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Visitor on Tourist visa (B1/B2)- should file form 8843?

Asked Mar 19, 2009, 12:22 PM — 6 Answers
Hi

I am a nonresident in the US. I was present in the US for more than 183 days in 2008 -on a legal Tourist visa (B1/B2) . Of course I did not work as a tourist in the US.
I left the US in January 2009 and came back in February 2009, but this time I entered on a new F-1 Student visa starting Feb 10 2009.
My question is: do I need to file form 8843 for the year 2008? Obviously I was just a tourist during that year (even though I was present more than 183 days in the US).

Please tell me what is the law about taxes form me.

Thank you,
Bayarea.

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6 Answers
MukatA's Avatar
MukatA Posts: 7,105, Reputation: 963
Tax Expert
  
#2

Mar 19, 2009, 12:48 PM


No, you do not file any form for 2008.
On F1 you will file nonresident tax return and Form 8843.
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IntlTax's Avatar
IntlTax Posts: 812, Reputation: 118
Tax Expert
  
#3

Mar 20, 2009, 09:28 AM


Unless a treaty applies, you are treated as a resident of the U.S. For at least part of 2008. If your worldwide income (not just U.S. Income) exceeded $3,500 (for a single individual), then you need to file a U.S. Tax return.
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bayarea's Avatar
bayarea Posts: 4, Reputation: 1
New Member
  
#4

Mar 20, 2009, 09:57 AM
I haven't earned any money during 2008 - not in the US and not elsewhere. So that means I don't need to file anything about taxes, right?
BY the way I was in the US as a tourist also in 2007 and 2006 for quite a while but still didn't earn any money in the US or in any other country during 2006-2007.
Thanks,
Bayarea
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IntlTax's Avatar
IntlTax Posts: 812, Reputation: 118
Tax Expert
  
#5

Mar 20, 2009, 11:03 AM


Right. No income tax return filing requirement if you don't have any income. If you have a foreign bank account with a balance of $10,000 or more at any time during the year, see Form TD F 90-22.1.
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taxingtaxes's Avatar
taxingtaxes Posts: 23, Reputation: 1
New Member
  
#6

Apr 1, 2009, 04:52 AM
Hi, I have a similar situation. I was on a tourist B1 visa for over 183 days in 2008 and did not have any income in US or anywhere else. However, because I worked legally in the US until 2007 (I filed my taxes for 2007), I have an IRA retirement account, and in 2008 I withdrew about $7000 to help pay for my stay in the US. I was told that I may have to pay a 10%penalty for early withdrawal. So, (1) do I have to file form 1040NR for 2008? And (2) will I have to pay the 10% penalty? (Most of that money went towards certification programs and classes, so I was hoping to itemize deductions.)

Thanks for any help!
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AtlantaTaxExpert's Avatar
AtlantaTaxExpert Posts: 19,866, Reputation: 3723
Senior Tax Expert
  
#7

May 29, 2009, 11:12 AM
Yes, you need to file the Form 1040NR, and yes, you will need to pay the 10% Early Withdrawal Penalty.
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