For temporary workers in America, filing taxes can be a scary task. The number one question I always get asked is, ‘what if I do it wrong?’. I get it, our tax code can be a bit confusing as well as the fact that it varies from year to year. On this page, I will give you some tips and tricks to help navigate this year’s tax season. There are four ways in which you can have your taxes done.

1. Hire a reputable tax company to file your taxes. Safest and most expensive option.
   • hrblock.com
   • Jacksonhewitt.com
2. File it yourself using online tax software such as Tax Slayer or TurboTax. Safe, easy, and affordable.
   • Turbotax.com
   • Taxact.com – Non-Resident Tax – 1040NR
   • Sprintax.com – Non-Resident Tax – 1040NR
3. File it by having a friend help. Can be risky if your friend is not thorough.
4. Ignore your taxes and hope for the best. I don’t recommend it. It is very important to file your taxes annually, even if you made nothing to very little.

As an immigrant, it is VERY important for you to know your Tax Status. Filing the wrong tax form can be a costly mistake in the long run. According to the IRS, ‘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).

Certain rules exist for determining the residency starting and ending dates for aliens.

In some cases, aliens are allowed to make elections that override the green card test and the substantial presence test, as follows: (See https://www.irs.gov/individuals/international-taxpayers/determining-alien-tax-status)

Resident or non-resident alien

The IRS uses two tests—the green card test and the substantial presence test—for assessing your alien status. If you satisfy the requirements of either one, you’re considered a resident alien for income tax purposes; otherwise, you’re treated as a non-resident alien.

If you’re an alien with a green card, meaning the U.S. Citizenship and Immigration Service allows you to reside in the country legally, you are a resident alien. However, if you don’t have a green card and spend at least 31 days in the U.S. during the current tax year and a total of 183 days during the last three tax years (inclusive of the current tax year), you’ll usually satisfy the physical presence test and are also treated as a resident alien.

Counting 183 days

When counting the number of days you’re present in the U.S. during the three-year period, you don’t include every single day. Instead, count only a fraction of the days in two of the three years. Suppose, for example, you’re trying to figure out your status for the 2020 tax year because you lived in the U.S. for 60 days. You count all 60 days for 2020, one-third of the days in 2019 and one-sixth of the days in 2018. Therefore, if you were in the U.S. for 120 days in 2019 and 180 days in 2018, only include 40 days for 2019 and 30 days for 2018, with the total for the three-year period being 130 days. In this scenario, you pay income tax as a non-resident alien. (See https://turbotax.intuit.com/tax-tips/general/tax-tips-for-resident-and-non-resident-aliens/L9Mm0x1i6)