Ask Experts Questions for FREE Help !
Ask
    sravs25's Avatar
    sravs25 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Mar 16, 2009, 01:06 PM
    Not filed form 8843 for year 2007
    Hi,

    My brother is an international student (F1 Visa), who came to US in July 2007.

    I claimed him as dependent on Tax Returns for year 2007, as I paid his tuition and living expenses. (I live in CA, he goes to school in TX). He did not earn in 2007. He did not file form 8843 for year 2007. What are the consequences? Does he need to file it now.

    For year 2008, he attended school for 1 semester, and worked fulltime rest of year under CPT. Does he need to file form 8843 for year 2008 and what type of 1040 should he file?

    Your advice is really appreciated.

    Thanks,
    Sravanthi
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 17, 2009, 02:17 AM

    On F1 visa your brother is exempt from residency for 5-years. You can not claim him dependent as a dependent must be citizen or resident of the U.S.

    A F1 visa holder must file Form 8843 even if he does not file tax return. Form 8843 is for claiming exempt status for the year.
    Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
    sravs25's Avatar
    sravs25 Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Mar 17, 2009, 11:02 AM
    I have clearly made a mistake by claiming him as dependent on tax return. Should I amend my 2007 tax returns.

    Just to confirm my brother can file a 1040NR along with 8843 this year.

    Thanks,
    Sravanthi
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #4

    Mar 17, 2009, 11:29 AM

    Yes your brother should file nonresident tax return with Form 8843. His income is not subject to SS tax and Medicare tax.

    You claimed your brother as dependent. You meet relationship test, support test and your brother did not earn $3400 in 2007. Also your brother meets residency test except that he has F1 visa. The tax laws are very complicated and involved. May be under some clause you may be able to claim your brother. But I do not know about this. You should still get opinion from AtlantaTaxExpert and IntlTax.
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
    Tax Expert
    		  
    #5

    Mar 17, 2009, 07:31 PM

    I agree with MukatA's comments above. You cannot claim your brother as a dependent because he was not a U.S. citizen or a U.S. resdient for the year.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Forgot to file the Form 8843 for 2007. Can I still file it? [ 7 Answers ]

Dear Sir, I think I need to clarify the question about this. I was in the US from July 2006 to July 2007 with F-1 student visa. I again came back to the U.S. in August 2008 with J-1 trainee visa. I started to prepare for the tax return document (but actually I only need to pay the income...

Filing form 1040 dual status tax year 2007 [ 3 Answers ]

When filing form 1040 for dual status tax year, do I claim my dependent for the whole year. Do I also claim charitable contributions and HSA for the whole year. Then fill out form 1040nr using figures that relate to the non resident part of the year?:confused:

Form 8843, unpaid internship last year [ 1 Answers ]

Hi, I did an unpaid internship last year in the US. Now I have a few questions about filling out form 8843: - do I fill out the "Address in the US" (I returned to my home country in March 2005, should I fill in my address during the internship) - what do I write at "current nonimmigrant...

Filed 1040 in 2005 instead of 1040NR: Which form should be filed for 2006? [ 7 Answers ]

Hi, I came to the US in Fall 04 and since then have been continuously on an F-1 student visa. I filed form 1040NR-EZ for 2004, but for 2005 I hired a CPA who (without informing me) filed a 1040 on my behalf. In there, he claimed an education credit (or something to that effect) which effectively...

F-1 Student - failure to file 8843 and e-filed [ 3 Answers ]

I have two questions, I'll give my background first: I am a citizen of India and entered US in December 2002 as F-1 Student, I am an F-1 student as of April 2006 and will be working in OPT for next year. I did two mistakes that I am realizing now. 1) I failed to file 8843 for year 2002....

View more questions Search