F-1 Student Visa Status: Am I a Resident or Non-Resident Alien for Tax Purposes?

I've been on an F-1 student visa in the US from August 2020 to December 2024, and I'm currently back in my home country trying to figure out my tax filing status. I'm super confused about whether I qualify as a "resident alien" for tax purposes. Here's my timeline of being physically present in the US: 1. 08/15/2020 - 12/18/2020 2. 01/10/2021 - 03/20/2021 3. 08/24/2021 - 12/19/2021 4. 01/08/2022 - 05/25/2022 5. 08/15/2022 - 12/20/2022 6. 01/17/2023 - 05/18/2023 7. 08/20/2023 - 12/19/2023 8. 01/08/2024 - 05/15/2024 9. 08/19/2024 - 12/20/2024 (when I left) From what I understand, to meet the substantial presence test, I need to be physically present in the US for: 1. At least 31 days during 2024, and 2. At least 183 days during the 3-year period including 2024, 2023, and 2022, counting: * All days present in 2024 * 1/3 of days present in 2023 * 1/6 of days present in 2022 By my calculation, I was in the US about 250 days in 2024, 240 days in 2023, and around 270 days in 2022. This seems well over the 183-day requirement, but as an F-1 student, I'm not sure if different rules apply. Can I use TurboTax to file, or do I need to do something else? Any help is greatly appreciated!

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18 comments

Luca Ferrari

•8M

The substantial presence test calculation looks right, but there's a special exception for F-1 students you need to consider. F-1 students are generally considered "exempt individuals" for the first 5 calendar years they're in the US. This means those days don't count toward the substantial presence test. Based on your timeline, you first entered in 2020, so 2020-2024 would be your 5 exempt years. This means you're likely still a nonresident alien for tax purposes for 2024, regardless of how many days you were physically present. After those 5 years, you'd start counting days toward the substantial presence test, but only if you don't continue to meet the exemption requirements (like if you're no longer a student or have been in the US too long).

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Luca Ferrari

•8M

Yes, as an F-1 student, your first 5 calendar years in the US are exempt from the substantial presence test. Since you first entered in 2020, the years 2020-2024 don't count, so you're still considered a nonresident alien for 2024 tax purposes. You'll need to file Form 1040-NR instead of the regular 1040. TurboTax does support Form 1040-NR, but you might need their premium version. Sprintax is another option that specializes in nonresident tax returns and might be more straightforward for your situation.

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Nia Wilson

•8M

Hey guys, just wanted to share my experience with this exact situation. I struggled with the resident vs. nonresident status as an international student too. I found this awesome tool called https://taxr.ai that helped me figure this out without the headache. I uploaded my passport stamps and visa docs, and it analyzed my exact days in the US and told me my correct filing status. It even explained the F-1 exemption period and calculated everything automatically. Saved me hours of counting days and second-guessing myself. They have special expertise with student visas and the substantial presence test.

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Nia Wilson

•8M

Yes, it definitely works with J-1 visas too! It has specific calculations for different visa types including J-1, which also has special exemption rules similar to F-1 but slightly different. The tool knows all these nuances. For your question about accuracy - it actually corrected my own calculations. I thought I qualified as a resident alien because I'd been here for 3 years, but it showed me that my first two years were exempt as an F-1 student. Saved me from filing incorrectly, which could have been a nightmare to fix later. The documentation it provided gave me peace of mind that I was following the right IRS rules.

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Mateo Martinez

•8M

I tried the taxr.ai tool mentioned above after reading about it here. Wow, what a lifesaver! I've been stressing for weeks about my tax status as a J-1 researcher. The tool analyzed my entire travel history and confirmed I'm still a nonresident alien because of the exemption rules. It even generated a detailed report explaining why I'm exempt from the substantial presence test despite being physically present for more than 183 days during the 3-year period. The best part was it showed me exactly which tax forms I need and what income is taxable vs. non-taxable for my specific situation. Would have taken me days to figure this out on my own. Definitely recommend to anyone on a student or scholar visa trying to determine their tax status.

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Ethan Clark

•8M

For anyone struggling to get answers directly from the IRS about their resident status, I found a service called https://claimyr.com that helped me get through to an actual IRS agent. I was stuck in an endless loop trying to figure out my F-1 status after being in the US for exactly 5 years, and the online resources weren't clear for my specific case. After trying for weeks to reach someone, I used Claimyr and got connected to an IRS representative in less than 30 minutes. They confirmed my exact status and answered all my questions about the F-1 exemption period. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c It's definitely worth it if you need official clarification on your specific situation.

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Ethan Clark

•8M

It doesn't call for you - it holds your place in the IRS phone queue and then calls you when an agent is about to answer. So instead of you waiting on hold for hours, their system does the waiting and alerts you when you're next in line. They absolutely resolved my specific question. The IRS agent I spoke with specialized in international taxpayer issues and walked me through exactly how the 5-year exemption period works for F-1 students. She confirmed that my fifth calendar year would be my last exempt year, and starting next year I would need to apply the substantial presence test. She even explained what documentation I should keep to prove my status in case of questions later.

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Yuki Sato

•8M

Just wanted to follow up about that Claimyr service mentioned earlier. I was super skeptical but was desperate to talk to someone at the IRS about my F-1 tax status confusion. I tried it yesterday, and I'm still shocked it actually worked! After THREE MONTHS of trying to reach the IRS on my own (and never getting through), I got connected in about 45 minutes. The agent clarified my exact situation - turns out I was overthinking everything. Since I entered in 2021 on F-1, I'm still in my exempt period regardless of how many days I've been physically present. For anyone debating whether it's worth trying - if you need specific answers about your international student status, it absolutely is. Saved me from filing incorrectly and potentially dealing with amendments later.

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Carmen Ruiz

•8M

Yes, tax treaties can definitely make a difference! Malaysia does have a tax treaty with the US, and it can affect how certain types of income are taxed even as a nonresident. The IRS has Publication 901 (US Tax Treaties) that summarizes the provisions, but they're not always easy to understand. The treaty might give you special treatment for scholarships, fellowships, or certain types of income. You can find the basics on the IRS website, but the actual treaty text is more detailed. When you file your taxes, you'd need to fill out Form 8833 to claim any treaty benefits.

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