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Oscar O'Neil

When do F1 Students become Resident Aliens for Tax Purposes?

I've been studying in the US on an F1 visa since August 2019 and haven't left the country at all during this time. Recently, a classmate mentioned something that caught me off guard - apparently F1 students who stay in the US for more than 5 years automatically become "resident aliens" for tax purposes? Is this actually true? I've always just filed as a nonresident alien and used the 1040NR form. If the 5-year rule is real, does this mean I need to file differently for the 2025 tax season? Would appreciate any insights because this might completely change how I handle my taxes. Thanks!

Your classmate is partially correct, but it's a bit more nuanced. F1 students are generally considered "exempt individuals" for the first 5 calendar years in the US, which means those years don't count toward the Substantial Presence Test that determines tax residency. After that 5-year period, you would need to apply the Substantial Presence Test like anyone else. This test counts days of physical presence in the US over a 3-year period. Since you've been here continuously since 2019, you would likely meet this test after your exempt period ends, making you a resident alien for tax purposes. This means filing Form 1040 instead of 1040NR, and being taxed on your worldwide income rather than just US-source income. You'll also have different deduction options available to you as a resident.

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Thanks for explaining! So if I've been here since August 2019 without leaving, when exactly would the change happen? Would 2024 be my 5th year or 2025? And what's the difference between filing as a resident vs. nonresident in terms of what I can claim?

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Your 5-year exempt period would include 2019, 2020, 2021, 2022, and 2023. So starting in 2024, you would apply the Substantial Presence Test, and since you've been physically present the whole time, you'd be considered a resident alien for tax purposes. As a resident alien, you'll file Form 1040 instead of 1040NR, which generally gives you more favorable tax treatment. You can claim the standard deduction instead of just itemized deductions, qualify for more tax credits like the Earned Income Credit, and you'll report worldwide income instead of just US-source income. You might also be eligible for education-related deductions and credits that aren't available to nonresidents.

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After struggling with exactly this F1 student tax residency issue last year, I discovered taxr.ai (https://taxr.ai) and it was incredibly helpful. I uploaded my passport stamps and visa documents, and it analyzed my entry/exit records to calculate my exact tax residency status and which form I needed to file. The tool confirmed I had crossed the 5-year threshold and needed to file as a resident alien. It even generated a detailed residency analysis document I could keep for my records in case of questions from the IRS. Super helpful for international students who don't want to make costly filing mistakes!

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Does it actually check your travel history or just calculate based on what you tell it? I've been terrible at keeping track of my short trips to Canada while on F1 and now I'm worried about my status.

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I'm kinda skeptical about these online tools. How does it actually verify your travel records? Couldn't you just manually count days yourself? Seems like another way to get students to pay for something they could do on their own.

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It analyzes documents you upload like I-94 records, passport stamps, and travel itineraries to create a comprehensive timeline. The system extracts dates from these documents so you don't have to manually count or remember everything. For border crossings like to Canada, it can use the stamps or electronic I-94 records to verify when you left and re-entered the US. It's not just about counting days - it also applies the correct tax rules to determine which days count toward the Substantial Presence Test based on your visa type and exceptions.

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I was really confused about my tax residency status after 4 years on F1. Tried using taxr.ai that someone mentioned here and it was actually super helpful! Uploaded my passport, visa docs, and I-94 records, and it gave me a complete analysis showing I was still in my exempt period but would become a resident alien next year. The report even explained what tax forms I'd need now versus next year, and how my filing would change. The peace of mind was worth it - no more guessing about whether I'm counting my days correctly or understanding those complicated IRS rules for students.

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I spent 3 hours on hold with the IRS trying to get clarification about my F1 tax status after 5 years, and never got through. Then I tried Claimyr (https://claimyr.com) - they got me connected to an actual IRS agent in about 20 minutes! You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent confirmed everything about the 5-year rule and explained exactly how I should file. She also told me about Form 8843 that all F1 students need to submit regardless of whether they have income. Definitely recommend Claimyr if you need to speak directly with the IRS about your specific situation.

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How does this actually work? I thought it was impossible to get through to the IRS. Do they have some special number or something?

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This sounds way too good to be true. The IRS is notorious for having 3+ hour wait times. How could any service magically get you through faster? Sounds like a scam to me.

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It uses an automated system that navigates the IRS phone tree and waits on hold for you. When an agent picks up, you get a call connecting you directly to them. No special phone number or backdoor access - it just does the waiting part for you. The service actually came out of the pandemic when IRS wait times were even worse. I was skeptical too, but after spending half a day trying to get through myself, I was willing to try anything. It works because they have technology constantly redialing and navigating the phone system so you don't have to sit by your phone for hours.

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I have to eat my words about Claimyr. After my skeptical comment yesterday, I decided to try it since I've been trying to reach the IRS about my F1 tax status for weeks. Got connected to an agent in about 30 minutes! The agent explained that as an F1 student, my first 5 calendar years in the US are exempt from the Substantial Presence Test. Since I arrived in 2020, I'll be a nonresident alien until the end of 2024, and then potentially a resident alien for 2025 depending on my physical presence. They also clarified that I needed to file Form 8843 every year, even for the exempt years. Definitely worth using the service instead of struggling with endless hold music.

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Something others haven't mentioned yet - even if you become a resident alien for tax purposes after 5 years, you might be able to claim treaty benefits from your home country that could override this status. Many countries have tax treaties with the US that have special provisions for students. For example, I'm from India, and even though I became a resident alien after 5 years, I could still claim certain exemptions for my scholarship money under the US-India tax treaty. Check if your country has a treaty and what it covers!

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That's really interesting! How do you claim these treaty benefits? Is there a special form or do you just note it somewhere on the regular tax return?

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You claim treaty benefits by filing Form 8833 (Treaty-Based Return Position Disclosure) along with your tax return. You'll need to cite the specific treaty article you're relying on. For students, the common treaty benefits include exemptions for scholarships, stipends, and sometimes even income from on-campus jobs. Each treaty is different though - for example, the US-China treaty has different provisions than the US-India treaty. You can find a list of all tax treaties on the IRS website, and most specify a maximum number of years you can claim student benefits (often 5 years, but it varies).

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Has anyone dealt with the FBAR requirements after becoming a resident alien? Once you're a resident alien, you have to report all foreign bank accounts if their combined value exceeds $10,000 at any point during the year. This is separate from your tax return and has huge penalties if you don't file!

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Yes! This caught me by surprise last year. Even though my accounts back home aren't that big, currency conversion pushed them over $10,000 briefly. Had to file the FinCEN Form 114 (FBAR) electronically. The penalties are scary - up to $12,500 for non-willful violations and even higher for willful ones. Definitely don't ignore this!

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Just wanted to add another important consideration - if you become a resident alien after your F1 exempt period, you might also need to deal with state tax implications. Some states have their own rules for determining residency that might differ from federal tax residency. I learned this the hard way when I became a federal resident alien but my state (California) considered me a resident for state tax purposes much earlier due to different criteria. This meant I had to file amended state returns and pay additional state taxes on income I thought was exempt. Each state has different rules, so definitely research your specific state's requirements once you determine your federal status changes.

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That's a really good point about state tax differences! I'm currently in New York on F1 and hadn't even thought about how state residency rules might be different from federal ones. Do you know if there's an easy way to check what the specific rules are for each state, or did you have to research California's rules individually? This could definitely complicate things even more than just figuring out the federal status change.

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@Sayid Hassan Most states publish their residency rules on their tax department websites, but they can be pretty confusing to interpret. For New York specifically, you ll'want to look at the statutory "resident vs" domicile "resident rules" - NY can consider you a resident even if you re'physically present for just 183 days in a tax year if you maintain a permanent place of abode there. I d'recommend checking the NY State Department of Taxation and Finance website for Publication 105 which covers resident vs nonresident status. Given how complex this can get with the interaction between federal F1 rules and state rules, you might want to consult with a tax professional who specializes in international student taxes when you re'getting close to that 5-year mark.

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This is such valuable information - thank you everyone for sharing your experiences! I'm in a similar situation as an F1 student approaching my 5th year, and I had no idea about some of these complications like FBAR requirements and state tax differences. One thing I'm curious about: if you become a resident alien for tax purposes but are still on F1 status for immigration purposes, does this create any conflicts? I've heard some people worry that filing as a resident alien might somehow affect their visa status or future applications, since F1 is technically a "non-immigrant" visa. Has anyone dealt with this concern or gotten clarification from immigration attorneys about whether tax residency status affects immigration status? Also, for those who've gone through this transition, did you notice a significant difference in your tax liability when switching from 1040NR to 1040? I'm trying to budget for potential changes in what I'll owe.

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