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I am a J1 holder and I filed my taxes. Do I have necessarily to fill out the form 8843? If yes, how can I upload it, considering the I filed already my taxes on TurboTax?

 
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3 Replies
KurtL1
Expert Alumni

I am a J1 holder and I filed my taxes. Do I have necessarily to fill out the form 8843? If yes, how can I upload it, considering the I filed already my taxes on TurboTax?

If you are here under a J-1 visa and are a teacher or trainee, you cannot count the days present in the United States for up to two calendar years from when you entered the U.S.

 

If you are here under a J-1 Visa and are a student, you cannot count the days present in the United States for up to five calendar years from when you entered the U.S.

 

Eliminating the days you cannot count, Ii you are considered a resident alien per the Substantial Presence Test you do not need to file a Form 8843 with your return.

 

If you do not meet the substantial presence test you are considered a nonresident alien for tax purposes and are required to file a Form 1040-NRForm 8843 is required to be filed with the Form 1040-NR.

 

TurboTax does not support the Form 1040-NR. You will need to use Sprintax to file a Form 1040-NR.  If you have questions you can contact Sprintax Help for assistance.

 

If you have already filed a Form 1040 through TurboTax, you will need to amend your return to file the Form 1040-NR.

 

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I am a J1 holder and I filed my taxes. Do I have necessarily to fill out the form 8843? If yes, how can I upload it, considering the I filed already my taxes on TurboTax?

@KurtL1  Let me explain a bit more my specific case. 

Last year I worked from Feb the 6th, in consequence for 2019 I worked almost 11 months. I filed this year for those 11 months.  Because of my presence "substantial presence in 2019", should I be exonerated to fill out the Form 8843? Right? 

 

Furthermore, please note that I am still working for the same employer (my program will end in August 2020, it is 18 months program). Next year 2021, while filing my taxes do I have to fill out the form 8843? Or even for next year, because of meeting the substantial criteria, I am exonerated to fill out that form?
Thanks again for you help.
  

KurtL1
Expert Alumni

I am a J1 holder and I filed my taxes. Do I have necessarily to fill out the form 8843? If yes, how can I upload it, considering the I filed already my taxes on TurboTax?

If you still on a J-1 Visa, you might not be able to count the number of days you were in the U.S. toward the Substantial Presence Test

 

When you are able to start counting the days would be based on:

  1. What is your occupation; and
  2. When did you first enter the United States.

It is not how many days you worked in 2019, but how many days you can count.

If you are unable to count some of the days present, you will need to complete Form 8843.

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