[babiku]

Hi I stayed 150 days in the Usa in 2011 and in 2012 I stayed with a tourist visa for 150 days and with a F1 visa 120 days.during my tourist visa period I had a permission for one year leave without a salary from my job in my country so I didn't earn money from my country that year and I didn't work in the Usa.İ had my savings in a bank in my country which is over $50.000.So I spend from my savings.Now that I am an international student I don't know what to do with my tax forms.Do I have to fill in the forms as a resident or non resident alien?what happens if I don't file anything

[AtlantaTaxExpert]

You are a non-resident alien, so only U.S.-sourced income is subject to U.S. income taxes.

If you earned no salary on 2012 while you were here, you probably do not have to file a federal or state tax return.

Yoi DO have to submit Form 8843 every year you are under the F-1 visa.

[babiku]

You are a non-resident alien, so only U.S.-sourced income is subject to U.S. income taxes.

If you earned no salary on 2012 while you were here, you probably do not have to file a federal or state tax return.

Yoi DO have to submit Form 8843 every year you are under the F-1 visa.

Thank you very much for your reply.Yes I have to submit 8843.Thats why I am confused because they want me to submit all the entry dates.When I do so I become a resident alien and don't know what to do.

[AtlantaTaxExpert]

Your F-1 visa time does NOT count for the Substantial Presence Test, so you are fine.

Submit the Form 8843.

[babiku]

Your F-1 visa time does NOT count for the Substantial Presence Test, so you are fine.

Go ahead and submit the Form 8843.

Thank you again!The problem is that when I submit the entry days the system says that I pass the substantial test with the dates that I have written to u.That's why I am confused.The total days that I stayed in 2012 is 150 days with b12 visa and 120 days for f1 visa for 2012 but I guess the system counts the days from 2011 which is 150 days with b12.Should I still just fill in the form 8843.thanks

[AtlantaTaxExpert]

The "system" does not recognize the F-1 days as exempt.

[babiku]

The "system" does not recognize the F-1 days as exempt.

Thanks again.I know that f1 days are not recognized but what about the days from 2011 and 2012 with b1/2.Don't they recognize them.Have a wonderful weekend.

[AtlantaTaxExpert]

Yes, but only one-third for 2011 days and one-sixth for 2010 days.

[babiku]

Yes, but only one-third for 2011 days and one-sixth for 2010 days.

So 50 days from 2011 and 150 days from 2012 and the total is 200 days which means I pass the substantial test.

[AtlantaTaxExpert]

The technically-correct return to file is a dual-status return with Form 1040NR as the controlling document, but any treaty exemption you get as a student would apply, so the net effect would be the same as filing as a non-resident alien.

[babiku]

The technically-correct return to file is a dual-status return with Form 1040NR as the controlling document, but any treaty exemption you get as a student would apply, so the net effect would be the same as filing as a non-resident alien.

Thank u very much.So u suggest that I should fill in the form 8843 because its going to be same as 1040NR at the end

[AtlantaTaxExpert]

Yes, file the Form 8843 WITH Form 1040NR.

[babiku]

The technically-correct return to file is a dual-status return with Form 1040NR as the controlling document, but any treaty exemption you get as a student would apply, so the net effect would be the same as filing as a non-resident alien.

Thank you so much I will just fill in as a nonresident alien

[AtlantaTaxExpert]

Glad to help!