Ask Me Help Desk - Should I file 8843 for NRA Employee?

Hi,

I was running an application to file my Tax returns using 1040NR, and the system mentioned the following statements -

"YOU ARE CONSIDERED A NONRESIDENT ALIEN FOR TAX PURPOSES

. You ARE required to file Form 8843 even if you had no U.S. source income
• You will file Form 1040NR-EZ or 1040NR in addition to Form 8843 if you had U.S. source income
• Your U.S. bank interest is NOT considered taxable income
• You are only required to declare U.S. source income
• You should notify your employer not to withhold Social Security and Medicare taxes. If you had Social Security and Medicare taxes withheld from your paychecks you may ask for a refund from your employer or file Form 843 - Claim for Refund for Social Security Taxes. "

So here are my q's..

1.) Surprised to see that I have to file 8843.
2.) I found that if I file as a Resident Alien (1040 EZ), I end up paying less tax than if I had filed Non-resident alien(1040 NR EZ) (I had checked the tax number for resident alien using taxact online, while I had manually computed my tax for filing NonResident form). Just wanted to confirm if this would normally happen.

Thanks so much for your previous replies.

1) That IS the requirement, even though much that is on the Form 8843 is already on the Form 1040NR and 1040NR-EZ. Mail the Form 8843 with your tax return.

2) It is most likely that filing as a resident alien results in a lower tax owed, because resident aliens can claim the Standard Deduction, while most non-resident aliens cannot.

Thanks for your query, also do I need to file any other supplementary documents along with form 843? Thanks

And regarding form 8843, I would like to state a fact that I'm not a student and am working and employed. So would I still have to file 8843, (or as I read in another page) 8840? Thanks!

The Form 8843 is a simple report to account for exempt days.

Form 843 is used to request a refund or abatement of taxes. Most NRAs use it to get improperly-withheld Social Security and Medicare taxes. The support documents you need are listed on page 46 of IRS Pub 519.