non resident or resident alien (F1-student)

youkefish · ‎May 13, 2020

I maintained my F1 status from 2013 Aug to 2013 Dec. I left the US on 2013 Dec and took a leave of absence starting from 2014 Spring. (I have done nothing about this status of this school since then.)

Later, I became a new F-1 student in a new school with different I-20. Until now, I have remained the same status. Every year, I will be not present in the US at most two months.

I am wondering when I can file as a resident alien? 2018 or 2019 tax return? or I have to wait one more year? Next year to file 2020 tax return?

Thanks.

SusanY1 · ‎May 15, 2020

You will begin to count the days to determine if you meet the substantial presence test on the first day of the sixth calendar year (2018). The IRS has a good example of how to calculate it here: IRS Substantial Presence Test.

It sounds to me like you are a resident beginning in 2018 (so long as you were present at least 183 days in 2018) but I am not certain that I have all of the pertinent facts.

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View solution in original post

youkefish · ‎May 15, 2020

Thanks, Susan! I appreciate it a lot.

For your information, I guess the following may matter. First, I did not do my 2013 tax return since I had no income then. Second, I did not in the USA from '14 Jan to '15 July. Last, I did not do anything about my first F1 status and just directly applied for a new VISA in 2015.

Thank you,

non resident or resident alien (F1-student)

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