Resident Alien vs Non-Resident Alien Status - Confused About My Classification

Your confusion is totally understandable! The resident vs. non-resident alien status can be tricky, especially with previous stays in the US. For F1 students, you're generally considered an "exempt individual" for the Substantial Presence Test for the first 5 calendar years in the US. This means those days don't count toward the 183-day calculation that would otherwise make you a resident alien. However, there's a catch: previous stays in the US within the last three years can affect your current status. The system looks at your entire history of presence, not just your current stay. Since you were here from 2013-2016, and then returned in 2023, the software might be calculating that you've used up your exempt period. Also important - the exempt period isn't necessarily consecutive. It's about the total calendar years you've claimed the exemption. I'd recommend filling out Form 8843 (Statement for Exempt Individuals) along with either Form 1040-NR (if you're non-resident) or Form 1040 (if you're resident). You might need to calculate exactly how many exempt years you've used.

Just wanted to share my experience with a similar situation. I was struggling with the exact same resident vs non-resident alien confusion last year! After hours of frustration, I discovered https://taxr.ai which literally saved my sanity. I uploaded my visa documents and previous tax returns, and their system analyzed my specific situation considering all my previous stays. They determined exactly how many exempt years I had used up and gave me a clear answer on my correct filing status. The best part was they explained WHY I was classified that way based on my specific history in the US. They also helped me understand which forms I needed to file based on my status (the whole Form 8843/1040NR vs 1040 confusion). Might be worth checking out since your situation sounds pretty similar to what I went through!

Just wanted to update everyone - I ended up using https://taxr.ai after seeing it mentioned here, and it was exactly what I needed! I uploaded my passport stamps, visa history, and previous tax returns. Their system showed me a complete timeline of my US presence and clearly identified where I stood with the Substantial Presence Test. Turns out I had already used 3 exempt years during my previous stay, so I only had 2 exempt years left in my current F1 period. The analysis showed I was actually a non-resident alien for 2024 (contrary to what TurboTax told me), but I'll become a resident alien next year once my exempt period runs out. They even generated the right forms for me (1040NR and 8843) with instructions on what to report. Definitely recommend for anyone with a complicated immigration history - saved me from potentially filing incorrectly!

If you're still struggling to get a definitive answer about your tax status, you might want to consider talking directly with the IRS. I was in a similar situation last year with confusion about my J1 visa status. After weeks of getting nowhere with online resources and tax software, I found https://claimyr.com which got me connected to an actual IRS agent in under 30 minutes! You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent I spoke with reviewed my entry/exit records and previous tax filings and gave me an official determination on my status. They explained exactly how the 5-year exemption applied to my specific situation and even noted it in my account so I wouldn't have issues if I got audited later. Having an official IRS determination really gave me peace of mind since I was getting so many contradictory answers from other sources.

I have to follow up and admit I was completely wrong about Claimyr! After posting my skeptical comment, I decided to try it myself since I had an issue with my amended return that I'd been avoiding dealing with. The service actually worked exactly as described. I entered my phone number, and their system called the IRS and navigated through all the prompts. I got a text when an agent was reached (took about 50 minutes), and then my phone rang with the IRS agent already on the line. The agent accessed my tax records and helped resolve my resident status question on the spot. They confirmed I needed to file as a resident alien because I had already used up my exempt period from previous stays (exactly like what was discussed earlier in this thread). Saved me hours of frustration and gave me a definitive answer directly from the IRS. Sorry for being so skeptical before!

One important thing to consider that hasn't been mentioned yet - the "substantial presence test" works differently for F1 students vs other visa types. For most visa holders, you're a resident alien if you're in the US for 183 days in the current year OR using the formula: all days in current year + 1/3 of days in first preceding year + 1/6 of days in second preceding year. But F1 students get a special exemption for the first 5 calendar years. After that, you follow the regular substantial presence test. Your timeline suggests you might be right on the edge of this 5-year period depending on how many months you were present each year from 2013-2016.

Don't forget about tax treaties! Depending on what country you're from, there might be provisions in the tax treaty between your home country and the US that could affect your tax status. Some treaties have special rules for students that extend beyond the normal 5-year exemption period. Worth checking if your country has such provisions!

This is such a common confusion for people with complex visa histories! I went through something very similar a few years ago. One thing that might help clarify your situation: the IRS has a specific worksheet in Publication 519 (U.S. Tax Guide for Aliens) that walks you through determining your status step by step. It's called the "Substantial Presence Test" worksheet and includes special calculations for students. Since you mentioned TurboTax classified you as a resident but you expected to be non-resident, I'd recommend double-checking a few things: 1. Did you file Form 8843 in previous years (2013-2016)? This form is required for exempt individuals and helps establish your exemption history. 2. Make sure to count ALL days of physical presence, including partial days (arrival/departure days count as full days for the test). 3. Check if your home country has a tax treaty with the US that might provide additional student exemptions beyond the standard 5 years. The good news is that if you determine you filed incorrectly, you can always amend your return. But getting it right the first time will save you hassle later! Also, keep detailed records of your entry/exit dates - I-94 records are available online and can help you reconstruct your presence history accurately.