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Ask the community...

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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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Something no one mentioned yet - as a self-employed person filing as head of household, you should also look into the qualified business income deduction (QBI). You might be able to deduct up to 20% of your self-employment income on top of the HOH benefits! Also, keep track of all your work expenses. As a 1099 contractor, you can deduct them on Schedule C. And don't forget to make quarterly estimated tax payments to avoid penalties.

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Thanks for bringing this up! I've been making quarterly payments but didn't know about the QBI deduction. With my income being around $40k, would I qualify for the full 20%? And does filing as head of household affect the QBI calculation at all?

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At your income level of around $40k, you would qualify for the full 20% QBI deduction with no reductions or phase-outs. The QBI limitations don't kick in until much higher income levels (over $170k for single/HOH filers). Filing as head of household doesn't directly affect the QBI calculation, but it does affect your overall tax situation positively. The HOH status gives you better tax brackets and higher standard deduction, while the QBI is calculated based on your qualified business income from self-employment. They work separately but combine to reduce your total tax burden.

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Nia Williams

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Make sure your ex isn't also trying to claim HOH! My ex and I both tried one year (we each have one kid living with us) and we both got audited. The IRS makes you prove which home the child lived in for most of the year.

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Luca Ricci

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What kind of proof did they ask for? I'm worried about this exact situation.

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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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Alfredo Lugo

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One practical tip that helped me with self-employment taxes was setting up a separate business checking account right away. I transfer 30% of every payment I receive into a dedicated tax savings account. This made quarterly estimated payments way less stressful because I always had the money set aside. I use the free Schedule C worksheet from the IRS website to track income and expenses throughout the year, which makes filling out the actual forms much easier when it's time. Also, don't overlook business deductions! Things like your home internet, cell phone (if used for business), home office space, professional subscriptions, and even health insurance premiums can potentially be deductible.

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Sydney Torres

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How do you decide what percentage of things like internet and cell phone to deduct when you use them for both personal and business purposes? I've heard conflicting advice about this.

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Alfredo Lugo

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The general rule is to deduct the percentage that you use for business purposes. For example, if you use your cell phone about 60% of the time for business calls/emails/etc., then you can deduct 60% of your cell phone bill. It's important to have some reasonable basis for determining these percentages. Some people keep logs for a sample period (like tracking business vs. personal internet usage for a few weeks) to establish their percentage. Others base it on time spent working vs. personal time. Whatever method you choose, just be consistent and make sure you can explain your reasoning if asked.

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Does anyone know if using tax software like TurboSelf-Employed or H&R Block Self-Employed makes this process easier? I'm trying to decide if it's worth the cost or if I should just try to figure it out manually.

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Caleb Bell

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I've used TurboSelf-Employed for the past two years and it's definitely worth it for me. It walks you through all the self-employment forms step by step and automatically calculates your quarterly estimated payments. It also helps identify deductions I would have missed on my own. The expense categorization feature saves me tons of time - it learns which categories to assign to recurring expenses. And it keeps a running estimate of what I'll owe so there are no surprises at tax time.

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One thing nobody has mentioned yet - have you considered the Section 179 deduction for some of your business assets? You might be able to immediately expense some purchases rather than depreciating them over time. Doesn't work for inventory you're reselling, but could help with storage equipment, computers, etc.

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Thanks for mentioning Section 179! I do have some shelving units and a computer system I use exclusively for the business. Would those qualify? And what's the max I can deduct this way?

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Those shelving units and computer

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Lucas Bey

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Maybe I'm missing something, but it seems like you're conflating cash flow with profit. Just because you use your profits to pay down debt doesn't mean you're not making a profit for tax purposes. They're separate calculations.

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Exactly this! I made this same mistake my first two years in business. The IRS doesn't care what you do with your profits - reinvest them, pay debt, whatever. They care about revenue minus deductible expenses. Paying down loan principal isn't a deductible expense.

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