[jrwu98]

I read up a few other questions/answers, but decided to open a new thread instead...
Like many others, I'm really confused with my alient status!

I originally thought I was a non-resident alien (since I'm still a student), but I am using CINTAX software, and it tells me I qualify for SPT and I'm a resident alien, after I entered all the days that I am in the country each year since 1986 (I was present in this country for a total of 8 different years).

In pub519, it did mention how students with F type visa are "exempt individual" and you shouldn't count the days that you are an exempt indiviual... then I don't qualify for SPT if this applies...

Does that mean, this CINTAX software is not smart enough to calculate those days that I am exempty individual, and I should bypass this section and continue?

At the same time, this document published by my school said:
2. Aren't all students in F-1 and J-1, which are nonimmigrant statuses, also nonresidents for tax purposes?
Not necessarily. Your tax status (nonresident or resident) is separate from your immigration status. You may be a resident for tax purposes even though you are still a non-resident for immigration purposes. Generally, if you have been in the U.S less than 5 calendar years, you are a nonresident for tax purposes and will be filing nonresident forms; CINTAX and the tax workshops are designed for you.

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Which one is right?? I am soooo confused!! Please help me explain if possible! Thanks so much!

[taxsearcher]

If you have held your F1 visa (or previously a J1) for more than 5 years then you start counting your days toward the SPT. It's a little hard to give you advice without more details on your situation.

[jrwu98]

I was an fulltime undergrad student in the US from 1998-2002, then I left the country to go home and work, and then I came back to US for grad school from 2005 - now...

I also visited with B1 vistor visa in both 2003 and 2004, but less than a week for each year

And yes, I guess I missed the part in pub519 that mentioned if I'm in the country for more than 5 calendar years then I'm considered a resident alien...

So, I should file 1040s instead of 1040NRs? So I don't have to file 8843?

And I don't get the benefits of non-alien residents like not needing to file my bank interests?

And that means I can use turbo tax?

Thanks for your kind help!

[taxsearcher]

You were an exempt individual and non-resident for the five year period 1998-2002 (that adds to 5 years).

Use Turbo Tax if you like.

[AtlantaTaxExpert]

Agree!

[jrwu98]

Another quick question...

I file using 1040... so, I don't get the benefits from not having to report interest & Dividend, but I enjoy the benefits from the tuition credit? Just like a normal US citizen would?

That's actually better for me... since tuition credit is like $2000

Thanks!

[hotcakey]

I read up a few other questions/answers, but decided to open a new thread instead...
Like many others, I'm really confused with my alient status!!

I originally thought I was a non-resident alien (since I'm still a student), but i am using CINTAX software, and it tells me I qualify for SPT and I'm a resident alien, after I entered all the days that I am in the country each year since 1986 (I was present in this country for a total of 8 different years).

in pub519, it did mention how students with F type visa are "exempt individual" and you shouldn't count the days that you are an exempt indiviual...then I don't qualify for SPT if this applies...

Does that mean, this CINTAX software is not smart enough to calculate those days that I am exempty individual, and I should bypass this section and continue??

At the same time, this document published by my school said:
2. Aren't all students in F-1 and J-1, which are nonimmigrant statuses, also nonresidents for tax purposes?
Not necessarily. Your tax status (nonresident or resident) is separate from your immigration status. You may be a resident for tax purposes even though you are still a non-resident for immigration purposes. Generally, if you have been in the U.S less than 5 calendar years, you are a nonresident for tax purposes and will be filing nonresident forms; CINTAX and the tax workshops are designed for you.

---
Which one is right?!?!?! I am soooo confused!!! Please help me explain if possible! Thanks so much!!

Hi if I were you. Ill talk to a lawyer to answer all your question or go to your embassy ask them.or find a person who know this kind of stuff

[AtlantaTaxExpert]

Sigh...