Filing U.S. tax return as a non-resident alien

[Jöla 27]

Hi,

 

I am trying to finalize my 2019 U.S. tax return and not quite sure if I am doing everything correctly.

I have filed tax returns previously - see also my signature for previous visas / stays in the U.S.:

• 2016 - non-resident (using Glacier Tax)
• 2017 - non-resident (using Sprintax)
• 2018 - resident (using Turbotax and e-File)

 

Now for 2019, I tried using Turbotax again but it told me I cannot since I am either a non-resident or dual status alien.

I then switched to Sprintax and they say I am a non-resident since they claim an exemption for substantial presence test (so not even dual status) - which makes the tax return easier, albeit with a little lower of a refund.

 

My question is, is it even possible I am a non-resident for 2019, when I was considered a resident for 2018? Should I just file the return as prepared by the software, then see if the IRS accepts it or not? Has anyone had experience with a situation like this? Any input is appreciated, thanks.

[Crazy Cat 41,845]

On what basis were you a resident for tax year 2018?

[Jöla 27]

Substantial presence test. As I said, I used Turbotax. The IRS accepted my return and issued a refund.

Do you think it's possible filing as a resident was incorrect but they didn't catch that mistake?

[Wuozopo 4,293]

1 hour ago, Jöla said:

My question is, is it even possible I am a non-resident for 2019, when I was considered a resident for 2018? Should I just file the return as prepared by the software, then see if the IRS accepts it or not? Has anyone had experience with a situation like this? Any input is appreciated, thanks.

You would have to qualify on physical presence. Put in the correct dates for US presence in 2017, 2018, and 2019. The tax software will do the math for you and tell you if you have enough days based on an IRS formula. Believe what it calculates. 
 

33 minutes ago, Jöla said:

Substantial presence test. As I said, I used Turbotax. The IRS accepted my return and issued a refund.

Do you think it's possible filing as a resident was incorrect but they didn't catch that mistake?

Yes it’s possible if you gave TurboTax incorrect dates of presence or said you have a greencard. Nobody at IRS is going to research your personal travels or immigration status. TurboTax is only as good as the data you tell it. It you make up some things, you can trick the software and IRS unless they decide to audit you and ask you to document those dates.Try to be very accurate on your taxes. You don’t want to defraud the IRS, especially as a future immigrant.