When does my tax residency officially begin for 2024 after getting green card?
I recently got my green card and officially became a lawful permanent resident (LPR) on October 12, 2024. Before getting my green card, I was coming to the US on a tourist visa (B2) pretty regularly over the past few years with these stays: 2024: About 55 days (from late April) 2023: Around 120 days 2022: Approximately 95 days I'm trying to figure out exactly when I'm considered a US tax resident for 2024. Is it: 1. Starting October 12, 2024 when I actually got my green card and became an LPR, or 2. Some earlier date because of all my previous stays under the substantial presence test? I'm really confused about this because I've heard different things from friends. Also wondering - if I just report my tax residency starting from my green card date (Oct 12), but it turns out I should have used an earlier date based on my stays, will this cause problems with the IRS or trigger some kind of audit? Really appreciate any help on this!
19 comments


Ethan Brown
You have two separate tests for determining tax residency: the green card test and the substantial presence test. If you meet either one, you're considered a US tax resident. For the green card test, you're considered a US resident for tax purposes starting on the date you received your green card (October 12, 2024). This is straightforward. For the substantial presence test, you need to have been 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 in current year, 1/3 of days from previous year, and 1/6 of days from the year before that. So that's: 55 days (2024) + 120/3 days (2023) + 95/6 days (2022) = 55 + 40 + 16 = approximately 111 days, which is less than 183. Based on your information, you don't meet the substantial presence test, so your tax residency starts October 12, 2024 - the day you became an LPR.
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Yuki Yamamoto
•Thanks for explaining, but I'm still a bit confused. Does this mean I only have to report income I earned after October 12? What about my worldwide income from before that date? And what specific forms should I be filling out since I'm a partial-year resident?
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Ethan Brown
•For 2024, you'll file as a dual-status alien, generally using Form 1040 for the resident portion (Oct 12-Dec 31) and Form 1040-NR for the non-resident portion (Jan 1-Oct 11). For the period you were a non-resident alien (before Oct 12), you only report income from US sources. Once you became a resident (after Oct 12), you must report your worldwide income. Dual-status returns can be complex, so you might want to consult with a tax professional who specializes in international taxation.
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Carmen Ruiz
I went through this exact situation last year and spent hours trying to figure it out before I found taxr.ai (https://taxr.ai). Their system analyzed my entry/exit dates and residency situation and gave me a clear determination on my exact tax residency start date. The substantial presence test calculations can get super confusing, especially with multiple entries and exits. Their tool confirmed I wasn't a tax resident until my green card date, which saved me from paying US taxes on my foreign income earned earlier in the year. Might be worth checking out since your situation seems pretty similar to what I dealt with.
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Andre Lefebvre
•Did they just calculate the dates or did they also help with the actual filing? I'm in a similar boat but also have foreign investments and I'm worried about PFIC reporting and all that complicated stuff.
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Zoe Dimitriou
•How accurate is this tool really? Seems like a tax preparer would know better than some website, especially for something as important as tax residency. Did you have to submit any supporting docs or just enter dates?
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Carmen Ruiz
•They calculated my exact residency start date and provided a detailed explanation of how they arrived at it. They don't prepare the full tax return, but they gave me documentation I could give to my accountant which made the whole process much smoother. For foreign investments and PFIC reporting, they flagged those issues and gave me guidance, but you'd still need an accountant to handle the actual filing of those forms. The report they generated was super helpful for my accountant though. The tool is actually very accurate - they use the same residency determination rules the IRS uses. You enter your travel history, visa status changes, and they run it through their algorithm. You can upload supporting documents like I-94 records and they'll verify everything. Their determinations come with IRS citations so your preparer can double-check.
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Zoe Dimitriou
Just wanted to update - I decided to try taxr.ai after my skeptical question above, and I'm honestly impressed. I've been going back and forth between different countries for work and was totally confused about my tax status. The site analyzed my travel patterns and gave me a super clear breakdown of which test applied to me and exactly which date my tax residency began. What surprised me was how thorough the explanation was - they cited specific IRS publications and explained why certain days counted or didn't count toward the substantial presence test. Made the whole process so much easier, and now I have documentation to back up my filing position if there's ever a question.
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QuantumQuest
If you're still struggling with the IRS after figuring out your residency status, I highly recommend Claimyr (https://claimyr.com). I had a complicated residency situation last year and needed to speak directly with the IRS to confirm some details, but their phone lines were impossible to get through. Claimyr got me connected with an actual IRS agent in about 20 minutes when I had been trying for weeks on my own. They have this system that waits on hold for you and calls you back when an agent picks up. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with gave me official confirmation about my residency start date and how to handle my specific situation, which gave me peace of mind that I was filing correctly.
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Jamal Anderson
•Wait, this seems too good to be true. They somehow magically get through the IRS phone system when nobody else can? How does that even work?
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Mei Zhang
•Sounds like a scam tbh. The IRS phone system is designed to be equal access for everyone. I doubt some third party has special access. And why would you pay for something you can do yourself for free if you're just patient enough?
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QuantumQuest
•They don't have any special access to the IRS - they just use technology to navigate the phone system and wait on hold for you. When you call the IRS directly, you either get a "we're too busy" message and get disconnected, or you wait on hold for hours. What Claimyr does is keep trying to get through the initial screening and then wait on hold for you. When an agent finally picks up, they call you to connect with the agent. It's not magic, just smart automation of a tedious process. I was skeptical too, but after trying to get through for three weeks on my own, I was desperate. It worked exactly as advertised. And regarding the cost - my time is valuable. Spending hours on hold repeatedly cost me more in lost productivity than what I paid.
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Mei Zhang
I need to apologize and correct myself. After posting that skeptical comment about Claimyr, I decided to try it myself since I've been trying to reach the IRS about an incorrectly filed 1099 for weeks. I'm honestly shocked at how well it worked. I got connected to an IRS representative in about 25 minutes when I'd previously wasted hours getting disconnected. The agent was able to look up my tax residency determination from when I got my green card last year and confirm I had filed correctly. For anyone dealing with residency questions like the original post, speaking directly with the IRS gave me definitive answers that my accountant wasn't 100% sure about. Definitely worth it for the peace of mind alone.
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Liam McGuire
Just a heads up on the substantial presence test - don't forget there's an "exempt individual" provision that might apply to you. If you were on certain visa types before getting your green card (like F, J, M, Q), some of those days might not count toward the substantial presence test. Also, even if you do meet the substantial presence test, there's the "closer connection exception" if you can prove stronger ties to another country. But once you get the green card, that's a clean break - you're a resident from that date forward regardless of the substantial presence test.
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Amara Eze
•Does the exempt individual provision apply to B2 tourist visas too? I'm in a similar situation but was on tourist visa before my green card.
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Liam McGuire
•No, the exempt individual provision doesn't apply to B2 tourist visas. It mainly applies to students (F visa), teachers/researchers (J visa), and a few other specific categories. When you're on a B2 tourist visa, all of those days count toward the substantial presence test calculation unless you qualify for the medical condition exception (if you couldn't leave due to a medical emergency).
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Giovanni Ricci
I just went through this situation! One thing to remember is you need to file Form 8843 if you're claiming the closer connection exception to the substantial presence test. And keep super detailed records of your entry/exit dates - I learned the hard way that the IRS and CBP records can sometimes differ from what you remember.
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NeonNomad
•What documents did you use to prove your entry/exit dates? I've been trying to get my I-94 travel history but the CBP website only shows the last 5 years and I need older data.
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Mateo Martinez
For older I-94 records beyond what's available on the CBP website, you can file a Freedom of Information Act (FOIA) request with CBP. Form G-639 is what you need - it's specifically for requesting immigration records. It can take several months to get a response, so file it as soon as possible if you need those records for tax purposes. Alternatively, if you have old passports with entry/exit stamps, those can serve as documentation. Some people also keep airline tickets, hotel reservations, or credit card statements that show transactions in specific countries on certain dates - these can help establish your travel timeline. Just make sure whatever documentation you use is consistent and complete. The IRS wants to see a clear pattern of when you were physically present in the US versus abroad.
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