F1 student, resident alien, no income

[hbnguyen26]

I am an F1 student and I am staying in the US for more than 6 years (my case considered as a resident). However, I didn't receive any income in the US. I filed my 8843 form. Do I need to file any tax return, since I am considered as a resident?  

Also, I would like to ask. What is the difference between a 1040 and tax return? can I file a 1040 without tax return? beside 1040 do I need to file any other form? 

[pk]

@hbnguyen26 ,  as F-1  visa holder you are exempt  from counting days  present  for five calendar years  starting with the year of admission. Once you have  completed the five years  and  you have been here long enough ( 183 days  present ), you are a resident for tax purposes.  This  implies that you are taxed by the USA on your world income.  Thus if you receive scholarship from your home country, it would be subject to taxation just like  when a US citizen student receives a scholarship from the local university / foundation.  Some  nations limit the taxability of the  foreign scholarships  under tax treaty executed  between US and that country.  So which country are you from ?  Did you receive scholarship from abroad?  Or money from your family abroad ?   In any case you would need a 1098-T from your school to offset  any educational expenses  ( because these are not taxable  ).

[hbnguyen26]

I did not receive any scholarships from abroad. My scholarship is from a US school as a merit scholarship. However, I did receive money from my family overseas. I didn't earn any income (I don't have a job) and still under an F1 visa. Please advise me if I have to fill out any form.

Can I also fill out the form 1040 even when I don't have any income?

Thank you so much for your help. @pk 

[pk · Accepted solution]

@hbnguyen26 ,  as a resident  ( I am assuming that you have  passed the substantial presence test  in 2019) you file your return on form 1040  which is supported by TurboTax.   You will also need to enter the form 1098-T  that you got from your educational institution -- this should show both the   fees/tuition paid to the institution and also the scholarship amount given  to you.    Note that TurboTax will automatically  deduct the  educational expenses ( tuition, fees,  charged by the university ) from the total scholarship amount and the rest ( if any would be treated as your income --- this is then subject to tax.  Generally  this will not result in any tax liability, but  because you have received a scholarship  and a 1098-T, you have to file 

I do not understand why you filed a form 8843 ---  because you are not exempt  from counting days;  you would have used form 8833 to assert  treaty based   exclusion of  student income ( valid for some countries only ).

Does this  answer your query?  Which country are you from ?, When did you enter USA with F-1 ( 2014 ? ) 

[hbnguyen26]

Thank you so much for your response. I entered the USA with F1 visa in 2014. I am from Viet Nam. 

I just want to confirm that I still need to file a 1040 and 1098-T even when I don't have any income right? 

Thank you so much for your help with this @pk 

[pk]

@hbnguyen26 , yes you need to file a return on form 1040 --ONLY because you have Scholarship income.   From your name I thought  perhaps you are from Vietnam ( but  wanted to make sure before  I looked up the treaty  between Vietnam and USA ) and I did not want to offend you  by making unwarranted assumptions based on last name only.  Thank you for your patience.

[hbnguyen26]

Thank you so much for your help! I greatly appreciate it. 

[hbnguyen26]

@pkI want to ask if I need to file my parents' monthly support (daily expense and rent) in tax return? My parents live oversea, and they are not US citizens.

Also, I live in NYC, do I have to file a different State tax return? 

Thanks. 

[pk]

@hbnguyen26 , monies received from your parents or family or otherwise are not income but gifts to you and so not taxable.  If you received  $100,000 or more from a foreign person, then you would need to report that  on form 3520 -- but not taxed.  If the  donor were  US persons then   each person could donate up to a max amount ( it changes from year to year but is in the region of $12,000 ) to each  recipient without having to file anything.  In your  case  this does not apply.

So not to worry

As far as State filing -- generally  you file a return for the state  you are a resident of  and  if you earn income in a different state , then you may also have to file a return there ( as a non-resident ).  Your  resident  state  usually tax you on your world income and  give you credit for taxes paid to another state; Non-resident state taxes you on in-state earned income.  Why you ask --- did you earn money in a non-resident state ?

[hbnguyen26]

@pk  Thank you so much for you help. I do not earn any income. 

[pk]

then only your resident state return -- NY -- covering only the scholarship income.  

Hope this helps you 

[hbnguyen26]

I already filed my 8843 form. Can I just file a 1040? or do I need to file an amended return? I never filed any e-file. 

I tried to file my tax through Turbo but it said: 

"  Your transmission didn't go through

We could not e-file your return for the following reason:

Duplicate Social Security Number: A tax return with the same Social Security number has already been submitted - in other words, it appears you're trying to e-file the same return twice. If you need to change this return, you'll need to file an amended return on paper, by mail. If you'd like to e-file your state return using TurboTax, it will need to be filed along with your federal return. You may also e-file your federal return now, then submit your state return later via TurboTax, by mail, or by visiting your state's tax website for alternative e-filing options." 

Please help @pk.

Thank you. 

[pk]

@hbnguyen26 , the only reason you need to file is  because you have received a 1098-T ( scholarship  and  tuition/educational expenses ).  As I said earlier there really was no need to file 8843 -- may be that is what is confusing the system.

Suggest, you tell TurboTax that you want to file by mail --- print the return, sign/date  and mail it in.  That is all.  If it turns out that somebody  has actually used your Tax ID  ( SSN ) to file a return then IRS will contact you  and go on from there .

Enjoy your Summer ( whenever that is possible )