International student more than 5 years status

[jxy411]

Hi,

I've been living in the US since August 2014. I've been reporting my tax through Turbotax every year.

I just heard that if international students less than 5 years file their tax through Turbotax, it might be a problem.

In my case, am I a resident alien who lives for more than 5 years? I believe this year has no problem (more than 5 years I believe), but not sure the year before (2019 tax return for 2018 income).

Thanks in advance!

[DavidS127]

Based on your information, you probably did not not meet the substantial presence test until 2019. As noted by Community user LinaJ2020, you should have filed Form 1040-NR prior to 2019 and need to amend those tax returns.

See IRS Publication 519 for the resident alien rules.

[Edited 02/24/2020|8:39am PST]

@jxy411

[AmeliesUncle]

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@DavidS127 wrote:

Based on your information, you probably became a resident alien for tax purposes for part of the year in 2014 and all of 2015.

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Probably not.  The OP is an "International Student", which implies a F1 visa.  That would mean residency did not happen until 2019, and their last 5 years of tax returns are wrong.  They should go to a tax professional that is experienced with Nonresident Aliens to correct the previous tax returns.

[LinaJ2020 · Accepted solution]

If you were a F-1 visa holder when moved to the US in 2014, you were considered as a non-resident and should have filed a Form 1040-NR on your 2014-2018 taxes.  

Starting from January 1, 2019, ( after living in the US on F-1 visa for five years), you would be treated as a resident as you would have passed the Substantial Presence Test SPT Substantial Presence Test . You would then be able to file as a resident with TurboTax.  

For the tax years 2014-2018, you would need to amend your tax returns.  You could locate a tax professional or do it yourself by downloading the tax forms from the IRS website.  Here are the instructions:

To amend each year (2014-2018) from Form 1040 to Form 1040-NR, you would need to submit both the Form 1040-X and form 1040NR together:

1. Download Form 1040-X from the IRS website (see below).  On the front page of Form 1040-X, enter your name, current address, and social security number (SSN) or IRS individual taxpayer identification number (ITIN)
2. Do not enter any other information on page 1.  
3. Do not complete Parts I or II on page 2 of Form 1040X.
4. Enter in Part III the reason why you are filing Form 1040X.
5. Complete a new or corrected form 1040-NR.  As TurboTax does not support nonresident forms, click here Sprintax.
6. Across the top of the 1040-NR, write “Amended”
7. Attach the new or corrected return (Form 1040NR) to the back of Form 1040-X.

https://www.irs.gov/forms-instructions- enter 1040-X 

Form 1040X instructions -See page 6 under Residents and Nonresidents

@jxy411