Vandana
Feb 15, 2007, 11:08 AM
Hi,
Up to now, I believed that when you are on F1 visa, it's mandatory for you to file form 8843 unless you qualify as a resident on the basis of 5 years stay in US.
But, I read an FAQ as follow.
What happens if the student doesnʼt file the form 8843?
If Form 8843 is not filed, the alien canʼt exclude their days of presence from the SPT. This could mean that they will be viewed as a resident alien for tax purposes. They would have to report all of their world-wide income on the U.S. tax return and they may not be able to claim their treaty benefits.
This is on the following link.
http://www.irs.gov/pub/irs-pdf/p4152.pdf
I have couple of questions.
1) If I don't want to declare myself as a Non Resident, is it legally possible to do so, by not filing 8843?
2) If not, does non filing of 8843 affects me while applying for H1 or Green card?
Further, I read following section in Form 8843.
Penalty for Not Filing Form 8843
If you do not file Form 8843 on time, you may not exclude the days you were
Present in the United States as a professional athlete or because of a medical condition or medical problem that arose while you were in the United States. Failure to exclude days of
Presence in the United States could result in your being considered a U.S. resident under the substantial presence test.
You will not be penalized if you can show by clear and convincing evidence that you took reasonable actions to become aware of the filing requirements and significant steps to comply with.
Does that mean same as what that FAQ states?
Thanks in advance.
Up to now, I believed that when you are on F1 visa, it's mandatory for you to file form 8843 unless you qualify as a resident on the basis of 5 years stay in US.
But, I read an FAQ as follow.
What happens if the student doesnʼt file the form 8843?
If Form 8843 is not filed, the alien canʼt exclude their days of presence from the SPT. This could mean that they will be viewed as a resident alien for tax purposes. They would have to report all of their world-wide income on the U.S. tax return and they may not be able to claim their treaty benefits.
This is on the following link.
http://www.irs.gov/pub/irs-pdf/p4152.pdf
I have couple of questions.
1) If I don't want to declare myself as a Non Resident, is it legally possible to do so, by not filing 8843?
2) If not, does non filing of 8843 affects me while applying for H1 or Green card?
Further, I read following section in Form 8843.
Penalty for Not Filing Form 8843
If you do not file Form 8843 on time, you may not exclude the days you were
Present in the United States as a professional athlete or because of a medical condition or medical problem that arose while you were in the United States. Failure to exclude days of
Presence in the United States could result in your being considered a U.S. resident under the substantial presence test.
You will not be penalized if you can show by clear and convincing evidence that you took reasonable actions to become aware of the filing requirements and significant steps to comply with.
Does that mean same as what that FAQ states?
Thanks in advance.