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Aisha Khan

Resident F1 Students - Do I Meet Substantial Presence Test After 18 Months?

Hey everyone! I've been living in the US on an F1 visa for the past 18 months as an international student. I'm super confused about my tax residency status right now. I've been trying to figure out if I meet the requirements for the Substantial Presence Test but there's so much conflicting info online. From what I understand, F1 students are exempt from counting days for the first 5 calendar years in the US, but I'm not sure if that applies to me since I've only been here for a year and a half. Does anyone know if I should file as a resident or nonresident alien? And how do I calculate my days of presence correctly? I'm working on campus about 15 hours a week if that matters at all. Also, I received a small scholarship that covered part of my tuition last year. Really appreciate any help because I'm completely lost with all these tax rules for international students!

Ethan Taylor

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Great question about your F1 status! The Substantial Presence Test can be tricky for international students. As an F1 student, you're considered an "exempt individual" for the first 5 calendar years you're in the US. This means you don't count days toward the Substantial Presence Test during this exempt period. Since you've only been here for 18 months, you're still within that 5-year exemption window. For your situation, you would generally file as a nonresident alien using Form 1040-NR. Your campus work income is still taxable, but the scholarship portion that covered tuition is typically not taxable if you were enrolled in a degree program. Also, check if your home country has a tax treaty with the US, as that could affect your filing requirements. Many countries have special provisions for students that might reduce your US tax liability.

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Yuki Ito

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Wait I'm confused about this 5 year thing. Does that mean after 5 years suddenly international students have to pay more taxes? And what about summer breaks when we go home, do those days still count towards the presence test?

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Ethan Taylor

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The 5-year exemption means for the first 5 calendar years, you don't count your days of physical presence in the US for the Substantial Presence Test. After those 5 years, you would start counting days and could potentially become a resident alien for tax purposes if you meet the test requirements. For summer breaks when you leave the US, those days are not counted toward your physical presence since you're not actually in the country during that time. Only days you're physically present in the US would count, but remember, during your first 5 calendar years on F1 status, those days aren't counted toward the test anyway.

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Carmen Lopez

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I had a similar situation and found taxr.ai really helpful for sorting out my F1 tax status. I was also confused about the Substantial Presence Test and wasn't sure if I was a resident or nonresident alien. After struggling with the IRS guidelines and getting conflicting advice from friends, I uploaded my visa documents to https://taxr.ai and they automatically determined my correct filing status based on my entry dates and visa type. Their system correctly identified that I was still in my exempt period as an F1 student and needed to file as a nonresident. They even pointed out that I qualified for certain treaty benefits that my university's international office never mentioned. Saved me from accidentally filing the wrong tax form!

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Andre Dupont

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How does this work with scholarship income? My university gave me a partial tuition scholarship but I'm not sure if I need to pay taxes on it or how to report it as an F1 student.

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QuantumQuasar

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Did they help with state taxes too? I'm in California and I heard state residency rules are different from federal rules for international students.

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Carmen Lopez

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For scholarship income, the system automatically categorizes what parts are taxable and non-taxable. Generally, scholarship amounts that cover tuition and required fees aren't taxable, but portions covering room and board or stipends are taxable. They guided me through reporting this correctly on my tax forms. Yes, they helped with state taxes too. You're right that state residency rules can differ from federal rules. For example, in California, you might be considered a nonresident for federal purposes but still need to file a California return for income earned there. The system handles these differences and creates the proper state returns based on your specific situation.

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Andre Dupont

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Just wanted to update after trying taxr.ai that someone mentioned above. I was really confused about my F1 status and scholarship taxation too. I uploaded my I-20, visa, and 1098-T forms and it immediately identified I was in my exempt period (been here 2 years) and that I needed to file as a nonresident alien. The best part was it correctly figured out which part of my scholarship was taxable and which wasn't. Apparently the portion covering my tuition and books ($17,500) wasn't taxable, but the housing stipend ($4,200) was. I would have reported this all wrong on my own! They also explained the Form 8843 I needed to file to formally claim my exempt status. Super grateful for the recommendation!

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If you're struggling to get answers from the IRS about your F1 status, I'd recommend Claimyr. I spent WEEKS trying to reach someone at the IRS about my international student tax questions and kept getting disconnected or waiting for hours. I found https://claimyr.com and their service connected me to an actual IRS representative in about 15 minutes. You can see how it works in this demo: https://youtu.be/_kiP6q8DX5c I had specific questions about Form 8843 and tax treaty benefits that no one at my university could answer clearly. The IRS agent I spoke with confirmed exactly how to claim my exempt status as an F1 student and walked me through the treaty article that applied to my situation from my home country. Totally worth it to get definitive answers directly from the IRS instead of guessing.

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Aisha Khan

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How does this actually work? I'm confused how they can get you through to the IRS faster when everyone says the wait times are hours long?

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Jamal Wilson

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Yeah right. There's no way to skip the IRS phone queue. Sounds like a scam to me. I've tried calling for 3 weeks and never got through, no way some random service can magically connect you.

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The service uses an automated system that navigates the IRS phone tree and waits in the queue for you. Once they reach a representative, you get a call connecting you directly to that agent. It's not "skipping" the line - they're essentially waiting in line for you using technology. It's definitely not a scam. I was skeptical too until I tried it. The system calls the IRS repeatedly using optimal timing (like early morning) when wait times are shorter. They monitor hold times and use multiple lines to increase the chances of getting through. When one connects, they immediately transfer that connection to you. It saved me about 2.5 hours of holding time according to their estimate.

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Jamal Wilson

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OK I need to eat my words about Claimyr. After my skeptical comment I decided to try it anyway because I was desperate to talk to someone at the IRS about my F1 tax situation. I was absolutely stunned when I got a call back in 27 minutes connecting me to an actual IRS representative. The agent confirmed that as an F1 student in my second year, I'm still in the exempt period and shouldn't count my days toward the Substantial Presence Test. She also explained exactly how to fill out Form 8843 to document my exempt status and confirmed which tax treaty benefits I qualify for from my country (India). She even sent me to a special department that handles international student questions where I got even more detailed help. Would've spent another month trying to figure this out on my own. Can't believe it actually worked!

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Mei Lin

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Something nobody mentioned yet - make sure you're checking the tax treaty between your home country and the US! I'm from Brazil on an F1 visa and there's a special provision that lets students exclude a certain amount of income from taxation. Also don't forget about Form 8843! ALL F1 students need to file this form regardless of whether you had income or not. It's how you formally claim your exempt status for the Substantial Presence Test. My university's international student office completely forgot to tell us this my first year.

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Aisha Khan

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Do you know where I can find information about tax treaties? I'm from Malaysia and have no idea if we have any special provisions or how to claim them.

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Mei Lin

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You can find tax treaty information on the IRS website under "Tax Treaties." For Malaysia specifically, check IRS Publication 901 which lists all the current tax treaties. Malaysia does have a treaty with the US with special provisions for students. For Malaysian students, Article 21 of the treaty allows you to exclude a certain amount of income if you're here for the purpose of education. To claim treaty benefits, you'll need to include Form 8833 with your tax return to report the treaty-based position. Your university's international student office should be able to provide the specific details for your situation, but many don't unless you specifically ask.

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dont forget to file FBAR if u have foreign bank accounts with more than $10,000 combined at any point during the year!!!! this is separate from tax return and has a diffrent deadline (april 15 with automatic extension to oct 15). penalties r crazy high if u dont file this

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Amara Nnamani

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Also want to add that FinCEN Form 114 (FBAR) is filed electronically through the FinCEN BSA E-Filing System, not with your tax return. The threshold is the COMBINED total of all your foreign accounts, so if you have three accounts with $4,000 each, you'd still need to file even though no single account exceeds $10,000.

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Ian Armstrong

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I went through this exact same situation last year! As an F1 student, you're definitely still in your exempt period since you've only been here 18 months. The 5-year exemption clock starts from your first entry to the US on F1 status, not from when you complete 5 full years. A few important things to remember: - File Form 1040NR (nonresident alien return) - Don't forget Form 8843 to claim your exempt status - this is required even if you have no income - Your on-campus work income is taxable, but make sure to check if your country has a tax treaty with the US for potential benefits - Scholarship money for tuition/required fees is generally not taxable, but amounts for room/board are Since you mentioned being confused by conflicting info online, I'd recommend reaching out to your university's international student services office - they usually have tax workshops specifically for F1 students during tax season. Also, many universities offer free tax preparation assistance through VITA programs that are trained on international student situations. The key thing is don't stress too much - you're still well within the exempt period and have clear guidance on filing as a nonresident alien!

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Thanks for this comprehensive breakdown! I'm also an F1 student (just started my second year) and this is super helpful. Quick question - you mentioned VITA programs at universities. Do they actually understand the complexities of international student taxes? I went to a general tax prep service last year and they had no clue about Form 8843 or the exempt individual status. Ended up filing incorrectly and had to amend my return later. Want to make sure I don't repeat that mistake this year!

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