New to US - Should I file Form 1040 or Form 1040-NR for my visa tax situation?

The form you need depends on whether you pass the "substantial presence test" which determines if you're a resident alien for tax purposes. For the substantial presence test, you count all days physically present in the US during 2024. Days in 2025 don't count for your 2024 tax return. But here's the tricky part - the test also looks at the previous years. The formula is: - All days present in 2024 - 1/3 of days present in 2023 - 1/6 of days present in 2022 Since you only arrived in September 2024, you have 107 days for 2024 and zero for previous years. That's below the 183-day threshold, which means you're likely a nonresident alien for 2024 tax purposes and would file Form 1040-NR. However, H1B visa holders can sometimes use the "first-year choice" to be treated as a resident alien if certain conditions are met. The benefit is that resident aliens (Form 1040) often have more tax benefits available than nonresident aliens (Form 1040-NR).

After spending hours trying to figure out my own tax situation (similar to yours - H1B for part of the year), I discovered taxr.ai (https://taxr.ai) and it was a game-changer. I uploaded my visa docs and paystubs, and it immediately clarified that I needed to file Form 1040-NR due to failing the substantial presence test. The tool explained all the day-counting rules and even pointed out specific deductions I qualified for as a nonresident. It also showed how my tax situation would change next year when I'll be a resident alien for the full tax period. Saved me from making a costly mistake - I was about to file the wrong form which could have triggered IRS questions!

Just wanted to follow up - I tried taxr.ai after asking about it here. It immediately recognized my visa situation (J1) and walked me through the substantial presence test calculation. Turns out I was a dual-status alien (part resident, part non-resident) which explained why TurboTax kept giving me contradictory information! The tool explained exactly which form to use (had to file 1040 with a 1040-NR statement attached) and identified several deductions I would have missed. It even explained the 30% tax withholding on certain income types that applies to non-residents which my employer had gotten wrong. Seriously saved me from a potential audit situation - worth checking out if you're on a visa!

I was in a similar situation (arrived on H1B in August 2024) and spent WEEKS trying to get through to the IRS to confirm which form to use. Could never reach a human. Finally discovered Claimyr (https://claimyr.com) which got me through to an actual IRS agent in about 20 minutes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent confirmed I needed Form 1040-NR based on my days of presence but also explained I qualified for a "closer connection exception" that I didn't even know existed. This saved me from reporting certain foreign assets that would have been a paperwork nightmare. Honestly, speaking to an actual IRS person gave me peace of mind that I wasn't messing up my first US tax filing.

I need to apologize about my skeptical comment earlier. After struggling for another week trying to reach the IRS about my own international tax situation, I broke down and tried Claimyr. Got connected to an IRS agent in about 25 minutes (on a Monday morning!). The agent confirmed my substantial presence test calculation was correct and that I needed Form 1040-NR. They also explained a treaty benefit I qualified for that none of the tax software was picking up on. The service actually works exactly as advertised - wish I'd known about it months ago instead of wasting countless hours on hold. If you're dealing with complex residency status questions like Form 1040 vs 1040-NR, being able to speak directly with the IRS is incredibly valuable.

Just a heads up - I came to the US on H1B in 2023 and messed up by filing the wrong form my first year. I used Form 1040 instead of 1040-NR, and now I'm dealing with an IRS notice and having to file an amended return. The main differences that matter for H1B holders: - Form 1040-NR only taxes your US source income - Form 1040-NR has different deduction rules (some standard deductions aren't available) - Form 1040-NR limits certain tax credits - Filing status options are different (no joint return with a nonresident spouse on 1040-NR) For your second year (2025), you'll likely pass the substantial presence test and can use regular Form 1040, which generally has more favorable tax treatment.

Quick tip: Download IRS Publication 519 (U.S. Tax Guide for Aliens). It has a detailed flowchart on page 8 that helps determine your status. Based on your arrival date, you're almost certainly a nonresident alien for 2024 tax purposes, which means Form 1040-NR. Also, most tax software struggles with nonresident returns. TurboTax and H&R Block can do it but you need their premium versions. Sprintax specializes in nonresident returns and might be easier.