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6th year F1 - Am I resident for tax purpose?

I am an F1 student in 6th year. I have passed substantial presence test and by my understanding, I am considered resident for tax purpose for which I can use Turbotax. 

HOWEVER, my 6 years of F1 has not been same degrees. I have maintained continuous F1 status but degree has changed such that first 5 years were with one degree and 6th year started with another F1 degree. Can I still file as resident for tax purpose?

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4 Replies
DS30
New Member

6th year F1 - Am I resident for tax purpose?

Yes, if  2015 was the 6th year of your residency in the USA under an F-1 visa as a international student, you will not longer be exempt from the  Substantial Presence Test (SPT) and will be considered a US resident for 2015.

Please refer to this US Tax Guide for Aliens for additional information about visa exemptions and the various filing requirements.

Your change in degree plan will not affect whether or not you are considered a resident alien for US income tax purposes.



CaesarXO
Returning Member

6th year F1 - Am I resident for tax purpose?

If you have 31/183 days presence in the last three years after 5 calendar years (check https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test) as an F-1 student, then you pass the SPT. The page specifically says "do not count days for which you are an exempt individual," and F visa holders are exempt individuals. Check "Exempt Individual" section for more details. Specifics on 5 calendar years mentioned here: https://www.irs.gov/individuals/international-taxpayers/the-green-card-test-and-the-substantial-pres...

CaesarO
New Member

6th year F1 - Am I resident for tax purpose?

I did just that filing for my last two years of returns. For my 6th and 7th year on F-1 visa and converting to a Master's degree after finishing my Bachelor's on the 5th year. To my understanding of what I've read, I believe that it's fine to do so. I'm not sure what consequences there would be if a wrong status tax return is filed though. I've got friends that's filed as residents during their second year in the US as F-1, so far, hasn't been audited. I've heard that it may become a problem if and when you apply for H-1B or permanent residency in the future since you'd be required to submit all your tax return you've ever filed.
CaesarO
New Member

6th year F1 - Am I resident for tax purpose?

I did just that filing for my last two years of returns. For my 6th and 7th year on F-1 visa and converting to a Master's degree after finishing my Bachelor's on the 5th year. To my understanding of what I've read on irs.gov, I believe that it's fine to do so. I'm not sure what consequences there would be if a wrong status tax return is filed though. I've got friends that's filed as residents during their second year in the US as F-1, so far, hasn't been audited. I've heard that it may become a problem if and when you apply for H-1B or permanent residency in the future since you'd be required to submit all your tax return you've ever filed.
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