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Anne, Master Tax Preparer
Category: Tax
Satisfied Customers: 2343
Experience:  Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
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1)I am a F-1 student. I did not earn any income 2009 and 2010.

Customer Question

1)I am a F-1 student. I did not earn any income 2009 and 2010. I did not know I should file form 8843 last year. so can I still file form 8843 for 2009 this year with form 8843 for 2010? Is it too late? Do I need to explain why I did not file form 8843 last year?

2) I have been in the U.S. for 5 years in 2009. I know I need to file 8843. However, I have been in the U.S for 6 years in 2010. so in until 2010, I would be considered residence alien for tax purpose, right? so for 2010, do I still need to file 8843 (I did not have any income in 2009 and 2010)

Submitted: 5 years ago.
Category: Tax
Expert:  Anne replied 5 years ago.

Thank you for using justanswer. Yes, you may still file Form 8843 for tax year 2009. In fact, you absolutely should file it. Filing this form lets the IRS know when you have fulfilled your 5 year time span and is your proof that you are now eligible to file as a Resident Alien in 2010. Here is the link to the 2009 Form 8843:

Form 8843

Form 8843 is only required while you are considered a Non Resident Alien, so you should not file that form once you have reached Resident Alien status.

You stated that you did not have any earnings in 2010. I just want to be clear that once you become a Resident Alien for tax purposes, you must now report world wide income on your tax return, so even if you had no earnings from the US, if you have income from your home country, such as rental income, income from a business held in another country, etc you would now need to report that income.

If you don't have any income from overseas, and you had no US sourced income (W2, self employment, etc) then you would not be required to file a 2010 tax return.

I hope this helps.
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