Former international student, passed substantial presence test, how do I file my taxes?
After spending years in the US for both my undergraduate and graduate degrees, I've now moved back to my home country. I need to file my US taxes for this year and was planning to use SprintTax, but it's telling me I now qualify to file as a resident due to the amount of time I've spent in the US. I'm completely confused about how to properly file my taxes now. I worked part-time during the year and also received a scholarship and fellowship stipend of about $23,500. But now I'm lost because apparently I'm no longer supposed to file as a nonresident alien (NRA)? Can anyone tell me if I can just use regular tax software like TurboTax like my American friends do now that I've passed the substantial presence test? Or do I need to do something different because of my situation? There aren't many tax experts familiar with US taxes in my country, and I honestly can't afford to pay someone to file for me right now. Any guidance or resources would be super helpful!
19 comments


Dylan Campbell
The substantial presence test does change your filing status! Basically, if you were physically present in the US for at least 31 days during 2024 and 183 days during the 3-year period that includes 2024, 2023, and 2022, then you're considered a US resident for tax purposes. As a resident alien for tax purposes, you generally file the same forms and follow the same rules as US citizens. This means you can use software like TurboTax or other mainstream options instead of specialized international student tax software. You'll file Form 1040 instead of Form 1040-NR. The tricky part is that your worldwide income becomes subject to US taxation, not just your US-source income. However, there might be tax treaties between the US and your home country that could help prevent double taxation. For your scholarship/fellowship, you'll need to report it on your tax return. The taxable portion depends on whether it was used for qualified education expenses. Your work income will be reported just like for any US citizen.
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StarStrider
•Thank you! This is helpful but raises more questions for me. Since I moved back to my home country in August 2024, does that mean I'm still considered a US resident for all of 2024 for tax purposes? And what about the tax treaty - how do I know what applies to me?
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Dylan Campbell
•For the partial year question, you're considered a "dual-status alien" for 2024 - a nonresident for part of the year and a resident for the other part. You'll generally file Form 1040 but may need to attach a statement showing which income was earned during your resident period versus your nonresident period. For tax treaties, it depends on your home country. You can find a list of all tax treaties on the IRS website under "Tax Treaties." Most treaties have special provisions for students and scholars. Publication 901 "U.S. Tax Treaties" is a good resource, and you'll want to look at the specific article in your country's treaty that addresses students or teachers/researchers.
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Sofia Torres
I was in basically the same situation last year! I had spent 5 years in the US for school and had to figure out the substantial presence test stuff. I was super stressed about filing correctly and spent hours going down internet rabbit holes trying to understand everything. I finally found this service called taxr.ai (https://taxr.ai) that really saved me. You can upload your tax documents and it analyzes them specifically for international student situations like yours. It even helped me figure out the dual-status alien thing the previous commenter mentioned. What I liked is that it explained everything in simple terms - like it told me exactly what forms I needed based on my specific situation with the substantial presence test. It also flagged my scholarship correctly so I didn't overpay taxes on the qualified education portions.
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Dmitry Sokolov
•Does it handle state taxes too? I'm in a similar situation but also worked in two different states during my time as a student.
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Ava Martinez
•I'm skeptical about these online services for complicated international tax situations. How did it handle treaty benefits? My country has a tax treaty with the US and I always struggle with that part.
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Sofia Torres
•Yes, it handles state taxes too! I actually had income from an internship in California while my school was in New York, and it guided me through filing both state returns correctly. It even explained which state got "priority" for taxing certain income. For treaty benefits, it was actually really good with that part. You tell it your home country, and it automatically identifies which treaty provisions might apply to your situation. In my case, it found a treaty article that exempted part of my scholarship from US taxes. It gives you the specific treaty article numbers too so you can double-check everything.
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Ava Martinez
I have to apologize for my skepticism! I decided to try taxr.ai after seeing this thread and wow, it was actually incredibly helpful. I uploaded my documents and it immediately recognized my situation as a former F-1 student who passed the substantial presence test. The system walked me through everything step by step, explaining which parts of my fellowship were taxable and which weren't. It automatically identified the tax treaty between my country (India) and the US, and showed me exactly which benefits I qualified for under Article 21. The best part was that it explained the dual-status alien filing in simple terms and generated all the forms I needed. I was able to file everything myself instead of paying $300+ to an accountant. Wish I had known about this service years ago when I first started dealing with the substantial presence test confusion!
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Miguel Ramos
I had a nightmare situation with my international student taxes last year because of the substantial presence test. Filed everything, then got a notice from the IRS about errors. Tried calling them repeatedly but kept getting stuck in those awful automated phone queues and could never reach a human. After literally weeks of stress, I found this service called Claimyr (https://claimyr.com) that got me connected to an actual IRS agent in less than an hour. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent was able to explain exactly where I went wrong with my substantial presence test calculation and how to fix my return. They also confirmed that I could use regular tax software as a resident alien and walked me through the specific forms I needed to file. Saved me so much confusion!
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QuantumQuasar
•Wait, how does this actually work? The IRS phone lines are notoriously impossible to get through... does this service just keep auto-dialing for you or something?
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Zainab Omar
•Sounds like BS honestly. I've tried everything to get through to the IRS and nothing works. Hard to believe some service could magically get you through when millions of people can't reach them.
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Miguel Ramos
•It actually works by navigating the IRS phone tree for you and holding your place in line. Then when they get a human on the phone, you get a call back and are connected directly to the IRS agent. It's not auto-dialing - they have a system that efficiently navigates all the menu options and stays on hold so you don't have to. No, it's definitely not BS! I was super skeptical too at first. But I was desperate after trying to reach the IRS for weeks. The service called me back about 45 minutes after I signed up, and suddenly I was talking to a real IRS agent who could actually help with my specific international student tax questions. The agent even helped me understand which forms I needed to fix because of my dual-status alien situation.
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Zainab Omar
I need to eat some humble pie here. After posting my skeptical comment, I was still struggling with my tax situation as a former international student who hit the substantial presence test. I decided to try Claimyr as a last resort since my amended return had been stuck in processing for months. Got connected to an IRS agent in about 35 minutes! The agent confirmed that my amended return was in the system but explained it was flagged for review because I had incorrectly reported my scholarship income. She walked me through exactly how to handle the substantial presence test correctly and confirmed which forms I needed. The best part was being able to ask specific questions about my situation rather than just guessing. She explained that I needed to file Form 8833 to claim treaty benefits along with my 1040. Would have never figured that out on my own! Definitely worth it if you're stuck in international student tax limbo.
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Connor Gallagher
Just wanted to add something important about the substantial presence test that hasn't been mentioned yet. There's an exception for F and J visa holders called the "exempt individual" exception. Even if you physically meet the substantial presence test, time spent in F or J status during your first 5 calendar years in the US doesn't count toward the test. So if you were on an F-1 for undergrad and grad school but haven't been in the US for more than 5 calendar years total, you might still be a nonresident alien for tax purposes! Worth looking into before you go through the more complicated resident filing.
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StarStrider
•Wow, that's really important info! I was in the US for 6 years total (4 undergrad, 2 grad), so I guess that's why the substantial presence test kicked in for me. Does that mean my first 5 years didn't count, but my 6th year automatically made me a resident alien?
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Connor Gallagher
•That's exactly right! The first 5 calendar years you were in the US on an F-1 visa don't count toward the substantial presence test. But in your 6th year, those days do start counting. So if you were physically present enough in that 6th year (typically 183 days or more), then you would indeed be considered a resident alien for tax purposes for that year. This is a common situation for many international students who do both undergrad and grad school in the US. The switch in tax status in that 6th year catches many people by surprise!
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Yara Sayegh
If you're filing as a resident alien after passing the substantial presence test, don't forget about FBAR requirements! If you had foreign bank accounts with a combined total of over $10,000 at any point during the year, you need to file an FBAR (FinCEN Form 114). This is separate from your tax return and has really steep penalties if you miss it.
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Keisha Johnson
•And don't forget about Form 8938 (Statement of Foreign Financial Assets) which is similar but different from the FBAR. The thresholds are higher ($50k+ for single filers living in the US, higher for those living abroad), but it's an important form that goes with your actual tax return.
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Diego Vargas
This is such a common situation that catches so many former international students off guard! I went through the exact same thing a couple years ago. One thing I'd add that hasn't been mentioned yet - make sure you understand the "closer connection" exception. Even if you pass the substantial presence test, you might still be able to file as a nonresident if you can demonstrate that you have a closer connection to your home country than to the US. Since you moved back to your home country in August 2024, you might qualify for this exception for the portion of the year you were back home. You'd file Form 8840 (Closer Connection Exception Statement) to claim this. It considers things like where your permanent home is, where your family lives, where your personal belongings are, etc. Also, regarding software - yes, you can generally use regular tax software like TurboTax now, but be careful because most mainstream software isn't great at handling the dual-status alien situation or treaty benefits. The specialized services mentioned above might be worth considering given your specific circumstances with the scholarship income and the mid-year move back home.
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