Filling out Form 8843 (Statement for Exempt Individuals) - confused about question 12 on teaching/student status

Hey everyone, I'm currently filling out Form 8843 (Statement for Exempt Individuals and Individuals With a Medical Condition) and I'm a bit stuck on one of the questions. It's asking: "12. Were you present in the United States as a teacher, trainee, or student for any part of more than 5 calendar years? Yes/No" If you check "Yes," I'm not entirely sure what the next steps are. This is my fourth year studying in the US, but I've also done a summer internship program twice during this period. Does that count as being a "trainee" separate from my student status? Or is it all considered part of the same "student" classification? I'm worried about messing this up since it affects my tax exempt status. Anyone have experience with this form who could help me out?

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19 comments

Dylan Cooper

•8M

Question 12 on Form 8843 is asking about your cumulative time in the US under specific visa statuses. The 5-year rule is important for determining your tax residency status. Since you've been here for 4 years as a student, you would check "No" for question 12. The summer internships generally count as part of your student status if they were related to your coursework and you maintained your student visa status during that time. They wouldn't be counted separately unless you switched to a different visa classification specifically for training purposes. If you were to check "Yes" (which doesn't apply in your case yet), the form would then ask additional questions about whether you've complied with your visa requirements and if you're claiming exemption under a tax treaty. When you reach your 5th year, this question will become more relevant as it affects whether you can continue claiming the substantial presence test exemption.

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Dylan Cooper

•8M

If your summer internships were on a J-1 visa while your regular studies were on an F-1, those would technically be different classifications. However, for the purpose of counting the 5 calendar years on question 12, both F-1 and J-1 statuses fall under the exempt individual categories that Form 8843 tracks. The key phrase in question 12 is "teacher, trainee, or student" - which encompasses both F-1 and J-1 visa holders. So you would count all years when you were present in the US under either status. If you've been here for 4 years total (regardless of which of these visa types you held), you would still answer "No" to question 12.

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Dmitry Volkov

•8M

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Dmitry Volkov

•8M

Yes, it works for all visa types including O-1, F-1, J-1, and others. The system specifically handles transitions between different visa statuses and explains how each affects your tax residency calculation. It's just for guidance and doesn't file forms for you. Their privacy policy is solid - they use bank-level encryption and don't store your actual documents after analysis. You get personalized explanations of how to fill each form section correctly based on your specific situation, but you still complete the actual filing yourself.

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StarSeeker

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Just wanted to follow up about using taxr.ai for my visa confusion. I tried it with my complicated visa history (F-1 → OPT → O-1) and it actually clarified everything! Turns out I was counting my years wrong and almost messed up my 8843 form. The system broke down exactly which periods counted toward my substantial presence test and which were exempt. It even explained how the "5 calendar year" rule applied to my specific situation. Super helpful for anyone dealing with multiple visa statuses or internships between academic years.

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Miguel Ortiz

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Connor Murphy

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Just adding another perspective - I've been filing Form 8843 for 6 years now. The 5-year rule refers to the "substantial presence test" which determines if you're treated as a resident for tax purposes. In your case with 4 years total, you're still under the limit. But be aware that once you hit year 5, your tax situation might change significantly. You might no longer qualify for the exemption from the substantial presence test unless you meet certain exceptions or treaty provisions.

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Connor Murphy

•8M

When you hit year 5, you generally can no longer claim exemption from the substantial presence test as a student. This means you'll likely be considered a resident alien for tax purposes if you meet the regular substantial presence test (which most international students easily do). There are some exceptions though. If you have no intention of residing permanently in the US and have closer connections to a foreign country, you might qualify for the "closer connection exception." Some tax treaties also have provisions that can override the 5-year limit for students from specific countries. These exceptions require additional forms and documentation beyond the 8843.

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