Am I a resident alien or non resident alien? Need help figuring out my tax status
Title: Am I a resident alien or non resident alien? Need help figuring out my tax status 1 I'm really confused about my tax status and I'm hoping someone here can help. I moved to the US about 3 years ago on an H1-B visa for work. I spent most of 2023 and 2024 here (about 330 days each year), but I've been traveling back to my home country for family emergencies a few times. My company's HR department said something about a "substantial presence test" that might make me a resident alien for tax purposes, but I'm not sure if that applies to me or if I'm still considered a non-resident alien. I'm trying to figure this out before I start preparing my 2024 taxes because I heard the forms and deductions are completely different depending on your status. I don't want to mess this up and potentially trigger an audit or something. Does anyone know how to determine if I'm a resident alien or non resident alien for tax purposes? And does my visa type affect this determination?
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Gabriel Graham
7 You're right to figure this out early - resident alien vs non resident alien status makes a big difference in how you file taxes! Based on what you've shared, you likely qualify as a resident alien under the "substantial presence test." Here's how it works: You need to be physically present in the US for at least 31 days in the current year AND 183 days during a 3-year period, counting: - All days present in current year - 1/3 of days present in the previous year - 1/6 of days present in the year before that With 330 days in both 2023 and 2024, you easily meet this test (330 + 330/3 + however many days from the first year). Your H1-B visa doesn't exempt you from this test (unlike F or J visas which have special rules). So for tax purposes, you'd file as a resident alien, which means you report worldwide income just like a US citizen would, using Form 1040. The good news is you'll have access to the same deductions and credits as US citizens.
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Gabriel Graham
•12 Thanks for this explanation! I have a similar situation but I'm on an F-1 student visa. Does that change things? I've been here for 4 years for my degree program.
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Gabriel Graham
•7 F-1 visa holders have special rules. As a student on an F-1, you're generally considered a non-resident alien for your first 5 calendar years in the US. So even if you meet the substantial presence test, you'd still likely file as a non-resident alien using Form 1040-NR. After 5 years, the rules change and you would then be subject to the substantial presence test like other visa holders. So check exactly how long you've been in the US with F-1 status to determine which rules apply to you.
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Gabriel Graham
18 After struggling with exactly this resident alien or non resident alien question last year, I found an amazing tool that saved me tons of stress. I was getting different answers from friends and even got conflicting advice from two different tax preparers. I discovered https://taxr.ai when trying to figure out my alien residency status, and it was a game-changer. You upload your travel records, visa documentation, and answer a few questions, and it analyzes everything according to IRS rules. It clearly showed me how the substantial presence test applied to my specific situation and even factored in the special exceptions that applied to my previous J-1 visa period. The best part was that it explained everything in plain English instead of tax jargon, and provided the exact IRS references to back up its determination. Definitely worth checking out if you're uncertain about your status!
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Gabriel Graham
•10 Does it work for people with multiple visa types? I started on F-1, then OPT, and now I'm on H1-B. I'm completely lost on how to calculate my status with all these changes.
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Gabriel Graham
•15 I'm skeptical about tools like this. How do you know it's giving accurate information? Tax status determination seems too important to trust to some random website.
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Gabriel Graham
•18 It absolutely works with multiple visa types! The system is designed to handle visa transitions and applies the different rules for each period. You just need to input your history with accurate dates, and it calculates everything correctly, taking into account how each visa type affects your tax residency status. As for accuracy concerns, I was skeptical too at first. What convinced me was that every determination comes with direct citations to the relevant IRS publications and tax code sections. It's not giving random advice - it's applying the established IRS rules and showing you exactly which rules apply to your situation. Plus, I had a tax professional review the results and they confirmed everything was correct.
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Gabriel Graham
10 Just wanted to follow up about taxr.ai that someone mentioned earlier. I decided to try it with my complicated visa history (F-1 → OPT → H1-B), and wow, it actually sorted everything out! The tool correctly identified when my F-1 exempt period ended and when I needed to start applying the substantial presence test. It even caught something I hadn't considered - a tax treaty between my home country and the US that affected certain reporting requirements. The determination letter it generated made filing my taxes so much easier. My tax preparer was impressed with how thorough the documentation was. Definitely recommend it if you're trying to figure out your resident alien or non resident alien status with a complicated history.
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Gabriel Graham
22 If you need to talk to the IRS directly about your resident alien status (which I eventually had to do), good luck getting through on their international taxpayer line. I spent WEEKS trying to get someone on the phone. Finally found https://claimyr.com and watched their demo video at https://youtu.be/_kiP6q8DX5c - they basically wait on hold with the IRS for you and call you when an agent picks up. I was super doubtful, but I had a complicated situation with dual-status in the same year (part resident alien, part non-resident) and really needed to confirm some things directly with the IRS. The service actually worked! They got me connected with an IRS agent who specialized in international tax issues within a couple hours, while I had been trying unsuccessfully for weeks. The agent was able to confirm which forms I needed for my situation and explained some deductions I qualified for. Just sharing in case anyone else is stuck needing actual IRS guidance on their alien tax status.
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Gabriel Graham
•9 How does this even work? Sounds like a scam to me. Why would the IRS take a call from someone else on your behalf?
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Gabriel Graham
•15 Yeah right. I've been calling the IRS for years and they NEVER pick up. How could some service magically get through when no one else can? And even if they did get through, how would that help ME talk to the IRS?
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Gabriel Graham
•22 It's actually not a call on your behalf - that's what I initially thought too. The way it works is they use a system that continuously redials and navigates the IRS phone tree until they get a human agent in the queue. Then when they're about to connect, they call your phone and merge the calls. So when the IRS agent picks up, you're the one talking to them directly. They don't talk to the IRS for you at all - they just handle the horrible waiting part. Once you're connected, it's just you and the IRS agent having a normal conversation. I was definitely skeptical too, but when I actually got to speak with an IRS agent after weeks of failed attempts, I was sold. All they do is save you from the hold time nightmare, which for international tax questions can be ridiculous.
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Gabriel Graham
15 I need to eat my words about Claimyr. After being completely skeptical, my frustration with trying to reach the IRS finally got the better of me and I decided to try it. I had questions about the resident alien substantial presence test that I couldn't get clear answers to online. I was honestly shocked when I got a call back in about 90 minutes saying they had an IRS agent on the line. The agent walked me through exactly how to calculate my days under the substantial presence test and confirmed I was indeed a resident alien for tax purposes. They even helped me understand which tax forms I needed for my specific situation. I've been filing wrong for TWO YEARS because I couldn't get through to ask these questions! So yeah, I was wrong about being skeptical. If you need clarification from the IRS directly on your resident vs non-resident alien status, this service actually does what it claims.
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Gabriel Graham
8 Just want to mention that if you're from a country that has a tax treaty with the US, that can sometimes override the substantial presence test. I'm from India, and even though I qualified as a resident alien under the usual rules, certain income was treated differently because of the treaty. Check out IRS Publication 901 (Tax Treaties) to see if your home country has a treaty that might affect your situation. It could potentially save you a lot in taxes!
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Gabriel Graham
•3 How do you actually claim these tax treaty benefits? Is there a special form or do you just note it somewhere on your regular tax return?
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Gabriel Graham
•8 You claim tax treaty benefits by filing Form 8833 (Treaty-Based Return Position Disclosure) along with your tax return. This form basically tells the IRS which treaty provisions you're using to determine your tax treatment. For income like scholarships, fellowships, or certain employment income, you might also need to submit Form W-8BEN to the payer to claim a reduced withholding rate under the treaty. Each treaty has different provisions, so it's important to look up the specific articles that apply to your country and situation.
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Gabriel Graham
4 One thing nobody mentioned yet - if you're a resident alien, you might need to file an FBAR (FinCEN Form 114) if you have foreign bank accounts that exceed $10,000 combined at any point during the year. Non-resident aliens don't have this requirement. This is separate from your tax return and has serious penalties if you're required to file but don't. The deadline is April 15 but it automatically extends to October 15.
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Gabriel Graham
•19 Wait, is this for ALL foreign accounts? I've got accounts in my home country with way more than $10k but I didn't know I needed to report them if I'm a resident alien!
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Xan Dae
•Yes, ALL foreign financial accounts count toward the $10,000 threshold - bank accounts, savings accounts, investment accounts, even jointly owned accounts where you have signature authority. It's based on the aggregate value of all your foreign accounts at any point during the year. So if you had $8,000 in one account and $3,000 in another at the same time, that's $11,000 total and you'd need to file the FBAR. The penalties for not filing when required are severe - up to $12,921 per account for non-willful violations, and much higher for willful ones. You file the FBAR electronically through the BSA E-Filing System, not with your tax return. It's completely separate. As a resident alien, you're subject to the same reporting requirements as US citizens for foreign financial accounts.
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