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Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 11350
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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Client switched from F-1 Visa to O-1 visa in Sept of 2015.

Customer Question

FOR LANEClient switched from F-1 Visa to O-1 visa in Sept of 2015. For past four years she has filed as a resident 1040. Does she still file the same way?
Submitted: 9 months ago.
Category: Tax
Expert:  Expert_James replied 9 months ago.

I am not familiar with a Lane in the immigration category. Have you worked with this person on immigration matters?

Expert:  Lane replied 9 months ago.

Hi,

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Sorry, was in a meeting.

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Yes, anyone that is a tax resident (and O status wouldn't change this) by virtue of substantial presence (which the cient certainly passes) ... along with US citizens and green card holders, file a 1040.

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let me know if you have questions

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Lane

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Expert:  Lane replied 9 months ago.

Just for a little context: (I'll underline the pertinent part)

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Resident Alien or Non-Resident Alien for Tax Purposes

The Substantial Presence Test

A resident alien for tax purposes is a person who is a U.S. citizen or a foreign national who meets either the “green card” or “substantial presence” test as described in IRS Publication 519, U.S. Tax Guide for Aliens.

In general:

  • F and J student visa holders are considered resident aliens after five calendar years in the U.S.
  • J researchers and professors are considered resident aliens after two calendar years in the U.S.
  • H-1, TN, and O-1 visa holders are considered resident aliens once they meet the “substantial presence” test.
Expert:  Lane replied 9 months ago.

Good to hear from you, Russ.

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Let me know if you have questions

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Lane

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Expert:  Lane replied 9 months ago.

Hi,

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I’m just checking back in to see how things are going.

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Did my answer help?

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Let me know…

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Thanks

Lane