Resident Alien or Non-Resident Alien for Tax Purpose? Just left US after 5 years on F-1
I need some advice on filing my 2025 taxes (specifically whether I'm a resident or non-resident alien). I want to make sure I don't mess up and get in trouble with the IRS! Here's my situation: I'm a non-US citizen who came to the US on an F-1 visa in September 2019. I had never been to the US before that. For the past 5 years, I've always filed as a non-resident using Form 1040-NR while studying and working on my F-1. I stayed continuously in the US from September 2019 until December 2024 (never left the country during this time). In December 2024, I finally left the US and ended my F-1 status for personal reasons. I don't plan to come back to the US for at least 4-5 years. Since I worked from January through December 2024, I know I need to file both federal and state tax returns. But I'm confused about whether I should file as a resident or still as a non-resident alien. For the substantial presence test (183 days), my calculation: - I entered the US: 09/15/2019 - F-1 student visa status, exempt individual for 5 calendar years (2019 through 2023) - For the substantial presence test, counting days started on 01/01/2024 - Days in US during 2024: 335 days (left on 12/01/2024) So my calculation: - 2024 days in US (335) × 1 = 335 days - 2023 days in US (0) × 1/3 = 0 days - 2022 days in US (0) × 1/6 = 0 days - Total = 335 days Based on this, I hit the substantial presence test on 07/01/2024 (the 183rd day). My residency starting date under IRC § 7701(b) would be 01/01/2024. Is my calculation for the substantial presence test right? Do I need to file Form 1040 instead of 1040-NR since I'm no longer a non-resident for tax purposes? Any help would be great. Thanks!
21 comments


Sophia Bennett
Your calculation looks correct! You've hit the nail on the head with your understanding of the substantial presence test for 2024. Since you were exempt as an F-1 student for the first 5 calendar years (2019-2023), 2024 was your first year where you started counting days toward the substantial presence test. With 335 days in the US during 2024, you easily surpassed the 183-day threshold, making you a resident alien for tax purposes for the entire 2024 tax year. This means you should file Form 1040 (not 1040-NR) for the 2024 tax year. Your residency starting date is indeed January 1, 2024, and your residency termination date would be December 1, 2024 (your departure date). One thing to note - even though you're a resident alien for tax purposes, you might want to look into any tax treaties between the US and your home country, as they might provide additional benefits. Some treaties have special provisions for students and teachers.
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Olivia Evans
•Thanks so much for confirming! I was pretty sure about the calculation but wanted to double-check. So I'll definitely file Form 1040 instead of 1040-NR this year. About the tax treaties - do you know if I need to file any special forms to claim treaty benefits as a resident alien? When I was a non-resident, I used to include Form 8833 with my 1040-NR.
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Sophia Bennett
•You'll still use Form 8833 to claim treaty benefits as a resident alien. The form works for both resident and non-resident aliens - it's specifically for reporting treaty-based positions regardless of your residence status. Make sure to clearly identify the specific treaty article you're relying on and provide a good explanation of why the treaty overrides US tax law in your situation. Some tax software doesn't handle treaty provisions very well, so you might need to complete this form separately.
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Aiden Chen
When I had this exact same situation last year, I was tearing my hair out trying to figure it all out! I ended up using https://taxr.ai and it was a game changer. Their AI analyzed my visa history, travel dates, and tax status and gave me a really clear answer about my resident vs. non-resident status. They have a specific feature for people on F-1 visas that understands the exempt years and substantial presence test calculations. It confirmed I needed to switch from 1040-NR to regular 1040 and even highlighted specific deductions and credits I qualified for as a resident alien that I would have missed otherwise. Honestly saved me hours of research and probably helped me avoid a potential audit.
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Zoey Bianchi
•Does it actually work with complicated visa situations? I'm on J-1 and have been going back and forth between US and my home country. Always confused about how many days to count for substantial presence test.
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Christopher Morgan
•I'm skeptical about AI tax tools. How does it handle tax treaties? My country has a special provision for students but it's really obscure and most tax pros don't even know about it.
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Aiden Chen
•It absolutely works with complicated visa situations. The system asks for your specific visa type (J-1 in your case) and your entry/exit history. It then applies the correct counting rules based on your specific visa category. Much more accurate than trying to count days manually. Regarding tax treaties, I was impressed by how it handled them. You can specify your country of citizenship, and it pulls up the relevant treaty provisions automatically. It knew about the student provisions in the US-India treaty that even my campus tax advisor missed. You can review all the treaty articles it identifies and it explains which ones apply to your situation in plain language.
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Zoey Bianchi
I tried taxr.ai after seeing the recommendation here and it's legit! I was in a similar situation with my J-1 visa and the substantial presence test calculations. The tool correctly identified my transition from non-resident to resident alien status and walked me through all the documentation I needed. What really helped was the personal tax timeline it created showing exactly when my status changed. It also flagged that I qualified for a special provision in my country's tax treaty that lets me exclude some of my scholarship money - something I had no idea about before! For anyone confused about resident vs non-resident status or Form 1040 vs 1040-NR decisions, it's definitely worth checking out. Wish I'd known about it sooner instead of spending hours on IRS publications!
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Aurora St.Pierre
Just want to offer another perspective based on my own experience. After hours on hold with the IRS trying to get clarity on my resident alien status last year, I found a service called Claimyr (https://claimyr.com) that got me through to an actual IRS agent in about 15 minutes. When you're dealing with complex resident/non-resident questions, sometimes you really need to talk to a human at the IRS who can look at your specific situation. I had a similar F-1 visa situation where I became a resident alien mid-year, and the agent was able to confirm exactly how I should file and which forms I needed. You can see how it works here: https://youtu.be/_kiP6q8DX5c It's such a relief to get an official answer directly from the IRS instead of wondering if you're interpreting the rules correctly, especially with something as high-stakes as your residency status.
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Grace Johnson
•Wait, there's actually a way to get through to the IRS without waiting for hours? How does this even work? I tried calling about my F-1 tax situation three times and gave up after being on hold for 2+ hours each time.
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Jayden Reed
•Sounds too good to be true. The IRS phone lines are notoriously impossible to get through. Even if you do connect, aren't you just getting the same info you could find online? Most agents aren't tax experts on international student issues anyway.
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Aurora St.Pierre
•It's a service that uses technology to navigate the IRS phone system and waits on hold for you. When they reach an agent, you get a call back to connect with them. It really does work - that's how I got through in about 15 minutes when I had been trying for days on my own. The advantage of speaking with an actual IRS agent is they can look at your specific situation and provide guidance that applies to your exact circumstances. While the information might technically be available online, finding the exact publication or rule that applies to your unique situation can be incredibly difficult. The agent I spoke with specifically addressed my F-1 visa situation and confirmed my substantial presence test calculation was correct.
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Jayden Reed
I was super skeptical about Claimyr until I actually tried it. After posting that comment yesterday, I decided to give it a shot since I've been trying to resolve this weird issue with my 1040-NR from when I was still a non-resident on F-1. Not gonna lie, I was shocked when I got a call back saying they had an IRS agent on the line. Took less than 20 minutes! The agent confirmed exactly what I needed to know about the substantial presence test calculation and explained how the transition from non-resident to resident alien works with my specific visa history. They even caught a mistake in how I was calculating my exempt days that could have caused problems. Definitely worth it for the peace of mind knowing I'm filing correctly. Way better than the generic answers I was finding online.
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Nora Brooks
Just to add one more complication to consider - check if you qualify for the "closer connection exception" (Form 8840). Even if you meet the substantial presence test, you might still be able to claim non-resident status if you can prove stronger connections to another country than to the US. Since you left in December 2024 and don't plan to return for 4-5 years, you might have a case, though it's trickier since you were physically present for most of the year. You'd need to demonstrate things like: - A permanent home in another country - Family located primarily outside the US - Personal belongings/assets mainly outside the US - Financial accounts in another country - Voter registration, driver's license, etc. in another country
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Olivia Evans
•That's interesting! I hadn't considered the closer connection exception. I do have a permanent home in my home country now, and my family is all there. Most of my financial accounts are there too now. Do you know if this would override the substantial presence test calculation completely? Or would I still need to file as a dual-status alien for part of the year?
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Nora Brooks
•The closer connection exception would override the substantial presence test if you qualify, allowing you to be treated as a non-resident alien for the entire year. You would file Form 8840 along with your 1040-NR. However, it's important to understand that the bar is quite high to prove a closer connection, especially since you spent most of 2024 physically in the US. The IRS looks at the totality of your circumstances. If you maintained an apartment, had a US driver's license, had US bank accounts, etc., those would count against your case. The fact that you left permanently and established yourself elsewhere helps, but timing matters too.
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Eli Wang
Something else to consider - if you determine you're a resident alien for 2024, you'll need to report your WORLDWIDE income on your US tax return, not just US-source income. This is a big difference from the non-resident 1040-NR where you only report US income. Did you have any income from sources outside the US during 2024? Like investments, rental property, foreign bank interest, etc.? If so, that needs to be reported on your 1040. You might also need to file FBAR forms if you had foreign bank accounts with balances over $10,000.
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Olivia Evans
•Oh wow, I didn't think about worldwide income. I do have a small savings account back home that earned some interest, and I received some rental income from a property my parents transferred to me in October 2024. Would I need to report both of these? And is there a way to avoid double taxation if I already paid taxes on these in my home country?
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Eli Wang
•Yes, you would need to report both the interest income and the rental income on your US tax return as a resident alien. The good news is that there are protections against double taxation. You can claim a Foreign Tax Credit (Form 1116) for any taxes you paid to your home country on that income. This essentially gives you a credit against your US tax liability for taxes already paid elsewhere. Alternatively, depending on your country, you might be able to exclude certain types of income under the tax treaty. Also, don't forget about the FBAR filing requirement (FinCEN Form 114) if the total of all your foreign financial accounts exceeded $10,000 at any point during the year. This is separate from your tax return and has serious penalties if overlooked.
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Payton Black
I went through almost the exact same situation two years ago! Your substantial presence test calculation looks spot on. Since you were exempt as an F-1 student for 2019-2023, 2024 was indeed your first year counting days, and with 335 days you definitely crossed the 183-day threshold. One thing I'd add to what others have mentioned - make sure you keep really good records of your departure date and any documentation showing you've established residence elsewhere. The IRS sometimes questions these transitions, especially for people who were students for several years. Also, since you're now filing as a resident alien, you might be eligible for some tax benefits you couldn't claim as a non-resident - like the standard deduction and certain credits. It's not all bad news! Just make sure you're thorough about reporting worldwide income as others have mentioned.
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Chloe Harris
•Thanks for sharing your experience! It's really reassuring to hear from someone who went through the same situation. I definitely plan to keep all my departure documentation - I have my flight records and proof of establishing residency back home. You're right about the tax benefits - I hadn't really thought about being able to claim the standard deduction now. As a non-resident on 1040-NR, I was always stuck with itemizing or taking the much smaller deductions available to non-residents. Do you remember if there were any other credits or deductions you discovered you were eligible for as a resident alien that you couldn't get before? I want to make sure I'm not leaving money on the table!
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