As an international student who has been in the united states from August 2015 to now can I file my 2016 taxes as a resident alien using turbo tax and fill 1040A form?

[321taxfilling]

Hi, As an international student who has been in the united states from August 2015 to now(March 2017) can I file my 2016 taxes as a resident alien(based on substantial presence test) using turbo tax and fill up 1040A form? 

Is there any clause/circumstance under which F1 students can file using 1040A form?

[GeoffreyG]

This is a detailed reply to your question, so please read it in the entirely so you understand everything.  This area of United States tax law -- for international visitors and foreign citizens -- can be especially difficult to navigate.

For United States tax filing purposes, F1 student visa holders are generally considered "nonresident aliens," at least for the first 5 calendar years (students).  They fall under a category called "exempt" individuals.  As a nonresident alien, you only need to file a US tax return for taxable income that you receive from US sources.  This is unlike "resident aliens" and US citizens, who must report their worldwide taxable income.

There are certain specific circumstances under which F-class visa holders can be considered not exempt individuals.  Those are explained at the following IRS webpage:

https://www.irs.gov/individuals/international-taxpayers/exempt-individual-who-is-a-student

If you could qualify as resident alien, then you could file the same Form 1040, 1040A, 1040-EZ series of tax returns that other US taxpayers do.  If you must file as a nonresident alien, then you will need to file a Form 1040NR or 1040NR-EZ, plus Form 8843, and perhaps a state tax return as well.

Here are some other helpful links to learn more about the resident alien test for student visa holders, as well as other foreign scholars and students:

https://www.irs.gov/individuals/international-taxpayers/determining-alien-tax-status

https://www.irs.gov/individuals/international-taxpayers/references-for-foreign-students-and-scholars

While TurboTax can complete most any type of tax return for US citizens and resident aliens, at the present time we do not support the nonresident Form 1040NR series of tax returns.

However, TurboTax has partnered with a company called "Sprintax.com" to offer nonresident tax preparation services.  They can certainly help you with filing a Form 1040NR; and we think you would be pleased with their services.  If you decide to go with them, you won't need to find a specialized tax lawyer or accountant.  They are a cost-effective way to take care of your nonresident tax compliance needs.  Basic federal tax return preparation starts at $35.95, and state tax preparation at $25.95.

For further information you can visit them on the internet at:

https://www.sprintax.com/non-resident-alien-tax-1040nr-turbotax.html

We hope this information will prove useful to you, and thank you for thinking of TurboTax.

[iammalhar]

Almost a similar question. So I came to the US for the first time in August 2015 and now it's 2020. So does it means that I have completed my 5 years in the US and thus have to file Form 1040 instead of Form 1040 NR-EZ? Does the year 2015 also count as a tax year for me?

For the last 3 years, I have been filling with Form 1040 NR-EZ. So should I apply with Form 1040 for my Tax return 2019?

[KarenJ2]

If you came on an F-1 visa in 2015, you are considered a nonresident for 5 years or part years. 

So 2015 would be your first year you are exempt from counting US days.  Your 5 years would be 2015, 2016, 2017, 2018, and 2019.  

Next year for 2020 tax year, you will need to file a resident return.

[moiabutaqiya]

I have had the same question for a while. Thanks for your answer.

I have another follow-up question. I am in the same situation ( have been on F-1 visa since August 2015), so 5 years have passed where I should not count my US days. I can start counting days beginning of Jan 1st, 2020. My question is, given the current deadline extension to file the tax (July 15th), does this mean that if I file by July 2nd (after 183 days in 2020), I can file as a resident alien?

In other words, is there an advantage for me to delay my tax filing after July 2nd?

Thanks

[KarenJ2]

Unfortunately not.  You have to be at least a part year resident in 2019 and married to be able to elect to file married filing jointly.  As your first day for counting US days for the Substantial Presence Test is not until January 1, 2020, you cannot be a resident in 2019.

[Chen]

Do you know how does Substantial Presence Test different from the 5-year rule?  the IRS substantial presence test says that F1 should not count days in US when determining if he/she is resident alien.