Why sign in to the Community?

  • Submit a question
  • Check your notifications
Sign in to the Community or Sign in to TurboTax and start working on your taxes
New Member
posted Jun 6, 2019 2:17:09 AM

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?

0 18 7280
18 Replies
Level 7
Jun 6, 2019 2:17:10 AM

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

New Member
Jun 6, 2019 2:17:12 AM

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

Level 7
Jun 6, 2019 2:17:13 AM

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

Level 7
Jun 6, 2019 2:17:15 AM

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.

New Member
Jun 6, 2019 2:17:17 AM

12/25/12 b1, and July 13 as F1

New Member
Jun 6, 2019 2:17:18 AM

July 2013

Level 7
Jun 6, 2019 2:17:19 AM

Which day in July? 1st? Any later would make you a dual status alien for 2013

New Member
Jun 6, 2019 2:17:21 AM

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?

Level 7
Jun 6, 2019 2:17:23 AM

did you have any income during the first half of 2013? Not just US income?

New Member
Jun 6, 2019 2:17:24 AM

No income for 2013.

Level 7
Jun 6, 2019 2:17:26 AM

then just the 8843

New Member
Jun 6, 2019 2:17:27 AM

Thank you!

Level 7
Jun 6, 2019 2:17:29 AM

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)

New Member
Jun 6, 2019 2:17:29 AM

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!

Level 7
Jun 6, 2019 2:17:31 AM

as I said, one form per envelope, so for each year separately. And if you need to file a return for 2017, the form for 2017 together with the return. No, you cannot just not file form 8843 to become a resident alien.

New Member
Jun 6, 2019 2:17:32 AM

Thank you!

New Member
Jun 6, 2019 2:17:34 AM

Sandra q did you file your late 8843? If you have have, what happened? And have you heard back from them?

New Member
Aug 5, 2019 10:24:54 AM

Hi, I am filling my 8843 from 2016 now. Should I include the number of my current passport or my previous one, which I was using in 2016? In addition, I was an exempt individual in 2015 (and submitted the 8843 form). In the question 4a (Actual number of days you were present in the US in 2015 and 2014), should I include the days I was an exempt individual in 2015?

Thank you so much!