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jimxx1995
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9 Replies
pk
Level 15
Level 15

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Till your visa status has been adjusted, you are still F-1 and since 2018 was your fifth calendar year of exemption from counting days present you still file using form 1040-NR ( not supported by TurboTax). Please visit SprinTax or a tax professional or your  school's foreign student office for help

Which country are you from ?

jimxx1995
Returning Member

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Hong Kong. Thanks for the answer. I check the 1040NR criteria for who should file 1040NR, but I don't think any of them apply to me. So do I just need to file 1040NR?
pk
Level 15
Level 15

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As I see the rules, Yes you need to file form 1040-NR -- as far as I can see there is no specific treaty between US and Hongkong -- suspect it is covered by Treaty with China.  Are you planning to assert treaty benefits ?
jimxx1995
Returning Member

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Thanks for answering my question. I am a little bit confused. What treaty are you talking about?
I checked the Table A "Who Must File Form 1040NR" of the pdf document below. I don't think conditions apply to me.

<a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/i1040nr.pdf">https://www.irs.gov/pub/irs-pdf/i1040nr.pdf</a>
pk
Level 15
Level 15

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No --the treaty conditions I am talking about are for students/ researchers from China -- there are $XXXX excludable from your taxable income.
jimxx1995
Returning Member

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I earned $0 income from 2014-2018. I think the Instructions for Form 1040NR says "if you have no gross income* for 2018, do not complete the schedules for Form 1040NR".
pk
Level 15
Level 15

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That is true -- for China there is an exclusion of the first $5000 or thereabout -- but if you did not have any income there is np reason to file.  Did you have foreign stipend  from China ?  That is usually excluded also
jimxx1995
Returning Member

Deleted

Thank you for answering. I didn't get any scholarship  or sponsorship from Hong Kong/China or my school. I basically paid all my tuition by my family's money.
pk
Level 15
Level 15

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then there is no need to file
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