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For tax purposes, is my status nonresident alien or resident alien with 22+ years in the US?

I'm filling out a W-4 form for my new job, and I'm stuck on the very first question. ADP's digital form is asking if I'm a **nonresident alien** or a **US citizen or a resident alien** and I'm honestly confused about which option applies to me. Here's my situation: - Not a US citizen - Don't have a green card - I do have a valid SSN - I've lived in the US for about 22-23 years (came when I was a toddler, around 2-3 years old) - Never left the US since arriving According to the form, I'm considered a nonresident alien if I'm not a US citizen AND I don't meet either the green card test OR the substantial presence test for the calendar year. From what I understand, I might be a resident alien if I pass EITHER the green card test OR the substantial presence test. I definitely don't pass the green card test since I don't have one. For the substantial presence test, it says I need to be physically present in the US for: - At least 31 days during this year, and - 183 days during a 3-year period (counting all days in current year, 1/3 of days in previous year, and 1/6 of days from the year before that) Since I've been in the US continuously for over 20 years, I'm thinking I'm a **resident alien** for tax purposes? I've never left the country, so I should pass the substantial presence test, right? I just want to be 100% sure before I submit this form. Don't want to mess up and get in trouble with the IRS down the road! Any help would be super appreciated!

Diego Chavez

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Something important that nobody has mentioned yet - even if you're a resident alien for tax purposes, your IMMIGRATION status is completely separate. Being a tax resident doesn't give you any immigration benefits or protection. I learned this the hard way. I was a tax resident for years (filing as a resident alien) but still had issues with my immigration status. The IRS and USCIS don't share this information, and being compliant with tax laws doesn't help your immigration case. Make sure you're also working on your immigration status separately if that's a concern for you. Being a resident alien for tax purposes doesn't mean you're legally "resident" from an immigration perspective.

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Malik Thomas

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Thank you for bringing this up - that's really important info! My immigration status is actually something I'm working on separately. Do you know if there's any downside to being classified as a resident alien for tax purposes? Like does it create any complications for immigration applications later?

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Diego Chavez

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There's generally no downside to being classified as a resident alien for tax purposes when it comes to future immigration applications. In fact, having a consistent tax filing history is usually seen as a positive factor when applying for permanent residency or citizenship. What immigration officers typically look for is that you've been properly filing and paying taxes according to your correct status. If you're physically present enough to qualify as a tax resident, then filing as a resident alien is exactly what you should be doing. The important thing is consistency and honesty in your tax filings. The only potential complication would be if you were trying to maintain nonresident status in the US for some specific tax treaty benefit. But for someone in your situation who has been here continuously for 22-23 years, filing as a resident alien is appropriate and won't create immigration complications.

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Just curious - why don't you become a citizen if you've been here since you were a toddler? After 22+ years you'd definitely qualify under most paths to citizenship, and it would solve all these confusing status questions once and for all.

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Sean O'Brien

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Not everyone can "just become a citizen" - there are tons of complicated situations where someone might have been brought here as a child but doesn't have a straightforward path to citizenship. DACA recipients, for example, or people who fell out of status because of paperwork issues beyond their control. Plus, citizenship applications are expensive AF and take forever. My friend just spent over $4,000 on the process including lawyer fees.

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To add to what others have said, adding bank interest isn't a big deal but you definitely want to fix it. I'm a retired bookkeeper and have helped many people with small amendments like this. The reason banks send 1099-INT forms is because the IRS already knows about this income - the bank reports it directly to them. So if you don't include it, there's a mismatch between what the IRS knows you received and what you reported. For small amounts like $87, they might just adjust your tax bill automatically and send you a notice. If you use tax software, just look for the "amend return" option. It's usually pretty straightforward - you'll enter the additional income from the 1099-INT and submit the amendment electronically.

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Yara Khalil

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Thank you so much for explaining this! I had no idea the IRS already knows about the interest income. If they might adjust it automatically, should I still file an amendment or just wait to see if they send me a notice? I'm using TurboTax if that matters.

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I would definitely recommend filing the amendment yourself rather than waiting for the IRS to adjust it. When you handle it proactively, you're in control of the process and can verify everything is correct. If the IRS makes an automatic adjustment, they sometimes include penalties and interest that you might avoid by amending quickly. With TurboTax, it's really easy to amend. Just log into your account, look for the option to amend your return, and follow the prompts to add the 1099-INT. The software will fill out Form 1040-X for you and guide you through the process. It's actually much simpler than most people think, and for a small amount like $87, the additional tax will be minimal.

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Something similar happened to me last year! Just adding that if you had any tax withheld on that interest (check box 4 on your 1099-INT), make sure to include that in your amendment too. Sometimes banks withhold a small percentage for taxes. I overlooked this part when I amended for a forgotten 1099-INT and ended up overpaying slightly. Every dollar counts!

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CosmicVoyager

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Good point about the withholding! Also, OP, if this is the first time you've earned bank interest over $10 (the reporting threshold), don't feel bad about not knowing. The tax code is ridiculously complicated and nobody teaches this stuff in school.

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Dylan Wright

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There's one scenario where selling before long term might make sense that hasn't been mentioned yet. If you have capital losses to offset the gains, then the short vs long term question becomes less important. For example, if you have $10k in short term gains but also $10k in losses to harvest, they offset each other. This strategy is called tax-loss harvesting and can be really useful for managing your tax liability regardless of your bracket.

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NebulaKnight

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Does it matter if the losses are short term or long term when you're offsetting gains? Like can I use long term losses to offset short term gains?

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Dylan Wright

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Great question! The IRS has specific rules about how losses and gains offset each other. First, short-term losses are used to offset short-term gains, and long-term losses are used to offset long-term gains. If you have excess in either category, then you can use them to offset the other type. For example, if you have $10k in short-term losses but only $5k in short-term gains, you'd first offset those short-term gains completely. Then you'd have $5k in short-term losses remaining, which could be used to offset long-term gains. If you still have excess losses after offsetting all gains, you can deduct up to $3,000 against other income, and carry forward any remaining losses to future years.

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Sofia Ramirez

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I think everyone's missing an important point here - tax-advantaged accounts! If you're worried about capital gains taxes, you should be maxing out your 401k, IRA, HSA etc first before investing in taxable accounts. I'm in a similar income bracket ($230k household) and haven't paid a cent in capital gains taxes in years because most of my investments are in tax advantaged accounts. Only have to worry about this stuff for my brokerage account.

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Dmitry Popov

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This doesn't answer OP's question at all. They're clearly asking about taxable accounts where capital gains matter. Not everyone can fit all their investments into tax advantaged accounts especially at higher income levels where contribution limits are an issue.

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Has anyone had their credit rejected because of missing permits? I installed mine last summer and my electrician said I didn't need a permit for a basic Level 2 charger on an existing 240v dryer outlet. Now I'm worried after seeing this thread.

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Andre Moreau

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I claimed the credit last year for a similar setup, and it went through fine. I included a statement from my electrician certifying the installation met local code requirements, plus his license number. No issues with the IRS. The important thing is being able to document you followed local requirements. If you didn't need a permit, get something in writing stating that. Could be from your electrician, local building department, or even a printout of the relevant code section.

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Thanks, that's reassuring. I have the invoice from my electrician that states "installation complies with local electrical code" and includes his license number. I'll reach out to him for a more specific statement about the permit exemption just to be safe.

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Zoe Stavros

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So you're saying I can claim the 30% credit on my Tesla Wall Connector without a permit if my town doesn't require one? How much is the average credit people are getting? Just installed mine and paid around $1,800 for the charger + installation.

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Jamal Harris

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You can claim 30% of the costs for both the charger and installation up to a max credit of $1,000. So with your $1,800 total, your credit would be $540 (30% of $1,800). And yes, if your town doesn't require a permit, you don't need one for the credit - but document that exemption!

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Aisha Patel

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Something people often overlook - if your dependent has unearned income (like interest from a savings account) over $1,150, the reporting requirements can be different. Make sure you're tracking ALL their income sources, not just the W-2 wages!

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I don't think she has much unearned income, maybe like $20 in her savings account. But that's good to know for the future. At what point would I need to include her unearned income on MY return instead of hers?

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Aisha Patel

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With just $20 in interest, you definitely don't need to worry about it for this year. That's well below any reporting threshold. For your question about when unearned income goes on your return versus hers - you have options when a dependent has significant unearned income. If your dependent has unearned income over $2,300 (for 2024), you can either have them file their own return reporting it OR you can include it on your return using Form 8814. Many parents choose to include it on their return to simplify things, but sometimes it's more tax-advantageous to have them file separately. It depends on both your tax situation and theirs.

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LilMama23

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Has anyone used FreeTaxUSA for filing dependent returns? My son is working part-time and needs to file, but I don't want to pay the ridiculous fees that TurboTax charges for a simple return.

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Dmitri Volkov

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I used FreeTaxUSA for my daughter's return last year and it was great! Completely free for federal and only $15 for state. Super straightforward for dependent returns, especially if they just have W-2 income. Highly recommend.

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