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New Member
posted Jun 4, 2019 8:33:04 PM

Can opt student use 1040 standard form without staying in the us for 5 year enough?

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1 Best answer
Intuit Alumni
Jun 4, 2019 8:33:06 PM

If you are referring to a F-visa student who is on OPT, generally not.  Per IRS, you are considered as a nonresident for five years from the year you first enter the US.  You are required to file a Form 1040-NR unless you married to a US resident who can make an election to claim you as a resident to file a standard Form 1040.  As TurboTax does not support any nonresident tax forms, you are advised to use Sprintax to complete your filing.  Starting from January 1st, the 6th year, you are considered as a US resident for tax purposes if meet the Substantial Presence Test SPT and required to file a Form 1040.  

1 Replies
Intuit Alumni
Jun 4, 2019 8:33:06 PM

If you are referring to a F-visa student who is on OPT, generally not.  Per IRS, you are considered as a nonresident for five years from the year you first enter the US.  You are required to file a Form 1040-NR unless you married to a US resident who can make an election to claim you as a resident to file a standard Form 1040.  As TurboTax does not support any nonresident tax forms, you are advised to use Sprintax to complete your filing.  Starting from January 1st, the 6th year, you are considered as a US resident for tax purposes if meet the Substantial Presence Test SPT and required to file a Form 1040.