I’m on a H1B visa, single and have been in the U.S. for less than 5 years. Are the forms 1040A and 1040EZ the only ones that I need to fill for my tax return? Should I just use a software like TurboTax or hire an accountant?
It’s tax time.Taxation of immigrants by the United States is significantly affected by the immigration status of such immigrants. Although the immigration laws of the United States refer to aliens as immigrants, nonimmigrants, and undocumented (illegal) aliens, the tax laws of the United States refer only to “resident aliens” and “nonresident aliens”.In general, the controlling principle is that resident aliens are taxed in the same manner as U.S. citizens on their worldwide income, and nonresident aliens are taxed according to special rules contained in certain parts of the Internal Revenue Code.Holders of nonimmigrant visas or temporary visas may or may not have to report income and pay taxes to the United States Government. Holders of nonimmigrant visas only become tax residents if they spend at least 183 days of the current year within the United States. If you have spent more than 183 days of the current year in the U.S., you are considered a “resident alien.”A nonresident alien/nonimmigrant visa holder (with certain narrowly defined exceptions) is subject to federal income tax only on income which is derived from sources within the United States and or income that is effectively connected with a U.S. trade or business.Nonresident aliens who are required to file an income tax return must use:Form 1040NR, U.S. Nonresident Alien Income Tax Return or,Form 1040NR-EZ, U.S. Income Tax Return for Certain Nonresident Aliens With No Dependents, if qualified.Resident aliens who are required to file an income tax return must use:Form 1040, U.S. Individual Income Tax Return,Form 1040A, U.S. Individual Income Tax Return, orForm 1040EZ, Income Tax Return for Single and Joint Filers With No Dependents.According to TurboTax, its software does not support the filing of Form 1040NR. However, it has a partnership with Sprintax that does support such filings. I would recommend that you also consult with a certified public accountant because depending on your circumstances, s/he may be able to identify other IRS forms and or deductions that may be applicable to you.For more information on the intersection of US taxation and immigration, go here.For more information on immigration, please visit here.