Skip to content

Will I become a US tax resident on an O-1?

Key answer

The baseline from discussions: US tax residency follows physical presence (around 183 days under the three-year formula), not the visa itself - a bank account or SIM card does not make you a resident. But the substantial presence rules are non-trivial, and the community unanimously recommends a tax professional.

Community answers

The answers below are translated from the original Russian - the language of the community chats.

  • A tax resident is someone who stays in the USA longer than the threshold in days. Having a bank account and a SIM card does not make you a resident if you are outside of the USA.

  • If you are seriously considering a strategy around residency days - hire a US tax specialist: there are many non-obvious rules, and doing it yourself can end up costing more.

  • A tax resident is determined by staying in the USA for more than 180 days. Having a bank account and a SIM card alone does not make you a tax resident while you are outside the USA. It is better to consult a tax advisor.

  • In the American tax system, tax returns are filed by Resident Aliens and Nonresident Aliens. If you are not a tax resident but have income in the US, you need form 1040NR. Transfers from account to account are not taxed by themselves.

The answers are anonymized community experience from the public chats, not legal advice. Officers may decide similar cases differently.

Sources

All questions on: O-1 visa

Related on this site

Similar questions

A reference page built from community experience, not legal advice. Requirements and practice change - verify on uscis.gov.

Did this answer help?