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jeenkang
New Member

SprintTax tells me that I'm a resident for tax purposes. I'm on F-1 visa. Am I really a resident?

I've been a student on F-1 visa since August 2012, with some stay in U.S. under J-2 in 2007-2008. I took the substantial presence test through SprintTax and it tells me "Based on the information you provided, you are deemed a US resident for tax purposes, which means Sprintax software isn’t suitable for you. Sprintax facilitates non-resident tax return preparation only."
However, IRS's Substantial Presence Test page says that a student with F visa is an exempt individual, so my stays in U.S. since 2012 shouldn't be counted.

I'm confused. Am I a resident or a non-resident for tax purposes?

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1 Best answer

Accepted Solutions

SprintTax tells me that I'm a resident for tax purposes. I'm on F-1 visa. Am I really a resident?

On F1 you are exempt from counting days for the substantial presence test for 5 years. The 5 years is a lifetime limit and you also need to count any years on F, M, J, or Q visas towards this limit. So your first 5 calendar years are 2007, 2008, 2012, 2013 and 2014. In 2015 you would have had to start using the physical presence test to determine residency. So if you meet that test, you are a resident alien.

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2 Replies

SprintTax tells me that I'm a resident for tax purposes. I'm on F-1 visa. Am I really a resident?

On F1 you are exempt from counting days for the substantial presence test for 5 years. The 5 years is a lifetime limit and you also need to count any years on F, M, J, or Q visas towards this limit. So your first 5 calendar years are 2007, 2008, 2012, 2013 and 2014. In 2015 you would have had to start using the physical presence test to determine residency. So if you meet that test, you are a resident alien.

kimy0201
New Member

SprintTax tells me that I'm a resident for tax purposes. I'm on F-1 visa. Am I really a resident?

Hi there I have a similar problem -- I was in the states from august 2013 - dec 2017 for college then opt from feb 2018 - feb 2019. filed my taxes using turbotax. Do i need to amend? Sprintax is telling me im a resident.
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