""""""""

Tax Filing Status As Determined By The Substantial Presence Test

J-1 Researchers and Professors in U.S. more than 2 calendar years:
Note: J-2's filing status is determined by the filing status of the J-1 visa holder.

Your filing status is determined by the "substantial presence test" which is relatively complicated.
Researchers and Professors who have been in the U.S. in J-1 visa status (teacher or student) for any part of 2 of the preceding 6 calendar years, and were physically present in the U.S. at least 183 days in 2007, are considered Resident Alien for tax purposes. (see example calculation below)

If you have been in the U.S. for any 2 of the preceding 6 calendar years but were not physically present in the U.S. for at least 183 days in 2007, you are considered a Nonresident Alien for tax purposes.

Example calculation:

2007 - present in the U.S. at least 183 days in J-1 visa status (teacher or student) - resident alien for tax purposes
2006 - present in the U.S. in J-1 visa status (scholar/researcher) 256 days - nonresident alien for tax purposes
2005 - present in the U.S. 0 days
2004 - present in the U.S. 0 days
2003 - present in the U.S. 340 days in J-1 visa status (scholar/researcher) - nonresident alien for tax purposes
2002 - present in the U.S. 0 days
2001 - present in the U.S. 0 days


 

""

 

Helpful Information    

IO Home | Back to Beginning | | Contact us


© International Office, The University of Texas at Austin ~ (materials usage)

Updated: January 6, 2008
Although the information contained in this web site has been reviewed by representatives of the Internal Revenue Service and should be adequate to assist most international students and scholars, it is not a substitute for advice obtained from the Internal Revenue Service or a qualified tax professional. If your visa status has changed in the past year, or you believe you have complicated tax issues, please consult the Internal Revenue Service or a qualified tax professional.