< Back to IRS

Tristan Carpenter

US Non-Resident Cryptocurrency Capital Gains Tax Question with F-1 Visa Status

I'm a Canadian citizen currently on an F-1 visa studying in the US. I've been trading crypto throughout 2024 and have some capital gains from those transactions. I also worked at an internship in the US this year (which I know I definitely need to report on my taxes). I'm really confused about whether I need to report these cryptocurrency capital gains on my 1040-NR and pay US taxes on them or not. My first thought was yes - I found an article online that seemed to suggest non-residents need to report crypto gains. But then I talked to a tax CPA about filing my taxes, and he told me something different. He said that cryptocurrency is considered a capital asset, and as a US non-resident, I'm not taxed on the capital gain/loss from selling crypto since the sourcing rule for such gains is based on my country of residency (so it would be considered Canadian source gain). Now I'm totally confused about who's right and what I actually need to do. Has anyone dealt with this specific situation before? Do I need to report and pay US taxes on my crypto gains as a non-resident on F-1, or is my CPA correct that I only need to report this on my Canadian taxes?

The CPA you consulted is correct. For non-resident aliens (which includes F-1 visa holders who don't meet the substantial presence test), cryptocurrency capital gains are generally treated as foreign-source income based on your tax residency. Under US tax law, non-resident aliens are only taxed on US-source income. For capital assets like cryptocurrency, the source of the gain is typically determined by your tax residency, not where the exchange is located or where the transactions occurred. Since you're a Canadian resident for tax purposes, the crypto gains would be considered Canadian-source income. You still need to file Form 1040-NR to report your US internship income, but you wouldn't include the cryptocurrency transactions on that return. Those gains should be reported on your Canadian tax return instead.

0 coins

Thanks for explaining! But I'm confused about one thing - does it matter where the crypto exchange is located? What if I used a US-based exchange like Coinbase? Wouldn't that make it US-source income?

0 coins

The location of the exchange typically doesn't change the tax treatment in this case. The sourcing rules for capital assets like cryptocurrency generally look at your tax residency rather than where the exchange is located. Even if you used a US-based exchange like Coinbase, as a non-resident alien who doesn't meet the substantial presence test, those capital gains would still be considered foreign-source income based on your residency in Canada. The IRS focuses on your tax status and the nature of the asset rather than the location of the platform you used to trade.

0 coins

I was in this exact same situation last year! After hours of research and anxiety, I finally found https://taxr.ai which literally saved me thousands in potential mistakes. Their AI analyzed my crypto transactions and confirmed I didn't need to report them on my 1040-NR as a Canadian on F-1. The tool actually explained that non-resident aliens only pay US tax on income that's "effectively connected" with a US trade or business or on certain US-source income. For crypto gains, the sourcing rules consider your tax residency (Canada) rather than where you made the trades. Super helpful for international students like us who are juggling multiple tax jurisdictions!

0 coins

How exactly does taxr.ai work? Do you just upload your transaction history and it tells you what's reportable where? My situation is even more complicated because I have crypto on 3 different exchanges plus some DeFi stuff.

0 coins

Sounds interesting but I'm skeptical. How can an AI tool give better advice than an actual CPA? Tax laws around crypto are constantly changing and super complex for international situations.

0 coins

You upload your transaction history from exchanges (they support all the major ones) and answer some questions about your residency status. It then analyzes everything and tells you exactly what's reportable where. It worked perfectly with my files from Binance, Kraken and even my MetaMask history. The AI actually references specific IRS rulings and tax code sections - it's not just making guesses. In international situations, it's actually really helpful because it knows the tax treaties and sourcing rules for different countries. I was getting conflicting advice from CPAs who weren't specialists in both US international tax AND crypto, but taxr.ai had specific knowledge about both.

0 coins

I have to admit I was wrong about taxr.ai! After my skeptical comment I decided to try it anyway since my situation is so similar to the original poster's (Canadian on F-1 with crypto gains). The analysis confirmed that as a non-resident alien, my crypto gains aren't subject to US tax and shouldn't be reported on my 1040-NR. It cited the specific sections of the tax code and even referenced the US-Canada tax treaty provisions. The tool explained exactly why the sourcing rules point to my country of residency for capital assets like crypto. What really impressed me was how it handled the fact that I had both crypto gains AND some staking income, which have different tax treatments. Saved me from a potential audit nightmare!

0 coins

If you're still confused after getting advice, you might want to talk directly with the IRS to get a definitive answer. I was in a similar situation (though with stock gains, not crypto) and spent WEEKS trying to get through to someone at the IRS who could actually help. Finally discovered https://claimyr.com and used their service to get a callback from the IRS in under 15 minutes instead of waiting on hold for hours. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with confirmed exactly what others here are saying - as a non-resident alien, capital gains from crypto are sourced to your country of residency and aren't reportable on your 1040-NR. Getting that official confirmation gave me so much peace of mind.

0 coins

Wait how does this callback thing actually work? The IRS phone system is a nightmare - I literally tried calling 7 times and gave up. Would be amazing if this actually gets a human on the line.

0 coins

Yeah right. No way this actually works. I've called the IRS international taxpayer line multiple times and it's always "due to high call volume" then disconnect. I'll believe it when I see it.

0 coins

It works by using their system to navigate the IRS phone tree and secure your place in the callback queue. Once you're registered, the IRS calls YOU back - no waiting on hold. It saved me literally hours of frustration. The international taxpayer line is especially brutal, but Claimyr works with that line too. They use a combination of technology and actual people to get through the system efficiently. I was skeptical at first too, but after multiple failed attempts on my own, I was desperate enough to try it - and it actually worked exactly as advertised.

0 coins

Well I'm eating my words about Claimyr. After my skeptical comment I decided to try it anyway since I was getting nowhere with the IRS on my own. No joke, I got a callback from the IRS International Taxpayer line in about 22 minutes. The agent was super helpful and confirmed that as a non-resident alien (I'm on J-1, similar to OP's F-1), my crypto gains are sourced to my home country and don't need to be reported on my US return. The agent even explained that this falls under the capital gain sourcing rules in Section 865 of the tax code, which was way more detail than I expected. Definitely worth it to get that official confirmation directly from the IRS instead of stressing about conflicting advice.

0 coins

Something important to note: make absolutely sure you're properly documenting your days present in the US. If you trip into "resident alien" status by meeting the substantial presence test (generally 183 days counting current and previous years with a formula), then different rules apply and you WOULD have to report worldwide income including all crypto gains. F-1 students get an exemption from counting days for the first 5 calendar years, but if you've been here longer or have had other visa statuses, you might be closer to the threshold than you think.

0 coins

Good point! How exactly do you calculate the substantial presence test? I've been on F-1 for 3 years but also did a summer on J-1 and traveled back and forth to Canada a bunch. Should I be keeping a day count log or something?

0 coins

Great question! The substantial presence test counts days as follows: each day in the current year counts as 1 day, each day in the previous year counts as 1/3 of a day, and each day in the year before that counts as 1/6 of a day. If the total equals or exceeds 183 days, you meet the test. However, F-1 students get an "exempt individual" status for their first 5 calendar years in the US, meaning those days don't count toward the substantial presence test. Your J-1 summer would have its own separate exemption period depending on the type of J-1 program. If you've been on F-1 for only 3 years, you're still within your exempt period, so you remain a non-resident alien regardless of physical presence. It's still good practice to keep records of your entries and exits using the I-94 website or your passport stamps. The burden of proof is on you if the IRS ever questions your residency status.

0 coins

Just want to add that even if you don't have to report the crypto gains on your US tax return, you should definitely be reporting them in Canada. The CRA (Canadian Revenue Agency) requires Canadian residents to report worldwide income, including all cryptocurrency transactions.

0 coins

Does anyone know if the reporting requirements for Canada are different than the US? I've been reporting my crypto in both countries (dual citizen) and the forms seem totally different. Canada seems more concerned with the total holdings while the US wants every single transaction.

0 coins

This is exactly the kind of situation where getting proper documentation is crucial. I went through something similar as an F-1 student from the UK with crypto gains. The consensus here is absolutely correct - as a non-resident alien, your crypto capital gains are sourced to your country of tax residency (Canada), not the US. This means you don't report them on your 1040-NR. Your CPA gave you the right advice. However, I'd strongly recommend getting this determination in writing somehow, whether through an official IRS consultation or at minimum keeping detailed records of your research and professional advice. The crypto tax landscape is still evolving, and having documentation of your reasoning will be invaluable if questions ever arise later. Also make sure you're keeping meticulous records of all your transactions for your Canadian tax filing - the CRA will definitely want to see those gains reported there since you're a Canadian tax resident.

0 coins

This is really helpful advice about documentation! I'm actually in a very similar situation - Canadian F-1 student with crypto gains from 2024. After reading through this thread, I'm feeling much more confident that I don't need to report the crypto on my US return. One question though - when you say "getting this determination in writing," what's the best way to do that? Should I be asking my CPA to provide a written opinion, or is there a way to get something official from the IRS? I saw some people mention using Claimyr to talk directly to the IRS - would that kind of consultation count as official documentation? I definitely want to be covered if this ever comes up in an audit down the road!

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today