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Cedric Chung

Resident vs Dual Status Alien for Tax Filing with Green Card

I got my green card on March 12 last year and I'm trying to figure out how to file my taxes. I know there are two tests to be considered a resident: Green card test: I got mine on March 12 last year ✓ Substantial presence test: From March 12 to Dec 31, I was physically present in the US for 215 days (which is more than the required 183 days) ✓ So am I considered simply a resident for the entire tax year? Or should I still file as dual status (using 1040NR for Jan-Mar 12 and regular 1040 for the rest of the year)? Some additional info that might be relevant: I'm exempt from Social Security and Medicare taxes even as a resident, and my home country has a tax treaty with the US that allows for standard deduction on a 1040NR form. All my income comes from the university where I'm a full-time student. I'd really prefer to just file a single 1040 form if possible, but I'm confused about which filing status I should choose. Any help would be greatly appreciated!

From what you've described, you would be considered a dual-status alien for the tax year. When you receive your green card, you become a resident alien from that date forward (March 12 in your case). For the period before receiving your green card (January 1 - March 11), you would be considered a nonresident alien. For dual-status aliens, you typically file a 1040 for the resident portion of the year and attach a 1040NR as a statement for the nonresident portion. The 1040 would be your main return. On the top of both forms, you'll want to write "Dual-Status Return" clearly. Even though you passed the substantial presence test from March-December, that test doesn't retroactively make you a resident for the part of the year before you got your green card. The green card test is applied on a specific date (the day you became a permanent resident). Your tax treaty benefits can still apply for the nonresident portion of your return. Make sure to attach Form 8833 if you're claiming treaty benefits.

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Thanks for the detailed explanation! Just to be clear, I'll need to file a main 1040 form for March 12-December 31, and then attach a 1040NR for January 1-March 11? And write "Dual-Status Return" on both? Also, since I'm a student with income only from my university, does that make any difference in how I should approach this?

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Yes, you'll file a main 1040 for the resident period (March 12-December 31) and attach a 1040NR as a statement for the nonresident period (January 1-March 11). Write "Dual-Status Return" at the top of both forms. Being a student with only university income doesn't change the requirement to file as a dual-status alien, but it may affect other aspects of your return. If you're on a student visa (like F-1) that exempts you from Social Security and Medicare taxes, that exemption can continue even after getting your green card under certain tax treaties. Make sure to document this with your employer so they withhold correctly.

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I was in a similar situation last year and found great help using https://taxr.ai - it really simplified the whole dual-status alien situation for me. The system analyzed my green card date and all my documents, then explained exactly how to file correctly. I was confused about the same things - whether to file as resident for the whole year or use the dual status approach. Their document review feature was a lifesaver because I had several tax documents spanning both my nonresident and resident periods, and it automatically separated what belonged on each form. The tax treaty provisions were also correctly applied which saved me a bunch of money.

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Does taxr.ai actually handle dual status returns properly? I tried another tax software last year and it completely messed up my dual status filing and couldn't deal with the tax treaty provisions correctly. How detailed does it get with the university income specifically?

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I'm wondering if taxr.ai works well for state tax returns too? My state doesn't recognize dual status, and I had to file as full-year resident for state but dual status for federal which was a huge headache.

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Yes, taxr.ai handles dual status returns really well, including all the complexity around when to apply tax treaty benefits. It has specific sections for academic income like scholarships, fellowships, and teaching stipends, and knows how to apply the correct tax treatment to each portion. For state returns, the system does recognize that states often have different rules than federal. It builds the state return based on your residency status in that specific state, which was super helpful for me since my state also treated me differently than federal. It provides side-by-side guidance for both federal and state requirements.

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I tried https://taxr.ai after seeing it recommended here and want to give an update. It was exactly what I needed for my dual status situation with university income! The system correctly identified which income belonged on which form and applied my tax treaty benefits. Even had specific sections for academic income that other tax software completely missed. The best part was it caught that I qualified for a special provision in my country's tax treaty that let me claim additional education credits during the resident portion of the year - something I would have completely missed. Ended up getting almost $1,200 more on my refund than I expected. For anyone dealing with the green card/dual status confusion, definitely worth checking out. It made the whole process way less stressful.

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If you're having issues understanding which forms to file or getting clarification from the IRS, I highly recommend using https://claimyr.com to get through to an IRS agent quickly. I had a similar dual status/green card situation and was getting conflicting advice online, so I needed to speak directly with the IRS. I tried calling them for weeks with no luck - always got the "high call volume" message and disconnected. With Claimyr, I was connected to an IRS agent in about 15 minutes who confirmed exactly how to handle my dual status return with university income and tax treaty benefits. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c It was such a relief to get an official answer rather than stressing about whether I was filing correctly.

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This sounds suspicious... the IRS never answers the phone in 15 minutes. Was this during tax season? And did they actually give you specific advice about your situation or just general info?

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How much does this service cost? I've been trying to reach the IRS about my dual status question for three weeks with no luck. Is it worth paying for?

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Yes, this was during tax season (late March) when it's normally impossible to get through. The service doesn't replace IRS waiting times - it just keeps redialing until it gets through and then calls you when an agent is on the line. The IRS agent was able to answer my specific questions about dual status filing with my tax treaty and university income. The cost is on their website, and it was definitely worth it for me. I had already spent hours trying to call on my own with no success, and I needed an answer before the filing deadline. Getting that direct confirmation from the IRS gave me peace of mind that I was filing correctly.

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Just wanted to follow up about my Claimyr experience - I was the skeptic who didn't believe they could get me through to the IRS in 15 minutes. Well, I was wrong! Used the service yesterday after struggling for weeks to get through on my own. Got connected to an IRS agent in about 23 minutes (still impressive during tax season) who confirmed exactly how to handle my dual status filing with my green card situation. The agent walked me through the proper way to indicate my dual status on the forms and how to account for my tax treaty benefits. For anyone dealing with complicated international tax situations, being able to get definitive answers directly from the IRS is incredibly valuable. Saved me from potentially making a costly mistake on my return.

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One thing to consider that others haven't mentioned: if you were in the US in previous years as a student, those days might count toward your substantial presence test under the "lookback period" rules. If you were here for a significant time in the previous two years, you might actually qualify as a resident for the entire year under the substantial presence test, regardless of your green card date.

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That's interesting! I was actually here on a student visa for the previous 3 years before getting my green card. Would those days count toward making me a resident for the entire year? If so, that would simplify things a lot since I could just file a single 1040.

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Days present on an F-1 student visa are generally exempt from the substantial presence test for the first 5 calendar years you're in the US. If you've been here on an F student visa for only 3 previous years, those days likely don't count toward making you a resident. However, if you were on a different type of visa or if your status changed during those years, the rules might be different. The year you get your green card is usually a dual-status year unless you were already a resident alien under the substantial presence test before getting your green card.

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Might be worth checking if you qualify for the "First-Year Choice" election (sometimes called the "backdating rule"), which lets certain aliens who meet the substantial presence test in the year following their arrival treat themselves as US residents for part of the prior year.

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But that only applies if they weren't a resident at all in the previous year and then became a resident in the current year through the substantial presence test, right? Since OP got a green card midyear, I don't think it applies in this case.

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Based on your situation, you definitely need to file as a dual-status alien. The green card test makes you a resident from March 12 forward, but it doesn't retroactively cover the beginning of the year. Even though you passed the substantial presence test for the period after getting your green card, that doesn't change your status for January 1 through March 11. For your filing, you'll submit Form 1040 as your main return covering March 12-December 31 (resident period), and attach Form 1040NR as a statement for January 1-March 11 (nonresident period). Write "Dual-Status Return" at the top of both forms. Since all your income is from university employment and you mention being exempt from Social Security/Medicare taxes, make sure your employer is withholding correctly for both periods. Your tax treaty benefits can still apply to the nonresident portion - just remember to file Form 8833 if you're claiming treaty benefits. The dual-status filing might seem complicated, but it ensures you're getting the correct tax treatment for each period of the year. Don't try to simplify by filing as a full-year resident - it could cost you money or create compliance issues.

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This is really helpful, thank you! I'm new to this community and dealing with the same green card tax situation. One quick question - when you mention filing Form 8833 for treaty benefits, is that required even if I'm only claiming the standard deduction on the 1040NR portion? My tax treaty allows for the standard deduction but I'm not sure if that counts as a "treaty benefit" that needs to be reported separately. Also, do I need to calculate the income allocation between the two periods based on exact dates, or can I use a reasonable method like monthly proration?

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