phi1
Mar 25, 2012, 04:04 AM
Hello,
I have a question regarding whether I should file form 8843 and what I should write on line 12.
Here is my situation: I have been an F1 student since 2006. So the 5-year exemption ran out on December 31st 2010, and I am no longer an exempt individual for 2011. But I only spent 124 days in the US in 2011.
As I understand it, the exemption still covers 2009 and 2010, so I should not count the days I spent in the US in these two years in the substantial presence test. My total is thus 124, and I am a non-resident alien. Is this reasoning correct?
If it is, should I file form 8843? I am no longer an exempt individual, but I still claim the exemption for the two previous years in the substantial presence test.
I used the software provided by my University (Glacier tax prep), and it did something really weird here. It edited form 8843 for me, and it mentioned my F1 status for 2006 on, but it then ticked the “No” box on line 12 - which asks whether I have been in the US as a student, teacher or trainee for any part of more than 5 calendar years. This seems obviously false to me!
Yet, it sounds like if I tick “Yes”, I have to establish a closer connection to my home country, which I thought is something you have to do only if you pass the substantial presence, and I don’t.
What exactly should I do in this situation? Should I file form 8843, tick “Yes” on line 12 and simply attach a statement that mentions the substantial presence test? Should I file something else? (And why does the software behave in this way?)
Thanks for any help!
I have a question regarding whether I should file form 8843 and what I should write on line 12.
Here is my situation: I have been an F1 student since 2006. So the 5-year exemption ran out on December 31st 2010, and I am no longer an exempt individual for 2011. But I only spent 124 days in the US in 2011.
As I understand it, the exemption still covers 2009 and 2010, so I should not count the days I spent in the US in these two years in the substantial presence test. My total is thus 124, and I am a non-resident alien. Is this reasoning correct?
If it is, should I file form 8843? I am no longer an exempt individual, but I still claim the exemption for the two previous years in the substantial presence test.
I used the software provided by my University (Glacier tax prep), and it did something really weird here. It edited form 8843 for me, and it mentioned my F1 status for 2006 on, but it then ticked the “No” box on line 12 - which asks whether I have been in the US as a student, teacher or trainee for any part of more than 5 calendar years. This seems obviously false to me!
Yet, it sounds like if I tick “Yes”, I have to establish a closer connection to my home country, which I thought is something you have to do only if you pass the substantial presence, and I don’t.
What exactly should I do in this situation? Should I file form 8843, tick “Yes” on line 12 and simply attach a statement that mentions the substantial presence test? Should I file something else? (And why does the software behave in this way?)
Thanks for any help!