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snafsnarez
Jul 23, 2007, 08:03 PM
Hi,


I have been present in the U.S. for more than 5 years as a student, and am currently finishing up my OPT. Has anyone had experiences with filing as a non-resident for tax purposes under the Closer Connection Exception for Students (the second one listed under: The Closer Connection Exception to the Substantial Presence Test for Foreign Students (http://www.irs.gov/businesses/small/international/article/0,,id=129255,00.html)

My OPT expires in early 2008, upon which I plan to leave the country, and I just thought it would make more sense to countinue filing (2006, 2007) as non-resident until then (since I am still in F-1 student status). Does anyone know what happens if my claim is rejected; do I just have to refile or are there penalties, etc?


Thanks a lot,

S.

AtlantaTaxExpert
Jul 26, 2007, 04:47 PM
In my opinion, you have NO CHANCE of arguing a closer connection given the length of stay in the U.S.

Sorry!