Kateryna Dzhevaga·IRS CAA · Authorized IRS e-file Provider·Federal practice (all 50 states)·EN · RU · UK
Residency calculator
Are you a US tax resident or nonresident?
This is the first and most important question for any immigrant: it decides which return you file (Form 1040 or 1040-NR) and whether your worldwide income is taxed. Run the Substantial Presence Test below.
TL;DR
For IRS purposes you're either a resident alien (file Form 1040, taxed on worldwide income + FBAR/8938) or a nonresident alien (Form 1040-NR, US-source income only). Two tests decide it: the green card test (have a green card → resident) and the substantial presence test — a 3-year weighted day count. A green card or ≥183 weighted days → resident. Your move year is often dual-status. The calculator below gives you a starting point.
📅 Updated: May 20, 2026
Calculator
Enter how many days you were physically in the US each year (arrival and departure days count). F/J students and green-card holders — tick the boxes.
Resident vs nonresident: the difference and why it matters
For US tax there are only two statuses, and they're set by tax rules — NOT by your immigration visa.
A resident alien files Form 1040, is taxed on WORLDWIDE income (wages, business, interest, dividends — anywhere in the world), and must disclose foreign accounts (FBAR, Form 8938) and foreign assets. Most deductions and credits are available.
A nonresident alien files Form 1040-NR and pays US tax only on US-source income. Fewer deductions, usually no standard deduction, and special rules for investment income.
How the status is decided:
• Green Card Test — if you hold a green card, you're a resident for the year.
• Substantial Presence Test — a day formula: days this year + 1/3 of last year + 1/6 of the year before. If ≥31 days this year AND the total ≥183, you're a resident.
Key nuances:
• Your move year is usually dual-status: nonresident for part of the year, resident for the rest — a separate, more complex return.
• F/J students and J/Q teachers are 'exempt individuals': their days don't count (5 and 2 years respectively), so they're usually nonresidents and file Form 8843.
• Closer connection — if you meet the test but had under 183 days this year and your life is centered abroad, you can stay a nonresident via Form 8840.
• A tax treaty can move residency to another country (tie-breaker).
Getting the status wrong is a common cause of overpaying — or underpaying and facing penalties. When in doubt, check with a professional.
FAQ
On residency and the Substantial Presence Test
Any day you were physically in the US for any part of the day, including arrival and departure days. Exceptions: transit under 24 hours, days you couldn't leave due to a medical condition, and exempt-status days (students/teachers) — those don't count.