Nonresident Aliens vs Substantial Presence
 

Ok this will be my 1st time filing taxes..looking on the IRS website I'm getting a little confused as to are we considered nonresident aliens or U.S. residents for tax purposes based on Substantial Presence? I don't even want to get started on Duel-Status Aliens. Any help would be appreciated.. My wife's tax guy said we should file separately for the 1st year..This dude isn't cheap,so I would like to file by myself. Thanks

Re: Nonresident Aliens vs Substantial Presence
 

In general, if I am not mistaken, when it comes to taxes, an individual (possibly with the requirement to have your ITIN or SSN and your name linked to a U.S. address?) is considered a U.S. resident with the requirement to file their taxes using their ITIN or SSN.

I believe nonresident alien status is for specific temp visas, like for example a teacher on a fellowship maybe? Or a visiting businessman?

Re: Nonresident Aliens vs Substantial Presence
 

I used TurboTax today... form 1040EZ this better be right lol

Re: Nonresident Aliens vs Substantial Presence
 

Thank you, because looking at the IRS website we seem to be considered a U.S. resident based on Substantial Presence.

Re: Nonresident Aliens vs Substantial Presence
 

Yes, I think you are correct.

You can double check with your tax guy and see if he is putting nonresident alien, because that description just doesn't seem right for any individual, papers or not, living in the U.S. for a significant amount of time.

Re: Nonresident Aliens vs Substantial Presence
 

Thanks again..

Re: Nonresident Aliens vs Substantial Presence
 

why are you filing separate? is it separate but married? and yes you are considered a resident for tax purposes.

Re: Nonresident Aliens vs Substantial Presence
 

My wife's tax guy said most married couples file married but separate for the first year,unfortunately upon further reading the IRS website will now consider me a dual status citizen because I married a US citizen 7 months into 2013 although I didn't receive my GC until 2014 and for that reason we will have to file married filing jointly...I will have her talk to her tax guy so he can look into this, I imagine this will be his first time dealing with an undocumented person...I have only worked on the books for one year and I am now 31 years old..SMDH ...