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How to file Form 8843 as a 6th Year F-1 Student claiming Non-Resident Alien status?

I'm currently in my 6th year as an international student on an F-1 visa, and I'm trying to figure out how to properly file my taxes as a Non-Resident Alien. During my first five years, this was straightforward since my days in the US didn't count toward the substantial presence test, making me automatically a non-resident. Now that I'm in my 6th year (2023), I would normally be considered a resident alien. However, I want to use "The Closer Connection Exception to the Substantial Presence Test for Foreign Students" (not the regular closer connection exception!) to maintain my non-resident status. According to IRS regulations, ยง7701(b)(5)(E) includes this provision: >Limitation on students > >For any calendar year after the 5th calendar year for which an individual was an exempt individual under clause (ii) or (iii) of subparagraph (A), such individual shall not be treated as an exempt individual by reason of clause (iii) of subparagraph (A), **unless such individual establishes to the satisfaction of the Secretary that such individual does not intend to permanently reside in the United States and that such individual meets the requirements of subparagraph (D)(ii).** My problem is with Line 12 of Form 8843, which states: "*You must provide sufficient facts on an attached statement that you do not intend to reside permanently in the United States*" I've spent days researching online and even visited multiple tax preparation offices, but nobody seems to know exactly what this statement should include or how to format it. What should this statement look like? Is it just a letter explaining that I meet the criteria? What kind of evidence should I include? Has anyone successfully filed this exception before? Thanks for any guidance!

Lara Woods

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Hey guys, wanted to share what worked for me as a 6th-year student from Canada. My statement for Form 8843 was actually pretty simple and got accepted without issues. I basically wrote 2 paragraphs: Paragraph 1: Stated my permanent address in Canada, mentioned my family there, noted that I maintain my Canadian health insurance, bank accounts, driver's license, and voter registration. Paragraph 2: Explicitly stated my plans to return to Canada immediately after finishing my program (with specific date), mentioned the job sector I plan to work in back home, and stated clearly "I do not intend to permanently reside in the United States." I signed and dated it, attached it to Form 8843, and had zero issues. No need to overthink it!

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Adrian Hughes

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Did you have to provide any actual proof though? Like copies of your Canadian documents or anything? Or did they just take your word for it?

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As someone who just went through this process successfully, I want to emphasize that the key is being specific and genuine in your statement. Don't overthink it, but make sure you cover the essential elements the IRS is looking for. Here's what I included in my statement that got accepted without any issues: 1. **Clear statement of intent**: "I do not intend to permanently reside in the United States and plan to return to [country] upon completion of my studies in [specific month/year]." 2. **Permanent residence details**: Address where you maintain your permanent home, who lives there (family members), and how long you've maintained that residence. 3. **Financial ties**: Bank accounts, investments, property, or other financial commitments in your home country. 4. **Personal/family ties**: Immediate family members, dependents, or close relatives who rely on you or whom you support financially. 5. **Professional plans**: Specific career plans, job applications, or professional licensing you're pursuing in your home country. 6. **Cultural/civic ties**: Things like voter registration, professional memberships, religious affiliations, or community involvement that demonstrate ongoing connection to your home country. The statement doesn't need to be lengthy - mine was about 1.5 pages, typed, signed, and dated. Keep it professional but personal. The IRS wants to see that your presence in the US is genuinely temporary and that you have compelling reasons to return home. Remember, this exception exists specifically for students like us, so don't be afraid to use it if you legitimately qualify!

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Ali Anderson

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This is exactly the kind of practical breakdown I was looking for! Thank you for sharing your successful approach. I'm particularly interested in point #5 about professional plans - I'm currently in the process of getting my credentials evaluated for practice back home. Would mentioning that I'm working with credential evaluation services in my home country strengthen my case, even if the process isn't complete yet? Also, did you mention any specific timeline for when you plan to leave the US, or just the general month/year?

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Ahooker-Equator

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This is really helpful information! I've been dealing with a similar excess contribution situation and was worried I'd have to withdraw everything including the earnings. One question I have - when you carry forward the excess contribution, do you need to file Form 5329 every year until the excess is "absorbed," or just for the first year? And is there any limit to how many years you can carry it forward? I'm also curious about the practical side - how do you track this on your own records? Do you just make a note that part of next year's contribution is actually the carried-forward excess from this year?

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Yuki Sato

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You need to file Form 5329 each year that you have an excess contribution until it's fully absorbed. So if you carry forward $3,000 excess and can only contribute $2,000 the next year, you'll still have $1,000 excess that requires another Form 5329 filing. There's no specific limit on how many years you can carry it forward, but you'll pay the 6% excise tax each year until it's resolved. For tracking, I keep a simple spreadsheet with: - Original excess amount - Year of excess - Annual 6% tax paid - Amount "absorbed" each subsequent year - Remaining excess balance When I make my regular Roth contribution each year, I subtract any carried-forward excess from my maximum allowed contribution. So if I have a $2,000 excess and the limit is $7,000, I can only contribute $5,000 in new money that year. Most tax software handles Form 5329 well once you know you need to file it. The key is entering the excess contribution amount correctly and making sure it carries forward to subsequent years until fully absorbed.

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Alice Fleming

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One thing to consider - if you were receiving pandemic unemployment during that same period, reporting the additional income might affect your eligibility for those benefits. The unemployment system might determine you were overpaid benefits based on your actual income.

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Hassan Khoury

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That's a really good point! How would that even work retroactively? Would unemployment send a bill for overpayment or something?

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Mei Chen

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Yes, unemployment agencies can and do pursue overpayment recovery even years later. They typically send a notice of overpayment with options to either pay back in full or set up a payment plan. In some cases, they can also offset future tax refunds or benefits. However, the specific rules vary by state and depend on factors like whether you reported your side gig income when filing weekly claims. If you were supposed to report this income during your claim period and didn't, that could be considered fraud rather than just an overpayment. I'd recommend checking with your state's unemployment office about their policies before filing the tax amendment, just so you know what to expect.

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Aisha Khan

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Just want to emphasize what others have said - definitely file that amended return ASAP. I had a similar situation in 2020 where I underreported by about $15k from freelance work. The longer you wait, the more interest accumulates, and the IRS has that 6-year window for substantial underreporting like yours. One thing that helped me was keeping detailed records of when I discovered the error and what steps I took to correct it. I included a letter with my 1040-X explaining the honest mistake and how I found the missing records. The IRS actually waived most of the penalties because of the voluntary disclosure and good faith effort to correct it. Also, double-check that your business deductions are solid before filing the amendment. Since you're already drawing attention to that tax year, make sure everything else is bulletproof. Better to be conservative on deductions than give them any reason to dig deeper.

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Eve Freeman

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This is really helpful advice! I'm curious about the letter you mentioned including with your 1040-X - did you use any specific format or language that seemed to work well with the IRS? I'm in a similar situation and want to make sure I explain the honest mistake properly without accidentally saying something that could hurt my case.

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Zachary Hughes

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Has your employer given you any info about COBRA? When I had surgery last year, my HR dept told me COBRA might actually be cheaper than paying the full premium directly to them. Weird but true in some cases! Worth asking about.

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Mia Alvarez

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This is solid advice. My company's insurance was $1100/month but COBRA was somehow only $950. Something about administrative fees being calculated differently. Definitely check both options.

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Chloe Taylor

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One thing to keep in mind - make sure you get documentation from your employer stating that these premium payments are being made with after-tax dollars and that you're maintaining the same coverage you had while employed. The IRS may want to see proof that this isn't duplicating any pre-tax deductions. Also, since you're looking at substantial medical expenses with the hip replacement, consider timing any elective medical procedures or expenses for this same tax year if possible. Since you'll likely exceed that 7.5% AGI threshold anyway, it makes sense to bunch as many qualifying medical expenses as you can into 2025 to maximize your deduction. Hope your surgery goes well and recovery is smooth!

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JaylinCharles

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Great point about getting documentation from the employer! I'm dealing with a similar situation and hadn't thought about getting that written confirmation. The timing advice is really smart too - I was actually putting off some dental work until next year, but if I'm already going to hit that 7.5% threshold with my medical expenses, it makes total sense to get everything done in the same tax year. Thanks for that insight! One question though - when you say "elective medical procedures," does that include things like physical therapy or follow-up treatments that might be recommended but not absolutely required? Or are you talking more about completely separate procedures like dental work or vision care?

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Giovanni Rossi

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could be identity theft... happened to me last year. somebody was stealing my mail

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Lena Kowalski

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omg never thought of that. how did u fix it?

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Giovanni Rossi

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had to file police report + form 14039 with IRS. whole mess took 3 months to fix ๐Ÿ˜ซ

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Ingrid Larsson

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I went through the exact same thing last year! After the third "30 day wait" I finally got fed up and called my congressman's office. They have a constituent services team that can contact the IRS directly on your behalf. Got my refund within 2 weeks after months of runaround. Sometimes you need someone with actual authority to light a fire under them. Worth a shot if the payment trace doesn't work!

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That's brilliant advice! I never would have thought to contact my congressman's office. Did you just call their main number or is there a specific way to reach the constituent services team? This whole situation is so stressful and I'm willing to try anything at this point.

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Yara Khalil

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Just go to your congressman's website and look for "Help with Federal Agencies" or "Constituent Services" - every office has this. You'll fill out a form explaining the issue and they'll contact the IRS directly. Way more effective than calling yourself! @TillyCombatwarrior definitely try this if the payment trace route doesn't pan out.

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