[ANambiar]

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.

[AtlantaTaxExpert]

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.

[ANambiar]

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!

[AtlantaTaxExpert]

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.