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US tax basics for new arrivals from India

Your first US tax year is the confusing one. These are the IRS rules that decide which form you file and when. A licensed CPA or enrolled agent can tell you how they apply to you.

Facts checked Oct 25, 2026

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In short

You are a US tax resident if you were here at least 31 days this year and 183 days over three years, counting all days this year, a third of last year and a sixth of the year before (students’ days are generally exempt). Nonresidents file 1040-NR, due April 15 if wages had US withholding, otherwise June 15.

  1. Count your days31 days this year, then the 183-day weighted total.
  2. Pick the formResident: 1040. Nonresident: 1040-NR.
  3. Know the deadlineApril 15, or June 15 for some nonresidents.
  4. Get helpVITA, IRS office, or a licensed CPA or EA.

Am I a resident for tax?

Substantial presence test: at least 31 days in the current year and 183 days over three years, counting all current-year days, one third of the prior year and one sixth of the year before. Days as an F, J, M or Q student are generally exempt and usually need Form 8843.

Source: irs.gov ↗as of Oct 25, 2026

Forms and deadlines

Nonresidents file Form 1040-NR. It is due April 15 if you had wages with US withholding, otherwise June 15. Form 4868 requests an extension.

Source: irs.gov ↗as of Oct 25, 2026

ITIN for a spouse or children

An ITIN is for people with a federal tax purpose who cannot get an SSN. Apply with Form W-7, usually attached to the return. It takes about 7 weeks, or 9 to 11 weeks from January 15 to April 30 or from overseas.

Source: irs.gov ↗as of Oct 25, 2026

Treaty and free help

The US-India income tax treaty documents are on the IRS site.

Source: irs.gov ↗as of Oct 25, 2026

Free tax preparation is offered at VITA sites; find one by ZIP code.

Source: irs.treasury.gov ↗as of Oct 25, 2026

Questions people ask

Do I file 1040 or 1040-NR in my first year on H-1B?

It depends on the substantial presence test and your dates. The IRS pages linked here explain it; a licensed CPA or EA can apply it to your case.

Related help

FBAR and Form 8938 for Indian accountsThe FBAR $10,000 threshold, Form 8938 thresholds, deadlines, where each is filed, and what NRE and NRO accounts are under RBI rules.Bank account and credit when you are new to the USWhat a US bank must ask for, what non-US persons can use instead of an SSN, what to do when online opening fails, and how to start a credit history from zero.Sending money to India: your rights and how to check a providerWhat a money transfer provider must show you before you pay, the 30-minute cancel and 180-day error rules, how to check an NC license, and how to compare total cost.

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