Hi,

I came to the US on an F1 visa in December 7 2007. I did not start any work until December 2008. Do I qualify to file as Resident Alien (presence test) or Non-resident alien since I lived in the US for the whole of 2008?

I did not know I had to file for 2007, so is there any penalty in filing form 8843 in addition to my 2008 return?

Thanks very much and hope to hear from you soon.

Baker.

I think you must file as Non Resident Alien. As far as I know you can file as Non Resident Alien for 5 years on F1 and after that you are Resident for tax purposes.

On F1/OPT you are exempt from residency for 5-years. You must file non-resident tax return Form 1040NR or 1040NR-EZ and Form 8843. Your income is not subject to FICA taxes. On your income you will get deduction based on tax treaty between the U.S. and your country.

For 2007 you can file Form 8843. It must be filed separately that is do not include in your 2008 tax return.

Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents