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-   -   Resident/non-resident status? (https://www.askmehelpdesk.com/showthread.php?t=310455)

  • Jan 29, 2009, 05:08 PM
    chris_kr
    Resident/non-resident status?
    Hi
    I am on L1 visa and I would like to know my resident status... I am bit unclear about it.

    In 2008
    I came to US on L1 on 5thJuly 2008 i.e. 179days in 2008

    In 2007 I had come to US on B1 visa for 28days.
    In 2006 as well I had come to US on B1 Visa for 28days.

    So as per Substantial Presence Test info on IRS.gov:
    "31 days during the current year, and
    183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
    All the days you were present in the current year, and
    1/3 of the days you were present in the first year before the current year, and
    1/6 of the days you were present in the second year before the current year. "

    I have stayed in US for more than 183 days. But I want to know if my visits in 2007 and 2006 on B1 visa will be considered or not? Should I file my tax returns as non-resident or resident alien?
    Any help in this regard is appreciated.

    Thanks.
  • Jan 29, 2009, 11:47 PM
    MukatA

    Your days on B1 are not exempt from residency so it makes you resident.
    But you are dual status for 2008-- non-resident in the beginning of the year and resident at the end of the year.

    You will need professional help to do your tax return. You can contact AtlantaTaxExpert at [email protected].

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