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    mw3masterboi's Avatar
    mw3masterboi Posts: 2, Reputation: 1
    New Member
     
    #1

    Mar 7, 2021, 09:59 AM
    H-4 to F-1 Tax filling with no income
    So in 2020, I was on an H-4 status for roughly 6 months and the remaining months I was on an F-1 visa. Before 2020, I had a status of H-4 for at least 10 years (from 2009). I also have no income for the year 2020.

    My first question is am I considered to be a resident or a non resident for tax purposes? According to my interpretation of the Substantial Presence Test, I would be a resident (since the 6 months in 2020 and 1 year in 2019 of H-4 status is not exempt). Other similar posts on the internet indicate I would not be a resident due to my current F-1 status. But when I used Sprintax, it claimed I was a resident.

    If I am considered to be a non-resident, then how would I go about filling out question 4a and 4b on the form 8843, where it asks to indicate the number of days exempt. Question 11 is also confusing as it takes to indicate the type of visa I held in the last 4 years, but it doesn't seem to give the option of an H type visa.

    If I am a resident, should I just fill out the form 1040, indicating that my income is 0?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,818, Reputation: 846
    Senior Tax Expert
     
    #2

    Mar 7, 2021, 03:09 PM
    For 2020, you are a resident alien because of the Substantial Presence Test (SPT).

    For 2021, you will be a non-resident alien because you are no longer subject to SPT.

    You will report ALL world-wide income on your2020 return. On your 2021 return, you will declare only U.S.-sourced income.

    ATE
    mw3masterboi's Avatar
    mw3masterboi Posts: 2, Reputation: 1
    New Member
     
    #3

    Mar 7, 2021, 08:22 PM
    I see thanks for that clarification.

    Do I still need to file a tax form, even if I don't have any income?

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