Am I a resident for tax purposes…and..?


IRS 1040 Tax Form Being Filled OutShould I file as a resident or as a non-resident? I’ve been in the U.S. for a long time! 

If you are not a U.S. citizen, you are considered a nonresident alien for tax purposes unless you meet one of two tests:

1. The “Green Card” Test
You are a resident for tax purposes if you were a legal permanent resident of the United States any time during the past calendar year.

2. The Substantial Presence Test
You will be considered a U.S. resident for tax purposes if you meet the Substantial Presence Test for the 2016 calendar year.  To meet this test, you must be physically present in the United States on at least:

  1. 31 days during the 2016 calendar year, and
  2. 183 days during the consecutive 3-year period ending with, and including, the 2016 calendar year, counting:
    – All the days you were present during the 2016 calendar year, and
    – 1/3 of the days you were present in the 2015 calendar year, and
    – 1/6 of the days you were present in the 2014 calendar year.

Use this tool to figure it out.
NEXT STEPS
If you determine that you are a resident for tax purposes, you can file your taxes like any other U.S. citizen. Feel free to make use of any conventional assistance available in the community, such as UO free workshops and off-campus resources as well as software like Turbotax, TaxAct, H&R Block, etc.

** thank you James for helping with this post! **

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