Hi all,

Here is the scenario: A person has spent a lot of time in the US over the past two years, but is here on a B2 tourist visa (granted for a year at a time as co/habitant partner). The person stays with someone who lives and work here on a E2 visa. Last year she was here around 190 days. She does not work and had no income here but a little in her home country. Nothing is reported here in the US on W2 etc.

Questions:
IF she meets the substantial presence test she needs to file a tax return and pay for her worldwide income?

IF she is does not meet the test she does not need to file anything at all?

If she needs to file, and she is 6 months late, what will happen?

What will happen if she just does not file at all but is here say 200 days a year for a couple of years, but has no income here, no w2 etc, no social security number etc. Would IRS automatically find out the number of days she was here from immigration and that she qualifies the substantial presence and then order immigration to stop her when she enter the country?

Many thanks for your kind advice, really appreciate you taking time!

On B2 your days in the U.S. count toward residency. If you meet substantial Presence Test (SPT), you are resident for tax purpose. Read Your U.S. Tax Return: Substantial Presence Test

You must declare your worldwide income and file tax return if you income exceeds the filing requirement.

I must disagree with MukatA on this.

Even though you have met the Substantial Presence Test, you clearly spent time in your home country as a non-resident alien. This fact makes you ineligible to file a resident alien tax return (Form 1040).

IF you must file, you would file as a dual-status alien.

However, if there is NO U.S.-sourced income, there is NO REQUIREMENT to file a tax return AT ALL.

In the first year that you are treated as a U.S. resident under the substantial presence test you would be considered a dual status alien. However, after that first year if you continue to meet the substantial presence test you are treated as a resident alien for the full year and do not file as a dual status alien until the last year that you meet the substantial presence test.

See Substantial Presence Test