Is TN status considered resident alien?

projectpete19

Registered Users (C)
#1
Hi,

I am here on TN status, when I fill out paperwork for things it always asks if I am an immigrant or resident alien, etc. If you are on a TN status what are you considered?
 

bigboy00

Registered Users (C)
#2
I am here on TN status, when I fill out paperwork for things it always asks if I am an immigrant or resident alien, etc. If you are on a TN status what are you considered?

You are considered as a US resident while on TN - but not a "resident alien". This term (by its definition) means a person who is a green card holder.
 

TheRealCanadian

Volunteer Moderator
#3
bigboy00 said:
You are considered as a US resident while on TN - but not a "resident alien". This term (by its definition) means a person who is a green card holder.
For immigration purposes, yes. For tax purposes, he'd be considered a resident alien despite not having a GC.
 

bigboy00

Registered Users (C)
#6
projectpete19 said:
my wife has her TD visa, where does she get her tax id number? at the social security office?
-- Nope, you will have to request her TIN# at the time you file your return. Claim her on your return as a dependent, include her ITIN application with the return and send it to the IRS. IRS will assign her the tax ID and process the application. They will let her know her ITIN no. by sending a separate letter.
 

hafshik

Registered Users (C)
#7
My wife is in US on TD, status and she is planing to attend SDSU, is she considered resident for university ? I mean do we need to pay international fees or residence fee ?
 

gunt

Registered Users (C)
#8
hafshik said:
My wife is in US on TD, status and she is planing to attend SDSU, is she considered resident for university ? I mean do we need to pay international fees or residence fee ?
That is a question for the university. different schools have different rules about what a resident of the state/city is.
 
#9
For immigration purposes, yes. For tax purposes, he'd be considered a resident alien despite not having a GC.
I couldn't confirm this anywhere on the web, I am a TN visa holder and could only find the following information for tax purposes:

If you are an alien (not a U.S. citizen), you are considered a nonresident alien unless you meet one of two tests. You are 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 (January 1-December 31).

From IRS web site (Determining Alien Tax Status).

So that would mean you have to meet either the GC test or the substantial presence test (you can do it by yourself) to determine if you are a nonresident alien or a resident alien for tax purposes. You would only be a resident alien roughly after one year residence in the usa.

So something changed from 2006 to now? or am I missing something?
 

newacct

Well-Known Member
#10
I couldn't confirm this anywhere on the web, I am a TN visa holder and could only find the following information for tax purposes:

If you are an alien (not a U.S. citizen), you are considered a nonresident alien unless you meet one of two tests. You are 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 (January 1-December 31).

From IRS web site (Determining Alien Tax Status).

So that would mean you have to meet either the GC test or the substantial presence test (you can do it by yourself) to determine if you are a nonresident alien or a resident alien for tax purposes. You would only be a resident alien roughly after one year residence in the usa.

So something changed from 2006 to now? or am I missing something?
Nothing is changed. Someone working in the US for anything except a short job likely passes the Substantial Presence Test (except for the first year if they started after the middle of the year).
 

nelsona

Registered Users (C)
#11
There are MANY definitions of resident, and residency. Unfortunately, as far back as 2001, the California State university system -- despite a certain TD waging a long administrative battle -- has not recognized TN/TDs as resident for state tuition purposes.

IRS and USCIS definitions of (non-)resident, as reasonably well described above, are ultimately not what the university is asking about.

The only thing you can do is present your status document (i-94) and let them make the determination. TDs are typically not eligible for SSN, she gets an ITIN when you file your taxes with a W-7.
 
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