How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lane Your Own Question
Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 12477
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
1929974
Type Your Tax Question Here...
Lane is online now
A new question is answered every 9 seconds

I am a foreign student in U.S. from the end of July, 2013.

Customer Question

I am a foreign student in U.S. from the end of July, 2013. I am from Japan and I have income in Japan.

I think I have no need to pay income tax in U.S. for my income in Japan for some years because I came here with F-1 visa so that I think I am non-residents. But I think I need to submit some documents to IRS to be exempt U.S. income tax.

What documents should I need to submit to IRS to be exempt U.S. income tax?
Can I fill the documents in by myself with your help?
Submitted: 4 years ago.
Category: Tax
Expert:  Lane replied 4 years ago.

NPVAdvisor :

Hi,

NPVAdvisor :

because you are here and have "F" status (F-1 Visa) you are exempt from taking the Substantial Presence test for determining residency

NPVAdvisor :

This will be true for the first five years that you are here

NPVAdvisor :

This means that RIGHT NOW you are automatically a NON-resident alien for tax purposes

NPVAdvisor :

Once you have spent any part of 6 or more calendarƒ years, you must take the (Substantial Presence Test (SPT) to determine your tax status

NPVAdvisor :

(As an Aside, unlike individuals in F and J status, H-1B Temporary Workers have no period of exemption from the SPT)

NPVAdvisor :

Once AND IF you are here for more than 5 years you will be deemed to be Physically present in the United States at least 31days during that current year, andƒ 183 days during the last 3 preceding years, hence be deemed to be a resident for tax purposes and ONLY THEN would you need to file a return... give that none of your income is US source income

NPVAdvisor :

Again, it's only after one of two things happen that you might have to file anything with the IRS (1) you receive US source income OR (2) you are here long enough under your F-1 Visa to have to use the SPT, substantial Presence test, to file a return

NPVAdvisor :

And finally, once (and if you ever) have to file you may be able to get a credit for any taxes paid in Japan ... but for now, you are fine

NPVAdvisor :

No need to file, no need to submit anything to document, as long as none of your income is not US income and as long as you havce been here for less than 5 years

NPVAdvisor :

Here's an excellent piece of documentation:

Basic Tax Information for F1 Visa Holders

NPVAdvisor :

Hope this helps

NPVAdvisor :

Lane

NPVAdvisor :

...let me know if you have any questions at all

Customer: replied 4 years ago.

Do I need to file Form 8843?


 


http://iss.washington.edu/no-income


 


 


 

Expert:  Lane replied 4 years ago.


es, filing form 8843 would be proactive.

Most do not, until thy are questioned about the need to file a tax return.

Filing the 8843 will be a way of stating that you are exempt from filing, before the fact (before you are asked to file),.

... no reason not to. if you are certain that you will have no reason to file.