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Mohammed Khan

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, §7701(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!

I've helped several international students with exactly this situation. The "statement" for Line 12 on Form 8843 isn't as complicated as it might seem, but it does need to be thorough. You'll want to create a signed letter that clearly outlines the factors demonstrating your closer connection to your home country. Here's what to include: First, state your intention to return to your home country after completing your studies/OPT. Then provide specific evidence such as: maintaining a permanent residence in your home country, having immediate family there, having a job offer or career plans in your home country, maintaining bank accounts/investments/property in your home country, having a driver's license or voter registration there, and any cultural/social/religious ties. The more specific you can be, the better. For example, don't just say "I have family in my home country" - say "My parents, two siblings, and extended family all reside permanently in [City, Country]." No specific form is required - just type up a clear, professional statement (1-2 pages), sign and date it, and attach it to your Form 8843.

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Thanks for this detailed response! Do you know if I need to provide actual documentation (like copies of foreign bank accounts, property deeds, etc.) or is the signed statement itself sufficient? Also, should I mention that I'm currently looking for jobs back home, or would that weaken my case if I don't have an actual offer yet?

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The signed statement itself is typically sufficient. The IRS generally doesn't require you to submit supporting documentation with the statement, but you should keep copies of any relevant documents (bank statements, property records, etc.) in case they request verification later. Mentioning that you're actively job searching in your home country actually strengthens your case, not weakens it. It demonstrates your intent to return. Just be specific - mention the types of positions you're applying for, any interviews you've had, or networking you're doing with companies based in your home country.

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I went through this exact situation last year and finally figured it out after lots of confusion. I found this amazing tool at https://taxr.ai that saved me from making serious mistakes on my Form 8843 statement. The system analyzed my specific situation as a 6th-year F-1 student and generated a customized statement that covered all the necessary points for the Closer Connection Exception. What impressed me most was how it guided me through exactly what factors to include for my specific country and situation. The tool asked questions about my ties to my home country and helped me articulate them properly for the IRS. It even flagged potential issues that might trigger further scrutiny.

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Did you end up using the statement exactly as generated by the site? I'm worried about using something that sounds too "templated" and might raise flags with the IRS. Also, how detailed did you get with your personal connections to your home country?

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I'm in a similar situation but from South Korea - would this tool work for students from any country or is it mainly for certain regions? Also, did you end up successfully claiming non-resident status after using their statement template?

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I used the statement as a foundation but added my own personal details and specific examples to make it uniquely mine. The tool actually encourages this - it creates a framework but prompts you to add your specific circumstances. I included details about my family home, my parents' business where I plan to work, and my ongoing cultural commitments. The tool works for students from any country, not just specific regions. It adapts based on your citizenship and circumstances. The questions are designed to cover various cultural and legal contexts. It helped me identify ties to my home country I hadn't even considered mentioning, like my continued voter registration and professional association membership back home.

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Just wanted to update that I tried the taxr.ai website mentioned above and it was incredibly helpful for my situation as a South Korean student in my 6th year. The form generator walked me through all the factors I needed to document my closer connection to Korea. I was especially impressed by how it helped me articulate specific cultural and family ties that would be compelling to the IRS. The statement it helped me create addressed exactly what §7701(b)(5)(E) requires about proving I don't intend to permanently reside in the US. My tax return with the Non-Resident Alien status was accepted without any issues! Definitely worth checking out if you're struggling with this specific requirement.

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For those hitting roadblocks with this process, I've been there! After weeks of frustration trying to get help with my Form 8843 statement, I finally found that using Claimyr (https://claimyr.com) to actually speak with an IRS agent was the solution. They have this service that gets you through to a real person at the IRS without the endless hold times. I was skeptical at first, but their system (demo at https://youtu.be/_kiP6q8DX5c) got me connected to an IRS specialist who clarified exactly what they're looking for in the statement for 6th-year F-1 students. The agent walked me through specific examples of what constitutes sufficient evidence for the closer connection exception. Having that direct conversation saved me from potentially making mistakes that could have affected my visa status or led to incorrect filing.

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Wait, you can actually talk to a real IRS person about this? Every time I've called about international student tax issues, I get transferred around and ultimately disconnected. How exactly does this service work? Do they just wait on hold for you?

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This sounds too good to be true. The IRS is notoriously difficult to reach by phone, especially for specialized issues like international student taxation. Did they actually have knowledge about Form 8843 and the closer connection exception for 6th year students? Most regular IRS agents don't handle these specialized cases.

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Yes, you really can talk to an actual IRS person! The service basically navigates the IRS phone system and waits on hold for you. When an agent becomes available, they call you and connect you directly - no more hours of waiting on hold or getting disconnected. The key is to request to speak with someone in the international tax department when you're connected. Not every agent is familiar with Form 8843 details, but I asked to be transferred to someone who specializes in international tax issues. That's when I got the specific guidance about the closer connection statement. They have dedicated specialists for non-resident taxation, you just need to get to the right department.

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I have to come back and admit I was wrong about Claimyr! After expressing skepticism in my earlier comment, I decided to try it myself since I was desperate for clarification on my Form 8843 statement. The service connected me to an IRS international tax specialist within 45 minutes (after I had previously spent hours trying on my own). The agent was incredibly knowledgeable about the Closer Connection Exception for Foreign Students and clarified that my statement needed to specifically address both my ties to my home country AND my definite plans to leave the US. She even explained that they look for specificity - not just "I plan to return home someday" but concrete timelines and plans. This guidance helped me completely revise my statement, and my tax return was accepted with no issues.

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One important thing nobody has mentioned - there are different requirements for proving your closer connection depending on your country of citizenship. Tax treaties can affect this! For example, I'm from India, and I had to reference specific provisions in the US-India tax treaty in my statement. My roommate from Brazil had different requirements. Make sure you research if your country has specific treaty provisions that might help your case.

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This is super helpful! Is there any resource you'd recommend for finding country-specific tax treaty information? I'm from Malaysia and haven't been able to find clear guidance on how the US-Malaysia tax treaty might affect my Form 8843 statement.

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The IRS actually has a decent resource for this - search for "United States Income Tax Treaties - A to Z" on the IRS website. It lists all active tax treaties by country. For Malaysia specifically, look at Article 21 of the treaty which covers students. What you'll need to do is reference the specific treaty article in your statement. For example, you might write: "As a student from Malaysia, I am entitled to certain considerations under Article 21 of the United States-Malaysia Income Tax Treaty, which recognizes the temporary nature of my presence in the United States for educational purposes.

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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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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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