LinaJ2018
Intuit Alumni

State tax filing

Form 8843 is a Statement for Exempt Individuals who use to show they are not counting their days within the US.  Form 8833 is a form you file to claim tax treaty benefit.

In your situation, you might not need the Form 8843.  On the 6th year on your F visa, you have already passed the five years exempt period.  Starting from January 1st, 2019, if you stay more than 183 days within the US, you will be a resident.  You do not file the Form 8843.  If you do not stay more than 183 days, you will still be a nonresident then you need to file Form 8843 to show your exempt status. 

As far as the Form 8833, you only need to file this form if there is a tax treaty applies to you and you need to file to show the reduction of your income.  

For people with OPT or H-1B visa, this happens usually on the 6th year of the F-visa ( not sure if this applies to you), you switch to H-1B later in the year.  In this case, you do not need Form 8843 as most likely you have stayed more than 183 days in the year ( while on the F and H-visa) hence you are a resident.  You only need to file Form 8833 if there is a treaty benefit. 

View solution in original post