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    uhsarp's Avatar
    uhsarp Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Feb 23, 2010, 04:18 PM
    F1 Student since 2008 - Tax Residency
    Hello everyone!

    I've been living in the US on F1 VISA since July 2008. I have a question regarding filing taxes for 2009.

    Presently, I do pass the substantial presence test as I've been living continuously throughout 2009. But I also realized that F1 students are exempt from this test for the first 5 years and file the taxes as a non-resident alien.

    But I would like to file taxes as a resident alien. Can I file taxes as a resident alien as I do pass the substantial presence test?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Feb 24, 2010, 05:19 AM

    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 but you must pay federal and state income taxes. Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
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