specific but concise. Instead of just "Photography," write "Photography Services" or "Professional Photography." This helps the IRS properly classify your business. Also, don't forget to fill out Part IV of Schedule C if you have any vehicle expenses! Many self-employed folks miss this part and it can raise red flags if you claim vehicle expenses without completing that section.

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The Boss

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Thank you! That's super helpful about being specific with the description. Would "Professional Photography and Videography Services" be too long for that field? And for Part IV vehicle expenses - I've been tracking my mileage to photo shoots. Is there a minimum amount of business miles before it's worth claiming?

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Professional Photography and Videography" Services is a perfect description -'it s clear and specific without being too long. The character limit gives you plenty of room for that.'There s no minimum threshold for claiming mileage expenses - if'you ve legitimately used your vehicle for business purposes, you can claim those miles. Even small amounts add up to deductions that save you money. Just make sure you have a mileage log with dates, destinations, purpose, and miles driven. The standard mileage rate for 2024 is 67 cents per mile, so those trips to photo shoots could add up to a significantdeduction.

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Don't forget to claim the home office deduction if you're editing photos at home in a dedicated space! Schedule C Line 30 lets you put the simplified deduction ($5 per square foot, up to 300 square feet). Easiest $1,500 deduction ever if you qualify!

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But be careful with home office deduction. I heard it's a big audit trigger. Is it really worth the risk?

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This might seem obvious but have you checked the mail carefully? My employer sent my W2 in an envelope that looked like junk mail and I almost threw it away. Some employers also use third-party payroll services like ADP or Paychex, and those might come separately from company correspondence. Also check if they offer electronic W2s through a payroll portal. Sometimes companies don't clearly communicate that they've gone paperless with tax forms.

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I've checked all my mail thoroughly and asked about electronic options too. They definitely haven't sent it either way. From what I've gathered talking to ex-coworkers, they're behind on their payroll administration for everyone, not just me. Just trying to figure out my options since they're being so difficult about it.

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You can also try contacting your state's Department of Labor about the W-2 issue. Many states have laws about this and can put additional pressure on the employer. I had to do this once and the employer suddenly "found" my W-2 real quick when the state labor department called them.

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Mei Wong

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This is good advice! I work in HR and employers definitely don't want the Department of Labor breathing down their necks. Mention the potential for penalties and they'll usually prioritize getting your W-2 out.

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Vince Eh

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Don't forget that if you're close to the threshold between standard and itemized, there's a strategy called "bunching" that might help. Basically, you alternate years - in one year you bunch together as many deductible expenses as possible and itemize, then the next year you take the standard deduction. For example, if you normally donate $3,000/year to charity, you could instead donate $6,000 in 2024, nothing in 2025, $6,000 in 2026, etc. Same total donations over time, but you might save more on taxes by itemizing every other year.

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Does this actually work? Seems like it might flag an audit if your deductions fluctuate wildly from year to year. Has anyone actually tried this strategy successfully?

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Vince Eh

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Yes, this absolutely works and is a completely legitimate tax strategy. The IRS doesn't flag you for audit simply because your deduction method changes year to year - millions of taxpayers switch between standard and itemized deductions regularly based on their financial circumstances. Bunching deductions is a recognized tax planning strategy discussed by CPAs and financial advisors. It works particularly well for charitable contributions because you have control over the timing. Many charities are even familiar with this strategy and can help you set up your donations appropriately. Just make sure you keep proper documentation for the years you itemize.

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Just double checking - when figuring out if you should itemize, you also need to consider your state taxes, right? Some states automatically give you a standard deduction equal to your federal deduction, but others let you itemize on state even if you take standard on federal. Might be worth checking?

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Ezra Beard

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This is an excellent point that gets overlooked! I live in California and we can itemize on our state return even if we take the standard deduction on federal. Saved me about $400 last year by doing standard federally and itemized on state. OP should definitely check their state's rules. It's not always an either/or situation between the two returns.

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