Filing Tax Return from W2 as a non resident alien

#1
Hi All,
As on date, I am awaiting my interview results for asylum. I have received my W2 from my employer and need to file for the previous year as a non resident alien. Can anyone guide me on the procedure.
I hear that I have to file before January 31st. If I receive a positive decision before that and become an asylee, what shall be the procedure to file the same tax return. Thanks.
 

newacct

Well-Known Member
#2
Why do you think you were a nonresident alien? You were a resident alien if you have been physically present in the US for at least 183 days from (that year + 1/3 the days from the previous year + 1/6 the days from the year before that). Your status this year doesn't have any relevance to how you file last year's taxes.
 
#3
Why do you think you were a nonresident alien? You were a resident alien if you have been physically present in the US for at least 183 days from (that year + 1/3 the days from the previous year + 1/6 the days from the year before that). Your status this year doesn't have any relevance to how you file last year's taxes.
oh, sorry about that. So I file as everone else with a green card or ead files.
 
#4
Can someone please explain, I moved from f1 status to Asylee....Wich tax return I should file resident or non resident and it’s been two months I got my asylum status???
 

DoubleAA

Registered Users (C)
#5
IRS says :
Who is a U.S. person? What is the difference between a U.S. citizen and U.S. person?
The U.S. government imposes the income tax on U.S. persons based on their worldwide income. The following are considered to be a U.S. person for tax purposes:
  • A citizen born in the United States or outside with at least one parent who is a U.S. citizen
  • A naturalized citizen
  • A resident of the United States for tax purposes if they meet either the green card test or the substantial presence test for the calendar year
  • Any other person who is not a foreign person

I am a resident alien. What do I need to know about my tax obligations?
Generally, your income as a U.S. resident alien is subject to tax in the same manner as a U.S. citizen is. You should report all your interest, dividends, wages, or other compensation for services, income from rental property or royalties, and other types of income on your U.S. tax return, regardless of whether they are earned within or outside the United States.

You are considered to be a resident alien of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year 2018(January 1 – December 31). Even if you do not meet the tests, you may still be able to choose to be treated as a U.S. resident for the part of the year. If you are a lawfully permanent resident of the United States at any time during the calendar year 2018, then you are a resident for tax purpose

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test
 
#6
So that means I am a non resident alien for 2018 filing because I didn’t meet any of the test. Substantial presence test didn’t help me too as I was just 13 days on Asylee status in the year of 2018 rest of the year I was on f1 Wich I can’t count. Thank you somuch for your information
 

DoubleAA

Registered Users (C)
#7
So that means I am a non resident alien for 2018 filing because I didn’t meet any of the test. Substantial presence test didn’t help me too as I was just 13 days on Asylee status in the year of 2018 rest of the year I was on f1 Wich I can’t count. Thank you somuch for your information
Did you read the link? You are a US person so that means you have to file your taxes with IRS

Asylees are required to report all income earned in the United States to the Internal Revenue Service (IRS) and to pay taxes on that income.



31. Asylee Status - Immigration Equality. https://www.immigrationequality.org...gration-equality-asylum-manual/asylee-status/
 
#8
Oho god....I said I am gonna file...but not sure how to file as non resident alian or resident alian to file as resident alian I should pass one of the above tests...As I didn’t pass any of them I will file taxes as non resident alian.....
 

newacct

Well-Known Member
#9
So that means I am a non resident alien for 2018 filing because I didn’t meet any of the test. Substantial presence test didn’t help me too as I was just 13 days on Asylee status in the year of 2018 rest of the year I was on f1 Wich I can’t count. Thank you somuch for your information
Did you maintain F1 status (remained in school in good standing in your program with a valid I-20 and did not work outside school, etc.) all the way up until you were granted asylum? In what year did you come to the US in F1 status?
 
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