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Shelby Bauman

Schedule NEC on Form 1040-NR for Cryptocurrency and Stock Capital Losses?

Hey fellow tax filers! I'm in a bit of a situation with my 2024 taxes as an F-1 student. I had some losses in both crypto and stocks last year and I'm trying to figure out how to handle this on my 1040-NR. Do I need to list all my transaction data in the Schedule NEC, or can I just write it as 0 Capital Gain since everything was ultimately a loss? I'm pretty sure I don't need to fill out Schedule D and Form 8949 because of my Non Resident Alien status, but I want to make sure I'm doing this right. I've been trading on Coinbase for crypto and Robinhood for stocks. Just received a consolidated 1099 from Robinhood yesterday but nothing from Coinbase yet. Any advice from people who've been in similar situations would be super helpful!

Quinn Herbert

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The rules for reporting capital gains/losses as a nonresident alien can be tricky. As an F-1 student filing Form 1040-NR, you're generally only taxed on income that is "effectively connected" with a U.S. trade or business (which your student status creates) or income that is from U.S. sources. For capital gains/losses, nonresident aliens typically only report transactions that are effectively connected with a U.S. trade or business. Since your cryptocurrency and stock trading were likely personal investments and not part of a trade or business, you generally wouldn't include these on your 1040-NR. You're correct that you typically don't need to file Schedule D or Form 8949 as a nonresident alien for these types of transactions. However, if you received the 1099 from Robinhood, the IRS also received it, so you might want to include a statement with your return explaining why you're not reporting those transactions on your tax return to avoid potential questions later.

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Salim Nasir

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Thanks for the explanation! But I'm still a bit confused - what if some of my trades were profitable even though I had an overall loss? Do I still avoid reporting everything? Also, is there a specific format for this statement you mentioned?

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Quinn Herbert

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Even if some individual trades were profitable, what matters is whether these transactions qualify as U.S. source income or are effectively connected with a U.S. trade or business. For most nonresident aliens, casual investment activities don't meet these criteria, regardless of whether specific trades were profitable. For the statement, there's no official format. Simply attach a brief explanation stating you're a nonresident alien student, received a 1099, but aren't reporting these transactions because they're not effectively connected with a U.S. trade or business nor U.S. source income under the relevant tax code sections (you can cite IRC 864 and 871). Include your name, tax ID, and attach it to your return.

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Hazel Garcia

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Laila Fury

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Does taxr.ai handle state tax returns too? I'm on F-1 in California and hear state taxes are different from federal for foreign students.

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I'm skeptical about using automated tools for international tax situations. Did it actually know the specific F-1 student tax treaty provisions? Those vary by country and can be super complex.

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Hazel Garcia

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Khalil Urso

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Former international student advisor here. One thing to consider is that many nonresident aliens on F-1 visas hit the "substantial presence test" after about 5 years in the US and become resident aliens for tax purposes. If you've been here for multiple years, double-check if you're still a nonresident alien under the tax definition. If you've become a resident alien for tax purposes, you would file Form 1040 instead of 1040-NR and would need to report worldwide income including all capital gains/losses.

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Shelby Bauman

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I've been in the US for less than 3 years, so I'm definitely still nonresident for tax purposes. But that's a great point - how exactly do I calculate when I might hit that substantial presence test? I've heard about the 5-year rule but wasn't sure how it's counted.

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Khalil Urso

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For the substantial presence test, you need to count days of physical presence in the US. You meet the test if you're present for at least 31 days in the current year AND 183 days during a 3-year period (counting all days in current year, 1/3 of days in prior year, and 1/6 of days in the year before that). However, as an F-1 student, you get an "exempt individual" status for your first 5 calendar years in the US, meaning those days don't count toward the substantial presence test. After 5 years, your days start counting, which is why many international students become resident aliens for tax purposes in their 6th year.

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Myles Regis

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Also make sure you check if your home country has a tax treaty with the US that might affect how your investment income is taxed. Some treaties have specific provisions for students that override the general nonresident alien rules.

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Brian Downey

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This is so important! I'm from India on F-1 and our tax treaty has specific provisions about what income is exempt. Saved me hundreds in taxes last year.

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Ashley Adams

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Just wanted to add another perspective here - I had a similar situation last year as an F-1 student with crypto losses. After going through all the research and even consulting with a tax professional, I can confirm what others have said: your crypto and stock losses generally don't need to be reported on Form 1040-NR since they're not effectively connected with a U.S. trade or business. However, I'd strongly recommend keeping detailed records of all your transactions anyway. Even though you're not reporting them this year, if your tax status changes in the future (like when you potentially become a resident alien), having that transaction history will be crucial for calculating your basis in any remaining positions. Also, regarding the missing Coinbase 1099 - they sometimes don't issue them if your total proceeds are under certain thresholds or if you only had losses. You can usually download your transaction history directly from their platform for your records. One last tip: if you're worried about the IRS questioning why you received a 1099 but didn't report the transactions, you can attach Form 8833 (Treaty-Based Return Position Disclosure) if your home country has a relevant tax treaty, or just include a simple statement as others mentioned.

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