Have a Tax Question? Ask a Tax Expert
Hello! I am a CPA here to assist you with your tax questions. My goal is to provide you with excellent service today.
What type of visa are you on, and have you been in the United States at least 183 days during the year?
Whether or not you are a resident for tax purposes depends on how much you are in the US.
I am on an F1 visa. I have been in the United States for 11 years still on a student visa.
I left only once in 2008 to renew my visa.
Okay, on an F-1 visa you are only filing a 1040 NR for the first 5 years
after that, you are considered a resident for tax purposes.
So, you would be correct in filing the 1040EZ if you pass the substantial presence test, which it sounds like you did.
You can read about this information, HERE
Ok got it!
Is there anything else I can assist you with today?
Yes, does that mean i can qualify for IN-state tuition because I believe proving residency is the main qualifier for being an instate student.
Your tax residency and residency for that purposes are two different things.
Our international student office does not know i was working either so i am a little worried to bring it up with them.
ok that makes sense
The IRS doesn't care if you worked or not, as long as you pay taxes.
So, you would not risk yourself with an IRS audit...but working under your social security number could raise flags with immigration.
ok, also my social security card does not say "not valid for employment" so one year i used it for a brief part time job and it worked.
"worked" meaning they accepted it.
I can only speak to your tax residency
I cannot comment on immigration
ok i understand.
thank you very much.
i will file a 1040 ez then.
i filed an extension so the deadline is coming up.
Yes, it's Tuesday the 15th
that will be it, thank.
You're welcome. If you would, please rate my response as "excellent" so that I may receive credit for assisting you today
ok will do.
Thanks so much!
I received an IRS letter 5596 dated 8.6.15 see stating