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brad wall · Mar 23, 2008, 10:30 AM

I am an Australian citizen, currently working in Vermont on a E-3 visa, I am wondering if anyone can recommend tax return software for both federal, and Vermont state tax filing purposes. I have looked closely at CINTAX, and Turbo tax, and neither of them have anything specific for E-3 visas, they all mention H, J, Q visas, but not E-3 visas. Are these programs still applicable to my situation, and can someone recommend software for federal and Vermont state filings

Thanks

The Texas Tax Expert · Mar 23, 2008, 11:06 AM

How long have you been on the E-3. It's essentially the same as the H in terms of result.

brad wall · Mar 23, 2008, 11:20 AM

I have been on the e-3 visa since ausgust 2006, last year I filed my taxes in australia

MukatA · Mar 23, 2008, 11:22 AM

If you entered the U.S. on E3 in 2006, then you will file 2007 return as resident.

The Texas Tax Expert · Mar 23, 2008, 11:41 AM

Brad,

Last year you should have filed a 1040NR, because you were non-resident. This year, you should file a regular 1040 as you are now a resident.

brad wall · Mar 23, 2008, 12:15 PM

Originally Posted by The Texas Tax Expert

Brad,

Last year you should have filed a 1040NR, because you were non-resident. This year, you should file a regular 1040 as you are now a resident.

Why am I now considered a resident? As far as I know I am still a non-resident.

The Texas Tax Expert · Mar 23, 2008, 12:34 PM

I'm assuming that you spent all of 2007 in the US. This means that, as per the substantial presence test, you are now a resident (for tax purposes). Note that tax and immigration have different residency tests.

MukatA · Mar 23, 2008, 07:09 PM

Originally Posted by brad wall

Why am I now considered a resident? As far as I know I am still a non-resident.

You are resident for tax purpose if you meet 183 days test. Your days on E3 are not exempt from residency test.

brad wall · Mar 24, 2008, 05:07 PM

Originally Posted by The Texas Tax Expert

I'm assuming that you spent all of 2007 in the US. This means that, as per the substantial presence test, you are now a resident (for tax purposes). Note that tax and immigration have different residency tests.

Thank you, this is very helpful, I spent all but two months in the U.S. last year, so am I still considered a resident for tax purposes? If so then can I use any online program to file my taxes, or do I still need to use one which is specific for non-residents? Can you recommend a particular program which can do both my federal, and Vermont state taxes?

The Texas Tax Expert · Mar 24, 2008, 05:37 PM

I am assuming you mean that there were just 2 months that you were out of the US, say on vacation etc? If so, then yes, you've met the SPT and should file as resident. If you've got a simple enough tax situation (ie. Without foreign income and investments etc), then you can probably use something like Tax Cut or Turbo Tax. If your situation is more complex, it might be better to pay someone.