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-   -   Resident or non-resident (https://www.askmehelpdesk.com/showthread.php?t=76508)

  • Mar 27, 2007, 02:10 PM
    NyITx
    Resident or non-resident
    I am preparing 06 tax return. My situation: F1-OPT-H1. I changed to H1B in Oct 06, and worked through 06 until now. Was on F1 for the previous 3 years. ;)

    I meet "physically present for 183 days during the 3 year period", but do I need to be visa status consistent? Seems that the PUB 519 does not specify in its Substantial Presence Test, only requires "physically present".

    So I clear the SPT?:confused:
  • Mar 27, 2007, 02:38 PM
    NyITx
    Quote:

    Originally Posted by NyITx
    I am preparing 06 tax return. My situation: F1-OPT-H1. I changed to H1B in Oct 06, and worked thru 06 til now. Was on F1 for the previous 3 years. ;)

    I meet "physically present for 183 days during the 3 year period", but do I need to be visa status consistent? Seems that the PUB 519 does not specify in its Substantial Presence Test, only requires "physically present".

    So I clear the SPT?:confused:

    I got it... f1 days are excluded.
  • Mar 30, 2007, 12:11 PM
    AtlantaTaxExpert
    Great!

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