J-1, no income, but over 183 days

[yunadr]

Hi there! I was in the US on a J-1 visa in 2020, and I was told I have to file Form 8843 as my internship was unpaid.

But in total, I spend in the States more than 183 days in a year, so I am considered to be a US resident for tax purposes and I can't file Form 8843. However, I wasn't doing the internship most of the time. Instead, I was stuck because of the travel restrictions of my country and my visa was extended.

I had no income and no SNN. What should I file? Can TurboTax help? I am so confused!!

[LinaJ2020]

If you are on J-1 visa, you are exempt for two years ( not counting days ) in both 2020 and 2021.  You will be filing a Form 1040-NR as a nonresident.  

As TurboTax does not cover nonresident filing, I will suggest you to contact Sprintax. 

[yunadr]

Hi @LinaJ2020! Thank you for your reply. I contacted Sprintax several times and they keep saying they are for non-residents only. When I put my entry-exit dates in their system, it says I am considered a resident and have to proceed through TurboTax. But I had no income, so I have no idea what to do and what to file. Do you have any advice on it? I am so confused and stressed.

[ToddL99]

If you did not have any U.S. income, you do not have any filing requirement.

Form 8843 is only used to explain the basis of a claim that you can exclude days of presence in the United States for purposes of the substantial presence test. "Substantial presence" only has an effect on your taxes if you have income to tax.

[yunadr]

Hi @ToddL99,

thank you so much for reply, it’s such a relief!! So, am I understanding correctly, that even if I am considered a resident alien on J-1, I don’t have to file taxes and I’ll be alright? It’s my first time, so trying to make everything right!