International Tax IssuesAnswered

Tax residency determination for visa holders

DB
david_bde4new member
November 24, 2021 2,260 views 1 answer
tax-residencysubstantial-presencevisa-changesresident-aliennonresident-alien

I have been in the U.S. on different visa types over the past few years, including F-1, H-1B, and now I am on an L-1. I am confused about how the IRS determines my tax residency with these visa changes. Does each visa type affect the substantial presence test differently? I need to understand if I am a resident or nonresident alien for tax purposes this year so I can file correctly.

Related Questions

InternationalAnsweredFeatured

What is a dual-status tax return and when do I need to file one?

I got my green card in July 2025 after living in the U.S. on a work visa. My accountant says I need to file a 'dual-status return' for 2025. I've never heard of this before. What exactly is a dual-sta...

M5
mei_5446·Oct 14, 2021
2,5431
InternationalAnsweredFeatured

How do I calculate the Substantial Presence Test to know if I'm a U.S. tax resident?

I'm a foreign national who owns a single-member LLC in the U.S. and I travel to the States frequently for business meetings. Last year I was in the U.S. for about 110 days, and the year before about 9...

T8
tobias_8a76·Dec 23, 2023
2,8761
InternationalAnswered

What is Form 8843 and do I need to file it if I'm a student or teacher in the U.S.?

I'm an international student on an F-1 visa and I've been told I need to file Form 8843 every year even though I have no U.S. income. I also started a small LLC for a side project. Does the LLC change...

SC
sofia_cd97·Jun 4, 2024
1,5341
InternationalAnswered

I was a J-1 student first and later became a J-1 researcher. Do the same exempt-year rules keep running, or does the category change matter?

The part that confuses me is that I stayed inside J status the whole time, so at first I assumed the same tax rule just kept running. But the IRS material seems to distinguish between students and tea...

Y1
yuki_1b4f·Oct 24, 2025
1,8691
InternationalAnswered

Are there exemptions from the Substantial Presence Test for students, teachers, or diplomats?

I'm a foreign student on an F-1 visa studying in the U.S. and I also started an LLC on the side to do freelance software development. I've been here for 3 years now, so my total days easily exceed 183...

PB
priya_ba60·Aug 3, 2025
2,1341
InternationalAnswered

I accidentally spent too many days in the U.S. and may have become a tax resident — what now?

I'm a German citizen who owns a U.S. LLC and I travel to the U.S. frequently for conferences and client meetings. I just realized that between 2024, 2025, and 2026, my weighted day count under the Sub...

MD
max_de_43fc·Jan 9, 2024
2,1231
InternationalAnswered

What is the first-year election to be treated as a U.S. resident, and when would an LLC owner want it?

I moved to the U.S. in September 2025 on an L-1 visa and I own an LLC that was previously operated as a foreign-owned disregarded entity. I don't meet the Substantial Presence Test for 2025 because I ...

J1
jun_170f·May 12, 2020
1,2031
InternationalAnsweredFeatured

I'm becoming a U.S. tax resident — what changes for my foreign-owned LLC?

I've been operating a Wyoming LLC as a nonresident alien for 3 years, filing Form 5472 every year. Now I'm getting a green card through my employer. What changes for my LLC once I become a U.S. tax re...

AC
aman_cfa1·Nov 17, 2021
2,4561
InternationalAnswered

I crossed the five-year student limit and may now meet substantial presence. Can the student closer-connection exception still keep me nonresident?

The filing got more serious this year because I may no longer be able to exclude my U.S. days automatically as a student. I had assumed that meant the nonresident story was simply over, but the IRS pa...

M4
minseo_4155·Oct 26, 2025
1,8821
InternationalAnswered

Can I use the Closer Connection Exception to avoid U.S. tax residency even if I meet the Substantial Presence Test?

I own a Wyoming LLC and I spent 135 days in the U.S. this year, plus about 100 days in each of the prior two years. When I run the weighted formula, I come to about 185 days, which puts me over the 18...

OG
oliver_gb_6f25·May 20, 2022
1,9561

Have a similar question?

ForeignLLCTax members get expert answers with IRS citations. One CPA consultation costs $200+. Full access is $9.99/month.

Become a Member — $9.99/mo

Disclaimer: All content on ForeignLLCTax.com is created by a tax professional and is provided for general educational and informational purposes only. It does not constitute tax, legal, or accounting advice, and should not be relied upon as such. Every tax situation is different — for advice specific to your circumstances, please consult a licensed CPA, Enrolled Agent, or tax attorney. By using this website, purchasing a subscription, or accessing any tools or services, you acknowledge that no client-professional relationship is established between you and ForeignLLCTax.com or its operators. This website is not affiliated with the IRS.

Watch the walkthroughs