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Am I a Non Resident or Resident for tax purposes??

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Junior Member

I am an international worker and have a few questions to ask.
For 7 months I was working with a work permit because I was on an Optional Practical Training basis. During that time, I was on a F-1 Visa status.
This month my work permit expired, but my work visa was approved. So now I will be on an H1-b status.
I don't know if you need that info but I first entered the US in 01/02/2001. If you need more info, let me know.

My questions are:
- Am I still a non resident alien for purposes of tax reductions on my paycheck?
- What are the taxes that I have to be deducted on my paycheck?
- Is there any other tax that I can be exempt. ANy tax treaty? I am from Brazil.
- Besides taxes that are deducted from the paycheck, do I need to fill a personal annual tax form?

I would appreciate your help as soon as possible. The company is asking me that, they need to know if they need to change anyhting for my next paycheck.

Thanks a lot!!


Senior Member
You are a non-resident. Days spent in the US while on an F/J/M/Q visa do not count towards the substantial presence test. Since your visa status just changed, you will not have 183 days of presence in the US by 12/31/2003. You should file a 1040NR in the spring. You also need to file the form (8000-something) showing that most of your days in the US were exempt from the substantial presence test.

If you remain in the US in 2004, you will become a resident around July 4 under the substantial presence test. Your first day fo residency will be 1/1/2004, and residency will continue until 12/31/2004 unless you leave the US AND show "closer ties" to your new country of residence.

I suggest you visit a tax preparer as early as possible. You didn't mention any dependents, but you may need to apply for ITIN numbers for people you want to claim on your tax return. Make sure you find a tax preparer who has done non-resident returns. If they can't figure out you're a NR in about 45 seconds, they don't have enough experience!

You are a resident of California. US tax treaties do not bind the individual states.

The US does not have a tax treaty with Brazil. However, if you have earned any interest on a US bank account, that is exempt under the tax code, so you don't need a treaty for that.
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Junior Member
Hi Abezon. Thanks a lot.
So, as a non resident I can keep not having medicare and ssn taxes dedeucted from my paycheck, right?

Thanks again.

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