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On 1/5/2024 at 9:14 PM, Kassyrose20 said:

Hello,

 

I hope i am on the forum, please move post to the correct one if i am not. So the people who come here though the humanitarian program, if they been working can they file taxes with their kids?

So if the taxpayer been in the US all year with TPS or Asylum pending, should they file as resident alien or they are still non resident alien? this remain a confusion to me. 

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1 hour ago, Kassyrose20 said:

So if the taxpayer been in the US all year with TPS or Asylum pending, should they file as resident alien or they are still non resident alien? this remain a confusion to me. 

IRS uses the word “resident” diffetently to USCIS. 

 

https://www.irs.gov/taxtopics/tc851

 

My reading .. From this link.. If you meet the “physical presence” test then you are considered a resident alien for tax purposes 

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On 1/27/2024 at 9:53 PM, Lil bear said:

IRS uses the word “resident” diffetently to USCIS. 

 

https://www.irs.gov/taxtopics/tc851

 

My reading .. From this link.. If you meet the “physical presence” test then you are considered a resident alien for tax purposes 

thank you for the info. my question is I was in the country on may 2020 so am i now qualify as a resident? I am confuse about the counts.

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1 hour ago, Kassyrose20 said:

thank you for the info. my question is I was in the country on may 2020 so am i now qualify as a resident? I am confuse about the counts.

I really can’t give you any more info .. i dont know the back ground to your present situation.. i have just answered the simple question about who is resident for tax purposes. You need to determine how that information applies to you. If you want more help from this  group you

 will need to clearly outline dates etc 

Edited by Lil bear
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22 hours ago, Lil bear said:

I really can’t give you any more info .. i dont know the back ground to your present situation.. i have just answered the simple question about who is resident for tax purposes. You need to determine how that information applies to you. If you want more help from this  group you

 will need to clearly outline dates etc 

 

I understand, my original question was can someone who entered the US under the status of TPS or Asylum pending file taxes? the answered is YES because i research that here from other post.

 

my other question was about the status of resident alien and non-resident alien. it was more about when do you considered a non-resident alien? I read the instructions on the IRS website however, i am still confused about the whole test system they explain. I was hoping someone here who has done it before could break it down in much better term for me to understand.

 

thank you

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22 minutes ago, Kassyrose20 said:

 

I understand, my original question was can someone who entered the US under the status of TPS or Asylum pending file taxes? the answered is YES because i research that here from other post.

 

my other question was about the status of resident alien and non-resident alien. it was more about when do you considered a non-resident alien? I read the instructions on the IRS website however, i am still confused about the whole test system they explain. I was hoping someone here who has done it before could break it down in much better term for me to understand.

 

thank you

I answered that question.
 

Someone who meets the IRS “physical presence” test in any one year , is considered by the IRS to be “  resident alien “ for tax purposes.. and hence must file a tax  return… , irrespective  of their  USCIS residency  status. 
 

If they have no income then they don’t need to file .. but that’s for a different reason 

Edited by Lil bear
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