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K & M Accounting and Tax Service L.L.C.

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H1b status is a unique work status granted to temporary foreign workers in the US. H1 taxes definitely need special consideration. Especially if you want to maximize your deductions, plan for permanent resident (green card) or citizenship status in the US, be able to sponsor dependents in the US and start your own consulting or other business in future. Many of our clients have benefitted tremendously from our special services in not only maximizing their tax deductions but also having a peace of mind with regards to their H1 tax status.

H1B Tax Solutions

Not every 1040 Tax Return is the same. Especially an H1 B job requires different tax treatment based on the company, client location, dependents, alien resident status and more criteria. We provide customized solutions based on your specific situation and guarantee minimal waste of your time and money.

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 US Resident Alien Test


H1, L1 Visa Workers may be considered US Resident for Tax Purposes

Most H1, L1 consultants wait for years for their US resident card (Green Card), but IRS may already consider them as US Resident for tax purposes. The first tax distinction IRS makes is between a Non Resident Alien and a Resident Alien from a tax code perspective.


IRS has specific guidelines to determine Resident Status for tax purposes through the ‘Substantial Presence Test’. Once it is established that you are a US Resident (for tax purposes only, your immigration status may still be H1, L1 or other temporary work visa), you are subject to US taxes on your global income, including income in your home country. Incomes from different sources such as passive investment income as opposed to active income through a job are also treated differently.

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Apply for Individual Tax Payer Identification number (ITIN) for H4, J and other dependent non-immigrant visa holders.


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Determine your US Resident Alien Tax Status

You are considered US Resident for Tax purposes if you are a US Citizen or pass the below tests:

1. Green Card Test

If you are not a US Citizen, you will be considered  a Non Resident Alien, unless you possess an Alien Registration card (Green Card).


2. Substantial Presence Test

You pass the Substantial Presence test if you were physically present in the US at least 31 days during the current calendar year and 183 days over the past three years. 183 days are accounted on a weighted basis, with the immediately preceding year given full weight, 1/3 weight for the 2nd year prior to that and 1/6 weight for the 3rd previous year.

3. Exceptions to the Substantial Presence Test

A) Students on F, J, M or Q Visa

Students on F, J, M or Q visas are considered exempt individuals for the purpose of Substantial Presence Test. Therefore number of days spent in the US on student visa status need not be included in the above test.


B) Closer connection to another country

Even if you qualify under the Green Card or Substantial Presence test, if you are present in the US for  less than 183 days in the current year and maintain a ‘Tax Home’ in a foreign country during the year, and have a closer connection to that ‘Tax Home’ than to the US, you may qualify for Non-Resident Alien status.


C) First year election to be treated as a Resident

If you moved to the US in the current year, you may be allowed to elect treatment as a Resident Alien, even if you do not pass the Green Card Test or Substantial Presence Test. You must meet the following conditions

       1) Be present in the US for 31 consecutive days

2) Be Present in the for at least 75% of the days in the remainder of the year, counting from the first 31 qualifying consecutive days.

       3)  Pass the substantial presence test in the following year

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