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Sandra-Q
New Member

What to do: no Form 8843 filed in previous year to claim exemption from the substantial presence test

I have been in the US since 2013 as a F1 student. However, I have never filed Form 8843 or tax returns before since I don't have any filing requirement. I heard that I need to file Form 8843 in order to claim exemption for the substantial presence test.  What should I do now in order to be exempt from the SPT or do I need to count the days for SPT purpose for 2016 and 2015?

If I need to count the days I will pass the SPT in 2017, should I then file a Form 1040?

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18 Replies

What to do: no Form 8843 filed in previous year to claim exemption from the substantial presence test

in your other question you say you came to the US in 2012. Which is it? It makes a big difference
Sandra-Q
New Member

What to do: no Form 8843 filed in previous year to claim exemption from the substantial presence test

I came in 2012 as b1 visa, then change to F1 in 2013. Thank you.

What to do: no Form 8843 filed in previous year to claim exemption from the substantial presence test

That would have been an important bit of information in your other question, as that makes all the difference.

What to do: no Form 8843 filed in previous year to claim exemption from the substantial presence test

when exactly did you come to the US and when exactly did you switch to F1? That would be important for your filing status in 2013.
Sandra-Q
New Member

What to do: no Form 8843 filed in previous year to claim exemption from the substantial presence test

12/25/12 b1, and July 13 as F1
Sandra-Q
New Member

What to do: no Form 8843 filed in previous year to claim exemption from the substantial presence test

July 2013

What to do: no Form 8843 filed in previous year to claim exemption from the substantial presence test

Which day in July? 1st? Any later would make you a dual status alien for 2013
Sandra-Q
New Member

What to do: no Form 8843 filed in previous year to claim exemption from the substantial presence test

I don't remember on top of my head, but do I need to file any tax return for 2013? Or do I just need to submit Form 8843?

What to do: no Form 8843 filed in previous year to claim exemption from the substantial presence test

did you have any income during the first half of 2013? Not just US income?
Sandra-Q
New Member

What to do: no Form 8843 filed in previous year to claim exemption from the substantial presence test

No income for 2013.

What to do: no Form 8843 filed in previous year to claim exemption from the substantial presence test

then just the 8843
Sandra-Q
New Member

What to do: no Form 8843 filed in previous year to claim exemption from the substantial presence test

Thank you!

What to do: no Form 8843 filed in previous year to claim exemption from the substantial presence test

On F1 you do not count days towards the substantial presence test for the first 5 calendar years, so from 2013 to 2017. So for 2017 you are still a nonresident alien. You would just file the 88443 forms for previous years now (one form per envelope)

Sandra-Q
New Member

What to do: no Form 8843 filed in previous year to claim exemption from the substantial presence test

Thank you. Do I file Form 8843 for each year from 2013 to 2017 with my 2017 tax return or I need to send in each year 8843 separately?

If I want to be treated as a resident for 2017, should I not send in 2015 and 2016 form 8843?

Thank you so much!
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