< Back to IRS

Gael Robinson

F1 Student - Why not use Schedule D for reporting capital gains from stock sales?

I've been in the US for almost 2 years on an F1 visa and did some investing in the stock market during that time. Made a few trades that resulted in some capital gains. When I talked to a friend who's also an international student, they told me I need to use Schedule NEC with Form 1040NR for reporting my capital gains from selling stocks as an F1 student. But I'm confused because everything I read online seems to point to Schedule D for capital gains reporting. I sold about $5,800 worth of stocks with a gain of around $720. Most of my online research suggests Schedule D is for capital gains, but my friend is insistent that as F1 students we need to use Schedule NEC with Form 1040NR instead. Can anyone clarify why I shouldn't use Schedule D? Is there something specific about F1 visa status that changes how capital gains should be reported? I'm trying to prepare my taxes early for the upcoming tax season and want to make sure I'm doing this correctly.

Your friend is mixing up some tax concepts. Here's what you need to know: As an F1 student in the US for less than 5 years, you're generally considered a nonresident alien for tax purposes, which means you should file Form 1040NR. For your capital gains specifically, you actually DO need to use Schedule D to calculate your capital gains and losses. However, where your friend is partially right is that those capital gains get reported differently than a US citizen's would. The results from Schedule D would then transfer to the Foreign Income section of the 1040NR, not to the regular income section as it would for US residents. Schedule NEC (Non-Employee Compensation) is typically used for reporting freelance or contract income, not investment income like capital gains from stocks. So that part is definitely incorrect.

0 coins

Darcy Moore

•

Wait, so does OP need to fill out Schedule D and attach it to the 1040NR, or just use Schedule D to calculate the amount and then put that number somewhere on the 1040NR? Also, does it matter if the stocks were from US companies vs international ones?

0 coins

You would complete Schedule D to calculate your capital gains/losses, and yes, attach it to your 1040NR. The results would then flow to the appropriate section on your 1040NR (typically in the "Capital Gains and Losses" section). For your second question, the source of the stocks (US vs international companies) can matter, but what's more important is where the stock exchange is located. If you're trading on US exchanges, even for foreign companies, that's generally considered US-sourced income for tax purposes. That said, certain tax treaties might provide different treatment, depending on your home country.

0 coins

Dana Doyle

•

Hey! I was in a similar situation last year and found out about taxr.ai (https://taxr.ai) which really helped me sort through my international student tax situation. I had traded stocks while on my F1 visa and was totally confused about which forms to use. Their system analyzed my situation and confirmed I needed to use Schedule D with my 1040NR, not Schedule NEC like your friend suggested. What I particularly liked is that their system explained WHY I needed to use Schedule D and how the tax treaty with my home country affected my reporting requirements. You just upload your documents and it gives you a complete analysis tailored to your specific visa status.

0 coins

Liam Duke

•

How long did it take to get a response? I'm on J1 visa and have some crypto gains I need to report. Wonder if they could help with that too or is it just for traditional stocks?

0 coins

Manny Lark

•

Does it actually work for complex situations? I'm F1 too but I have income from a startup I'm involved with plus stocks, and my university tax office said I might need to hire a specialist.

0 coins

Dana Doyle

•

The response time was incredibly quick - I got my initial analysis within a few hours. They do handle crypto gains as well, and actually explained the specific reporting requirements for cryptocurrency as a nonresident which was super helpful. For complex situations, that's actually where they shine the most. I had a friend who was also F1 with both OPT income and startup equity, and they were able to sort through all the requirements. They'll tell you if your situation truly requires specialized in-person help, but most international student tax scenarios they can handle completely.

0 coins

Manny Lark

•

Just wanted to update after trying taxr.ai that someone recommended. I was really skeptical since my tax situation seemed too complicated (F1 visa with stock trades, crypto, and some freelance coding work), but it actually worked better than I expected. They confirmed I needed Schedule D for my stock gains but also helped me understand how to report my crypto properly (which was a whole different thing I didn't even know about). The analysis broke down exactly which forms I needed and where each type of income should go on my 1040NR. Saved me from making a big mistake with my freelance income too, which apparently needed to be reported differently than I thought.

0 coins

Rita Jacobs

•

For anyone struggling to reach the IRS for clarification on international student tax questions like this, I'd recommend trying Claimyr (https://claimyr.com). I spent WEEKS trying to get through to the IRS international taxpayer line about my F1 tax situation, and it was impossible. Claimyr got me connected to an actual IRS agent in about 20 minutes. The agent confirmed exactly what others are saying here - that Schedule D is indeed the correct form for reporting capital gains, even for F1 students, and that Schedule NEC is for non-employee compensation like freelance work. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c In my case, I had the added complication of a tax treaty with my home country, and the IRS agent was able to walk me through exactly how that affected my capital gains reporting.

0 coins

Khalid Howes

•

How does this actually work? I don't understand how they can get through when nobody else can. Seems like it would be against IRS rules or something.

0 coins

Ben Cooper

•

Sorry but this sounds like BS. I've been told by multiple people that it's literally impossible to reach the IRS by phone these days. There's no way some service can magically get through when millions of people can't.

0 coins

Rita Jacobs

•

It's actually pretty straightforward - they use an automated system that continuously redials and navigates the IRS phone tree until it gets through. It's completely legitimate and doesn't break any rules. They just do the frustrating wait process for you. The reason it works is because the IRS phone system isn't completely inaccessible - it's just that the wait times are extremely long and unpredictable. Most people give up after a few tries, but their system doesn't. In my case, it took about 45 minutes of their system trying before I got connected, but I didn't have to sit there listening to hold music the whole time.

0 coins

Ben Cooper

•

I have to admit I was completely wrong about Claimyr. After posting that skeptical comment, I decided to try it myself because I was desperate to resolve a similar international tax question about my OPT income and some stocks I sold. It actually worked exactly as described. Their system called the IRS, navigated all the prompts, waited on hold (took about 35 minutes), and then when an agent finally picked up, my phone rang and I was connected directly to the IRS agent. The agent confirmed I needed to use Schedule D for my capital gains as an F1 student, and helped clear up some confusion about treaty benefits too. I've spent literally months trying to get this information, so I'm still kind of shocked it worked. Definitely worth it for international students with complicated tax situations.

0 coins

Naila Gordon

•

I just wanted to add that as an F1 student, your tax residency status is super important here. If you've been in the US for 5+ calendar years, you might be considered a "resident alien" for tax purposes under the substantial presence test, which would mean filing a different form altogether (1040 instead of 1040NR). In that case, Schedule D is definitely what you'd use for capital gains. But even as a nonresident on Form 1040NR, Schedule D is still correct for calculating capital gains - your friend is definitely wrong about Schedule NEC.

0 coins

Gael Robinson

•

Thanks for mentioning this! I've only been here for 2 years so I'm definitely still a nonresident alien for tax purposes. But this is really helpful to know for future reference as I'll be hitting that 5-year mark eventually if I stay for my graduate studies. So to be clear, even as a nonresident filing 1040NR, I should still use Schedule D for my stock sales, correct?

0 coins

Naila Gordon

•

Yes, that's exactly right. Even as a nonresident filing Form 1040NR, you should still use Schedule D to report and calculate your capital gains and losses from stock sales. The Schedule D calculations will then flow to the appropriate section of your 1040NR. Just remember that as a nonresident, you're generally only taxed on U.S. source income. So if any of your stock trading was on foreign exchanges, those might be treated differently. But for stocks traded on U.S. exchanges, Schedule D is the correct form.

0 coins

Cynthia Love

•

Quick question - does anyone know if there's a minimum amount of capital gains that requires reporting for F1 students? I made like $200 from stocks this year and wondering if I even need to bother with all this Schedule D stuff.

0 coins

Darren Brooks

•

There's no minimum threshold specifically for capital gains. If you're required to file a tax return (which most F1 students are), then you need to report all your US-source income, including that $200 in capital gains.

0 coins

Just to clarify one more point that might be confusing - while everyone is correctly saying to use Schedule D for your capital gains, make sure you understand that as an F1 student filing Form 1040NR, you'll be using Schedule D-NR (the nonresident version), not the regular Schedule D that US residents use. The calculation process is essentially the same, but Schedule D-NR has some specific instructions for nonresidents. Your $720 gain from $5,800 in stock sales would definitely need to be reported using this form, and then the net gain would transfer to your 1040NR. Also, keep good records of your cost basis and sale dates - you'll need those details for the Schedule D-NR. Don't let your friend convince you to use Schedule NEC, that's definitely for contractor/freelance income, not investment gains.

0 coins

Zoe Gonzalez

•

This is really helpful clarification! I didn't realize there was a separate Schedule D-NR for nonresidents. I've been looking at the regular Schedule D instructions this whole time and was getting confused about some of the sections. Where can I find the Schedule D-NR form and instructions? Is it available on the IRS website like the other forms, or do I need to look somewhere specific for nonresident forms?

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today