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frank12
New Member

Resident Alien or Non-resident Alien for Exchange Study History with F1

I was an exchange student with F1 visa from 2015 to February 2016. Then I went back to my home county to finish college during later 2016 to 2017, but the expiration date of the 2015 F1 was 2020. And then I started in a different school from in July 2017 with a new F1. Am I a resident alien or non-resident alien starting from 2020 and can I use Turbotax? Thanks a lot for your help.

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Accepted Solutions
pk
Level 15
Level 15

Resident Alien or Non-resident Alien for Exchange Study History with F1

As I read your post , what I understand is -->  (a) you entered the country with F-1  in 2015.;  (b) you were absent from the USA  for part of 2016 and part of 2017;  (c) you returned to USA with a new F-1 during 2017;  (d) now the  question is when does  your exemption period run out.

Since the original F-1 provided you with a five year exemption period, i.e. till 2019 ( five years counting  the year of admission  ), you would have been treated as a  Non-Resident Alien  till the end of the year 2019, as long as you met  the conditions of your visa.  You can back in 2017 with a new F-1 but the original five year exemption  still applies i.e. the new  visa does not start a new  five year period. Thus  for the years 2017, 2018 and 2019 ( as long as you are in school ) you still would be exempt from counting days present towards substantial presence  test ( SPT).  So for those year you must file 1040-NR ( Not  supported by TurboTax).  Absent any status adjustment that is where we are.  From 2020  you would count days present and therefore ( unless something else changes ) you would be a Resident Alien for Tax purposes and therefore file a form 1040 ( supported by TurboTax )

Does this answer your query?

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2 Replies
pk
Level 15
Level 15

Resident Alien or Non-resident Alien for Exchange Study History with F1

As I read your post , what I understand is -->  (a) you entered the country with F-1  in 2015.;  (b) you were absent from the USA  for part of 2016 and part of 2017;  (c) you returned to USA with a new F-1 during 2017;  (d) now the  question is when does  your exemption period run out.

Since the original F-1 provided you with a five year exemption period, i.e. till 2019 ( five years counting  the year of admission  ), you would have been treated as a  Non-Resident Alien  till the end of the year 2019, as long as you met  the conditions of your visa.  You can back in 2017 with a new F-1 but the original five year exemption  still applies i.e. the new  visa does not start a new  five year period. Thus  for the years 2017, 2018 and 2019 ( as long as you are in school ) you still would be exempt from counting days present towards substantial presence  test ( SPT).  So for those year you must file 1040-NR ( Not  supported by TurboTax).  Absent any status adjustment that is where we are.  From 2020  you would count days present and therefore ( unless something else changes ) you would be a Resident Alien for Tax purposes and therefore file a form 1040 ( supported by TurboTax )

Does this answer your query?

frank12
New Member

Resident Alien or Non-resident Alien for Exchange Study History with F1

Thank you so much for the clear and perfect answer!
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