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    Larubia's Avatar
    Larubia Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Mar 30, 2009, 05:58 AM
    New Tax Form 8843 for Non Resident Aliens
    Hi,

    I've been here for 3 years as an F1 student, and I see that this year the IRS wants us to fill in 8843...

    In 2008 I was in the US for more than 183 days... in fact all year except for about 2 weeks.
    And I have income for 2008 so I am going to file a tax return.

    What's the purpose behind the form.. I'm concerned it smells like an immigration form!

    I notice there are new questions on there like question 12 which is definitely more of an immigration question than a tax question to me...

    Any thoughts...

    What happens if I only file my 1040NRez - pay my taxes and don't file the 8843..

    Thanks
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 30, 2009, 12:06 PM

    On F1/OPT you are exempt from residency for 5-years. You must file non-resident tax return Form 1040NR or 1040NR-EZ and Form 8843. Your income is not subject to FICA taxes but you must pay federal and state income taxes.

    Form 8843 is to disclose exempt status informaiton. Must file it. It is not your choice.

    Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
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