Help needed filing 1040NR for the first time as new US resident
Hey everyone, I'm completely overwhelmed trying to figure out how to file my taxes using Form 1040NR. This is my first time filing as a non-resident alien in the US. I moved here in June last year on an H1-B visa and have been working at a tech company since then. I have my W-2 from my employer, but I'm confused about what qualifies as "effectively connected income" versus "not effectively connected income." Also, I'm not sure which tax treaty benefits I might be eligible for - I'm originally from India if that matters. My company offers TurboTax at a discount, but I don't know if it handles 1040NR forms properly. Does anyone have experience with this? Should I just bite the bullet and hire a tax professional instead? Any advice would be really appreciated since the filing deadline is approaching fast!
18 comments


StarSailor}
The 1040NR can definitely be tricky your first time! As someone who's helped many international professionals with their taxes, I can share some guidance. For your situation, if you're on an H1-B visa working for a US company, your salary is considered "effectively connected income" (ECI) because it's tied to work performed in the US. This goes on page 1 of the 1040NR. "Not effectively connected income" would typically be things like certain investments, royalties, or pensions from sources within the US but not tied to your work here. Regarding tax treaties, the US-India tax treaty does offer some benefits, but they're limited for H1-B holders. You might qualify for certain education expense credits if you were studying earlier in the year. As for tax software, TurboTax doesn't handle 1040NR very well in my experience. Consider using Sprintax or TaxAct, which are better designed for non-resident returns. If your tax situation is straightforward (just W-2 income), these should work fine. If you have investments or multiple income sources, a tax professional with international tax experience might be worth the investment.
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Miguel Silva
•Thanks for the detailed response! Does filing as a non-resident mean I can't take the standard deduction? Also, how do I know if I should be filing as a resident alien instead of non-resident? I've heard something about a "substantial presence test" but I'm not sure if that applies to me since I was only here for 7 months in 2024.
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StarSailor}
•You're right to ask about the standard deduction - as a non-resident alien filing 1040NR, you generally can't take the standard deduction. You'll only be able to claim certain itemized deductions like state/local taxes, charitable contributions, and some casualty losses. Regarding resident vs. non-resident status, the substantial presence test is key. Since you arrived in June, you were present for about 184 days in 2024 (roughly 7 months). This likely isn't enough to meet the substantial presence test in your first year. The test requires 31 days in the current year AND a total of 183 days over a 3-year period (counting all days in current year, 1/3 of days in previous year, and 1/6 of days in the year before that). Since this is your first year in the US, you'd likely file as a non-resident alien using 1040NR.
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Zainab Ismail
After struggling with my first 1040NR filing a couple years ago, I discovered taxr.ai (https://taxr.ai) and it was a game-changer. I uploaded my W-2 and previous tax documents, and it automatically identified that I needed to file as a non-resident and walked me through the specific sections of the 1040NR that applied to my situation. The best part was that it explained the effectively connected income vs. not effectively connected income distinction in simple terms, and even flagged potential tax treaty benefits I qualified for as someone from the UK. It saved me from paying an international tax specialist hundreds of dollars, and I felt confident my filing was accurate.
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Connor O'Neill
•Did it handle state tax filing too? I'm in California and heard non-resident aliens have to file state returns differently too. Was it expensive compared to other tax software?
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Yara Nassar
•I'm skeptical about these specialized tax programs. How does it compare to something like Sprintax? I used that last year but found it confusing when it came to treaty benefits. Does taxr.ai actually explain which specific treaty articles apply to your situation?
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Zainab Ismail
•Yes, it handled my state filing for New York which has some complicated rules for non-residents. It guided me through the specific state forms and even explained which deductions were allowed for state purposes versus federal. The interface syncs your information across both returns to save time. As for comparing to Sprintax, I found taxr.ai much clearer with treaty benefits. It actually referenced specific articles from my country's tax treaty and explained in plain language whether I qualified and why. It presents a summary of applicable treaty benefits based on your visa type, income sources, and country of citizenship - then lets you apply the ones that make sense for your situation.
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Yara Nassar
I was skeptical about specialized tax software at first, but after trying taxr.ai based on the recommendation here, I have to admit it solved my 1040NR problems! As someone from Brazil on a J-1 visa, I had unique tax treaty considerations that regular tax software couldn't handle. What impressed me most was how it broke down the "effectively connected income" concept and showed exactly which parts of my fellowship stipend were taxable versus treaty-exempt. It even generated a personalized statement explaining my treaty position to attach to my return. Filed both federal and state returns last weekend and already got confirmation they were accepted. Definitely less stressful than my experience last year trying to figure it all out on my own!
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Keisha Robinson
If anyone is struggling to get answers from the IRS about 1040NR questions, I highly recommend using Claimyr (https://claimyr.com). I spent WEEKS trying to reach the IRS International Taxpayer line with specific questions about my treaty benefits from Germany, but couldn't get through. Using Claimyr, I was connected to an actual IRS agent in under 25 minutes! They have a service that navigates the phone tree and waits on hold for you, then calls you once an agent is on the line. You can see exactly how it works in their demo video: https://youtu.be/_kiP6q8DX5c The IRS agent was able to clarify exactly which parts of the treaty applied to my situation and how to properly document it on my 1040NR. Saved me from potentially making a huge mistake on my return.
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GalaxyGuardian
•Wait, how does this actually work? Does it just call the IRS for you? I'm confused how this is different from just calling myself and waiting on hold.
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Paolo Ricci
•Sorry but this sounds too good to be true. The IRS international line has been impossible to reach for years. I find it hard to believe some service can magically get through when no one else can. I've tried calling at all hours of the day for weeks with no success.
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Keisha Robinson
•It doesn't just call the IRS - it uses an automated system that continually redials and navigates the phone tree until it gets through to a human agent. Instead of you personally waiting on hold for hours, their system handles that part, and you only get called when there's actually an agent ready to talk. I was definitely skeptical too before trying it. The IRS international taxpayer line is notoriously difficult to reach, which is exactly why this service exists. What makes it work is that their system can make hundreds of call attempts using different routing strategies that would be impossible for an individual to do manually. I had tried for three weeks straight before using Claimyr, calling at different times of day with no success. With Claimyr, I was connected to an agent the same day.
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Paolo Ricci
I have to admit I was completely wrong about Claimyr. After posting that skeptical comment, I was desperate enough to try it anyway since the filing deadline was approaching and I had critical questions about reporting foreign pension on my 1040NR. It actually worked exactly as described! Their system called me back about 40 minutes after I submitted my request, and there was an IRS international tax specialist on the line. She answered all my questions about treaty provisions and gave me specific line references for reporting my foreign pension correctly. What would have been a guaranteed audit trigger if I'd guessed wrong is now correctly documented on my return. Worth every penny for the peace of mind alone, not to mention the hours of hold time I avoided.
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Amina Toure
Random tip for 1040NR filers that helped me: If you're confused about treaty benefits, there's a free IRS Publication 901 "U.S. Tax Treaties" that breaks down the basics for each country. I found it way more understandable than trying to read the actual treaty text. Also, don't forget that as a non-resident, you might not be eligible for certain tax credits like the standard Earned Income Credit. I made that mistake my first year and had to file an amended return.
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Oliver Zimmermann
•Is Publication 901 updated for 2024 yet? I checked a few weeks ago and they still had the 2023 version online. Also, do you know if non-residents can claim education credits like the American Opportunity Credit? I took some classes last year.
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Amina Toure
•You're right that the official IRS website still has the 2023 version, but they don't typically update Publication 901 every year - only when treaty provisions change significantly. The 2023 version should still be applicable for most countries for your 2024 taxes. For education credits, non-resident aliens generally cannot claim the American Opportunity Credit. However, if you're from certain countries with specific education provisions in their tax treaties (like China, India, or several European countries), you might qualify for different education-related benefits. You'll need to check the specific article in your country's treaty that addresses students or education expenses.
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Natasha Volkova
Does anyone know if we can e-file 1040NR? I tried using FreeTaxUSA but it didn't support non-resident forms, and I really don't want to paper file and wait months for a refund.
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Javier Torres
•Yes, you can e-file a 1040NR but not with every software. I used OLT.com (OnLine Taxes) last year and was able to e-file my non-resident return. Sprintax also supports e-filing for 1040NR. Most free options don't support it though.
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