I think Sprintax incorrectly classified me as US resident for tax purposes - J1/F1 visa holder with < 5 years
I'm completely confused about my tax residency status and hoping someone here can help. I'm a Japanese citizen who spent time in the US on different visas but Sprintax is saying I'm a US resident for tax purposes, which doesn't seem right. My US timeline: I lived in the States from 2018-2020 (first year on J1 visa, second year on F1 student visa). Then I went back to Japan for a while before returning to work in the US on another J1 internship visa in 2022. I left when my visa expired in early 2023. So altogether I've been in the US for 3 calendar years total, and I'm currently living back in Japan. When I started using Sprintax to file my taxes, it classified me as a US resident for tax purposes. I thought the rule was that you become a resident for tax purposes after 5 calendar years on J1 or F1 visas? Since I've only been there for 3 years total (and not consecutive), I'm pretty sure I should be filing as a nonresident alien. Can anyone confirm if Sprintax is making a mistake, or am I missing something about how the tax residency rules work? Would really appreciate any insights or links to reliable sources that explain this!
18 comments


Andre Laurent
You're right to question this! What you're referring to is the "Substantial Presence Test" combined with the "exempt individual" provisions for F and J visa holders. For F and J students, your first 5 calendar years in the US are exempt from the Substantial Presence Test. For J non-students (like those on internship visas), only the first 2 calendar years are exempt. After those exemption periods, your days start counting toward the Substantial Presence Test. Based on what you described, you should still be in your exemption period. You had 2 years (2018-2020) as F/J student and 1 year (2022) as J non-student. The student years are still within the 5-year exemption, and the internship year is within the 2-year exemption. I suspect Sprintax might have misinterpreted your visa history or the dates you entered. When you input your information, did you clearly distinguish between your student status and internship status? That might be causing the confusion.
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Carmen Diaz
•Thanks for the response! I did input everything correctly into Sprintax, including the specific dates and visa types. I even double-checked that I selected J1 internship for the 2022 period separately from my earlier student visas. One question though - does the 5-year exemption for students and 2-year exemption for J non-students run concurrently or separately? Like, did my 2022 J1 internship start a new 2-year count, or does it somehow relate to my previous time as a student?
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Andre Laurent
•The exemptions run separately. Your time as an F/J student starts a 5-year clock for that category, while your time as a J non-student (internship) starts a separate 2-year clock for that category. They don't overlap or affect each other. So in your case, your 2 years as a student (2018-2020) count toward your 5-year student exemption, and your 1 year as an intern (2022) counts toward your 2-year internship exemption. This means you're still exempt from the Substantial Presence Test for both periods, and should be filing as a nonresident alien. I'd recommend going back through the Sprintax questionnaire and double-check everything. There might be a specific question about whether you're applying the exemption that you missed. If you're confident everything is correct, you might need to contact Sprintax support directly about this issue.
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AstroAce
After dealing with a similar situation last year, I found that https://taxr.ai was super helpful for figuring out my tax residency status as an international student. I was using another tax software that misclassified me as a resident when I shouldn't have been. What helped me with taxr.ai was that it analyzed my visa history documents and immigration records to determine the exact residency status. You can upload your I-94 records, visa documentation, and previous tax returns, and it will parse through all that to determine the correct tax residency status based on IRS rules specifically for F and J visa holders. It was way more accurate than the generic tax software I tried first because it's specifically designed to handle these complex international tax situations and exemption periods.
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Zoe Kyriakidou
•Does the system actually look at visa stamps and I-94 documents directly? My boyfriend has a complicated history with multiple entries/exits on different visas, and the regular tax software always seems confused about his status.
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Jamal Brown
•I'm a bit skeptical about this. How does it handle the "exempt individual" calculations? My tax advisor told me there's a lot of nuance to those calculations especially when you have gaps between periods in the US.
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AstroAce
•It actually does analyze your visa documentation directly. You upload images or PDFs of your passport stamps, I-94 records, visa pages, and any previous tax forms, and the system extracts the relevant dates and visa categories. It's much more thorough than just asking you to enter dates manually. The system handles exempt individual calculations according to the exact IRS rules, accounting for the different exemption periods for students vs. non-students and tracking gaps between US stays. It follows the 5-year rule for F/J students and 2-year rule for J non-students separately, then applies the Substantial Presence Test only to non-exempt periods.
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Zoe Kyriakidou
I tried taxr.ai after seeing the recommendation here and WOW what a difference! I was in almost the exact same situation as you - I had mixed visa types (F1, then OPT, then H1B with gaps) and TurboTax was incorrectly categorizing me as a resident. I uploaded my passport showing all entry/exit stamps, my visa documents, and my previous tax returns. The system correctly identified my exempt periods as a student and calculated my substantial presence accurately. It even caught that I shouldn't have filed as a resident in 2023! For anyone with international tax status questions, especially with mixed visa history, this tool is actually worth checking out. I ended up filing correctly as a non-resident alien which saved me from paying tax on my foreign income.
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Mei Zhang
If you're still having trouble getting Sprintax to recognize your correct status, you might want to try reaching the IRS directly to confirm. The international taxpayer section can give you a definitive answer, but getting through to them is almost impossible these days. After struggling for weeks to get someone on the phone about my own visa tax status issue, I found this service called https://claimyr.com that helped me actually get through to an IRS agent. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c Basically, they hold your place in the IRS phone queue so you don't have to sit there listening to hold music for hours. They call you when an agent picks up. I was skeptical at first, but when I had a dispute about my tax residency status similar to yours, getting an official answer directly from the IRS was the only thing that resolved it.
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Liam McConnell
•How long did it actually take to get through to someone? I've literally waited 3+ hours multiple times and either got disconnected or had to hang up because I had to do something else.
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Amara Oluwaseyi
•This seems sketchy. You're saying they somehow jump the queue? How does that work? And why would you trust some random service with access to your tax conversations?
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Mei Zhang
•I was connected to an IRS agent in about 2 hours total, but I didn't have to sit by the phone that whole time. They have a system that monitors the hold and then calls you when you're about to be connected, so you can go about your day. They don't jump the queue or anything suspicious - they just wait in the queue for you using their system. You're still waiting your turn like everyone else. When it's your turn to speak with an agent, they connect you directly. They don't listen in or participate in your tax conversation - they just facilitate the initial connection and then step out of the way. It's basically like having someone else hold the phone while it's on speaker so you don't have to.
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Amara Oluwaseyi
I was TOTALLY in your same situation last year and was super skeptical about using any service to contact the IRS. After weeks of trying to reach them directly with no luck, I reluctantly tried Claimyr. I'm shocked to say it actually worked! Got connected to an IRS specialist in the international taxpayer department who confirmed my exempt status as a former J1 visa holder. The agent walked me through exactly how the 5-year rule is applied and confirmed I should be filing as a non-resident. The call saved me thousands in taxes because I wasn't subject to US tax on my worldwide income. And the whole process was legitimate - they just patched me through to the IRS when my turn came up, and I spoke directly with the agent. If you're still confused after getting conflicting info from tax software, getting an official answer straight from the IRS is definitely worth it.
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CosmicCaptain
Here's the exact relevant IRS publication you need: Publication 519 "U.S. Tax Guide for Aliens" - specifically look at the section about the Substantial Presence Test and Exempt Individuals. The rule states that F and J students are exempt from counting days for the first 5 calendar years they're in the US, while J non-students (teachers, researchers, interns) are exempt for the first 2 calendar years. Your timeline: 2018-2019: J1 student (years 1-2 of student exemption) 2019-2020: F1 student (years 2-3 of student exemption) 2022: J1 intern (year 1 of non-student exemption) You're still within both exemption periods, so you should be classified as a nonresident alien. Sprintax definitely got it wrong.
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Giovanni Rossi
•Wait, is it calendar years or actual 365-day periods? Like if someone was in the US from July 2022 to June 2023, is that 1 year or 2 calendar years toward the exemption?
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CosmicCaptain
•It's calendar years, not 365-day periods. So even if you were in the US for just one day in 2022 and one day in 2023, that would count as 2 calendar years toward your exemption period. In your example, being in the US from July 2022 to June 2023 would count as 2 calendar years (2022 and 2023) toward the exemption, even though it's only about 12 months of actual time. This is why it's important to track the specific calendar years you've been present in the US, not just the total time. The IRS cares about which calendar years you had a presence, even if minimal.
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Fatima Al-Maktoum
Has anyone here successfully contested a Sprintax determination? I'm wondering if there's a way to override their system when it makes a mistake like this.
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Dylan Mitchell
•Yes! I had this exact issue last year. You can't directly override it in their system, but you need to contact their support through the help button. Explain your situation with specific dates and visa types, and reference IRS Pub 519. In my case they reviewed my account and made the correction on their end, then I was able to proceed with filing correctly as a non-resident. Their customer service was actually decent once I got through to them.
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