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    bayarea's Avatar
    bayarea Posts: 4, Reputation: 1
    New Member
    		  
    #1

    Mar 19, 2009, 12:22 PM
    Visitor on Tourist visa (B1/B2)- should file form 8843?
    Hi

    I am a nonresident in the US. I was present in the US for more than 183 days in 2008 -on a legal Tourist visa (B1/B2) . Of course I did not work as a tourist in the US.
    I left the US in January 2009 and came back in February 2009, but this time I entered on a new F-1 Student visa starting Feb 10 2009.
    My question is: do I need to file form 8843 for the year 2008? Obviously I was just a tourist during that year (even though I was present more than 183 days in the US).

    Please tell me what is the law about taxes form me.

    Thank you,
    Bayarea.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 19, 2009, 12:48 PM

    No, you do not file any form for 2008.
    On F1 you will file nonresident tax return and Form 8843.
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
    Tax Expert
    		  
    #3

    Mar 20, 2009, 09:28 AM

    Unless a treaty applies, you are treated as a resident of the U.S. for at least part of 2008. If your worldwide income (not just U.S. income) exceeded $3,500 (for a single individual), then you need to file a U.S. tax return.
    bayarea's Avatar
    bayarea Posts: 4, Reputation: 1
    New Member
    		  
    #4

    Mar 20, 2009, 09:57 AM
    I haven't earned any money during 2008 - not in the US and not elsewhere. So that means I don't need to file anything about taxes, right?
    BY the way I was in the US as a tourist also in 2007 and 2006 for quite a while but still didn't earn any money in the US or in any other country during 2006-2007.
    Thanks,
    bayarea
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
    Tax Expert
    		  
    #5

    Mar 20, 2009, 11:03 AM

    Right. No income tax return filing requirement if you don't have any income. If you have a foreign bank account with a balance of $10,000 or more at any time during the year, see Form TD F 90-22.1.
    taxingtaxes's Avatar
    taxingtaxes Posts: 23, Reputation: 1
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    #6

    Apr 1, 2009, 04:52 AM

    Hi, I have a similar situation. I was on a tourist B1 visa for over 183 days in 2008 and did not have any income in US or anywhere else. However, because I worked legally in the US until 2007 (I filed my taxes for 2007), I have an IRA retirement account, and in 2008 I withdrew about $7000 to help pay for my stay in the US. I was told that I may have to pay a 10%penalty for early withdrawal. So, (1) do I have to file form 1040NR for 2008? And (2) will I have to pay the 10% penalty? (Most of that money went towards certification programs and classes, so I was hoping to itemize deductions.)

    Thanks for any help!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #7

    May 29, 2009, 11:12 AM
    Yes, you need to file the Form 1040NR, and yes, you will need to pay the 10% Early Withdrawal Penalty.
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