Advice needed: am I a Non-resident alien or Resident alien for tax purposes? I see different guidances online

Context: im on F1 OPT, in a US college 2016-2020, started work in 2020

Any help greatly appreciated!

like
Posting as :
works at
You are currently posting as works at

For me, it was after 5 years!

like

You're a resident from 2021, meaning that next year you'll file taxes for 2021 income as a resident. Last year you were a nonresident and when you file this year, you'll get back your FICA taxes

like

OP may have never paid FICA, which is correct. But starting Jan 1 this year they have to pay

Reach out to your immigration tax person from school to confirm, they would be able to help you!

You are non resident for tax year 2020, the one you are filling now.

2021 will be your 6th year in F visa, so you will become resident this year, and you’ll file as resident next year

ALSO, and important. Since you’ll become resident this year, and residency is retroactive to the first day in this year, since Jan 1 you need to start paying FICA taxes, and your company should start withholding them already. You should check with them

F

Do the substantial presence test. It’s 3 years now or something. Check the official us govt page

Doesn’t matter when you start working, first 5 years on F-1 will be nonresident for tax purposes. Then on your 6th year you can file as resident for tax purposes. So in your case, 2016-2020 tax years are nonresident. When you file tax return for 2021 (which you will do in 2022), then you can file as resident

You’re welcome https://www.irs.gov/individuals/international-taxpayers/alien-residency-examples

Here’s a shady way to find out: Go to Turbo Tax and try to file a return with your information and it would direct you to Sprintax. If it does, that would indicate you need to file as Non-Resident.

More like the opposite. TurboTax never asks you visa or periods of stay, entry, etc questions and that’s why so many people end up filling incorrectly when they are NRAs, because TurboTax never warns them.

What OP has to do is to start in Sprintax. Sprintax asks the required questions, and if you are a RA, then it tells you you can’t use Sprintax

Related Posts

Depression and gut health/inflammation. I’ve recently been researching this topic but I’m just beginning. Any research or podcast reco’s?
I just listened to this by Joe Rogan- Dr Rhonda Patrick

like

Anyone else struggle to enter time daily? If you’ve overcome this hurdle, how did you do it? I keep a notebook for my time and then send it off to a secretary to enter but I still miss so much of it that I always have to go back through my emails.

like

In the offer letter it is written NSR is mandatory. Is it true they will ask to do that. I am a lateral hire

like

Hi, What's the scope for Java developer in Tata Elxsi?

Would Full time MBA be useful for M&A Tax? If I want to make partner, would think I need to have a network of business leaders. Wonder if the firm would pay for it. Would go for T7

like

Does anyone have tips for the structured interview process at a federal agency? I’m trying to transition from impact litigation at a non-profit to an agency focused on trade and consumer protection. I’ve received private sector offers but can’t seem to make it past the first round for federal government. I must have the appropriate credentials to receive an invitation at all and have researched behavioral interview prep—what am I missing?

like

Anyone feel like the Democratic Party is too ‘soft’ on Republicans? I feel like the Democratic Party is too scared to call out Republicans as far-right and increasingly authoritarian.

likefunny

Hi 🐠, I have cleared all the technical and managerial rounds in Oracle and BGV also completed.

My profile is UI developer.

Now few weeks ago I got the mail from recruiter that hiring freeze is done and my profile is under consideration only and now no one is responding to my mails.

May I know when the hiring unfreeze happen.

I have applied for Hyderabad work location.

like

What kind of multiples is used by buyout and growth equity investors (e.g., Hg Capital, Summit Partners, TA Associates) to value SaaS companies? Do they only rely on EBITDA multiples or use ARR/revenue multiples as well?

like

Is our job in wipro safe? On-boarding freezed, contract to hire freezed, oracle is laying off, worried now

like
like

Which one to join Optum : Data Scientist (20 lpa fixed) + 15% variable Amazon: Business Research Analyst 17(base) + 2.5(add on bonus) + 10 lakhs (stocks vested for 4 years) [first year 5%] Amazon Optum

Need to tell my building this week if I’m renewing my lease. My firm currently has a target date of returning to the office early fall. Anyone else hear anything about return dates? I don’t want to renew and waste money if we’re not actually going back until next year, but also don’t want to leave to just have to come back in 2 months.

like

Tesla announced return to office. How's the sentiment amongst the employees?

likefunnyhelpful

I am interviewing for a new position as a Senior Program Manager and I need to give a salary (I have asked for range but they won’t give it). I have 15+ years experience (PMP/CSM). This would be a for profit, international company. I am curious what others are being compensated at for this title (base, bonus structure)?

like

Hey Fishes, Just needed to know whats the pay scale at tekion corp for a software engineer role frontend. I got an offer for 27LPA, 27 lakhs stock options(4000 units vested over 4 years), and 1 lakh joining bonus. YOE: 2years current salary: 21LPA.

Is this good to go or can i negotiate and some reviews on the company would be appreciated

like

Has anyone taken a US CPA exam after the Canadian CFE? Can you share your experience? Was it as hard as the initial CFE?

like

Any idea when will the tax declaration for 2022-23 open on ADP?

like

Hi Team,

Few days back I had a post stating that I would be joining one of the consultancy by end of this month, my question was will my joining date be impacted due to the current tech layoff. Is there a way that the new employer can monitor the post and take necessary action?

like

Additional Posts in Global immigration

During these times, is it recommended to start working on H1B transfer receipt? Given that approval can take up to 7-8 months.

like

How long does the PERM approval take these days y’all?

like

Does EY file premium processing for I-140? EB2 here

like

I am on H1b visa and so is my wife. My visa stamp is expired, and if I go on H4 Ead and want to visit my country, how does coming back to US works? Need stamping or something with Ead?

like

Hi - I have one offer and I am awaiting few more. Can I ask the first employer to file my H-1 transfer and then also accept offer from second employer (if that offer comes in)? Can we have multiple...

Question. I just had my appointment to have my passport stamped for adjustment of status.. Does anyone have an idea how long is it taking to get the actual card in the mail?

like

How do you file your taxes as a work visa holder? L1 if that matters. Last year my company paid for a tax consultant but this year I need to do it on my own. Are there any recommended programs or services?

like

Are there chances of 2nd H1B lottery this year like last year (2020)?

like

Does Big 4 hires H1-B transfers for the positions that they originally don’t hire someone for who would go through H1-B lottery?

like

Anyone else waiting to hear whether your firm will do your green card sponsorship?
How long does that usually take for the firm to decide?

like

How do you guys deal with staying away from your parents/grandparents especially when they are at an age where they need you?

like

Folks when does the firm notify if your H1B has been picked in the lottery? Last attempt and I cannot remember when they got back to me the last time it didn’t get picked

like

Does EY allow CPT during a masters program?

like

Is anyone on the H4 and how long does it take for the process?

like

Has anyone created a USCIS account to track the status of applications filed by employers on your behalf? Do cases get added automatically when they are filed or do they need to be added manually? I just search manually using the receipt numbers as I get them. Any added advantage of creating the account.

like

Did any1 at Deloitte get approval for the 40 hour day 1 cpt rule from their TBA recently? Any advice/tips? UHburg said their cpt is 40 hours so immigration says business must approve.

like

I have an offer from a company to work remote and they’re saying that it shouldn’t be an issue for H1B and also for Green Card. Is this true..? I’m currently on H1B so will need to transfer & eventually request this new company to sponsor GC for me. I thought GC especially is location based & PERM testing would be more difficult if remote...

like

How to switch to other company in Canada when on a ICT visa

like

Has anyone who submitted their application with premium heard back?

How long does it take for H1b transfer to get approved on premium processing? Anyone went through this recently?

like

New to Fishbowl?

Download the Fishbowl app to
unlock all discussions on Fishbowl.
That was just a preview…
Sign Up to see all discussions
  • Discover what it’s like to work at companies from real professionals
  • Get candid advice from people in your field in a safe space
  • Chat and network with other professionals in your field
Sign up in seconds to unlock all discussions on Fishbowl.

Already a user?
Login here

Share

Embed this post

Copy and paste embed code on your site

Preview

Download the
Fishbowl app

See what’s happening in your industry
from the palm of your hand.

A phone with Fishbowl app

Scan your QR code to download
Fishbowl app on your mobile

Download app

Sign up for free to view this conversation on Fishbowl

By continuing you agree to Terms of Use and Privacy Policy

Already have an account? Log in

Sign up for free to continue using Fishbowl

By continuing you agree to Terms of Use(New) and Privacy Policy(New)
Messaging rates may apply

Already have an account? Log in

For account settings, visit Fishbowl on Desktop Browser or

General

Legal