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    Piggley Winks's Avatar
    Piggley Winks Posts: 40, Reputation: 1
    Junior Member
    		  
    #1

    Apr 9, 2013, 10:36 PM
    F-1 student filing tax with 1040 for 5 years. Still may use 1040 for 2012 tax?
    I have been an F-1 student since 2002. I have been filing tax with the 1040 form from 2007 to 2011. I was about to file my 2012 tax with the 1040 form again. However, I have just found the following on the IRS web site (Publication 519 (2012), U.S. Tax Guide for Aliens).

    Students...
    You will not be an exempt individual as a student in 2012 if you have been exempt as a teacher, trainee, or student for any part of more than 5 calendar years unless you meet both of the following requirements.
    * You establish that you do not intend to reside permanently in the United States.
    * You have substantially complied with the requirements of your visa.

    I do intend to reside permanently in the States in the future. As a matter of fact, I am graduating in the Summer and is actively looking for jobs. Does it mean that I must file my 2012 tax with the 1040-NR form? If I use the 1040 file for 2012, will have have problems in the future when I apply for my permanent residency?

    Looking forward to hearing from you. Thank you very much.
    taxesforaliens's Avatar
    taxesforaliens Posts: 649, Reputation: 117
    Senior Member
    		  
    #2

    Apr 10, 2013, 06:39 AM
    There is also the life time look back rule for F/J students. If you were exempt as a students for 5 years since January 1 st, 1985, you cannot be exempt again.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Apr 13, 2013, 09:39 PM
    You are CLEARLY a resident alien for tax purposes, and have been since 2007.

    Continue to file as a resident.
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