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non resident or resident alien (F1-student)

I maintained my F1 status from 2013 Aug to 2013 Dec. I left the US on 2013 Dec and took a leave of absence starting from 2014 Spring. (I have done nothing about this status of this school since then.) 

Later, I became a new F-1 student in a new school with different I-20.  Until now, I have remained the same status. Every year, I will be not present in the US at most two months.

I am wondering when I can file as a resident alien? 2018 or 2019 tax return? or I have to wait one more year? Next year to file 2020 tax return?

Thanks.

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1 Best answer

Accepted Solutions
SusanY1
Expert Alumni

non resident or resident alien (F1-student)

You will begin to count the days to determine if you meet the substantial presence test on the first day of the sixth calendar year (2018).  The IRS has a good example of how to calculate it here: IRS Substantial Presence Test.

 

It sounds to me like you are a resident beginning in 2018 (so long as you were present at least 183 days in 2018) but I am not certain that I have all of the pertinent facts.  

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2 Replies
SusanY1
Expert Alumni

non resident or resident alien (F1-student)

You will begin to count the days to determine if you meet the substantial presence test on the first day of the sixth calendar year (2018).  The IRS has a good example of how to calculate it here: IRS Substantial Presence Test.

 

It sounds to me like you are a resident beginning in 2018 (so long as you were present at least 183 days in 2018) but I am not certain that I have all of the pertinent facts.  

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

non resident or resident alien (F1-student)

Thanks, Susan! I appreciate it a lot.

For your information, I guess the following may matter. First, I did not do my 2013 tax return since I had no income then. Second, I did not in the USA from '14 Jan to '15 July. Last, I did not do anything about my first F1 status and just directly applied for a new VISA in 2015.

 

Thank you,

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