nonres

Hello,

I'm presently on F-1. Last year a Labor certification (Eta-750) was filed
on my behalf. I am confused, am I a resident for tax purposes or not?
Usually F-1 students file as non-residents for the first 5 years (I have
been just 2 years in the US now).

Thanks for any ideas...

Taffyles

You have to have permanent residence status (green card) or prove 'substantial presence' in the US to file as a resident. To pass the substantial presence test, you have to have been in the country for 5 years. So it looks as though you have to file as a non-resident, sorry. Maybe as a student you can claim some deductions if you itemise- I don't know. Your foreign student counselor should be able to advise you.

nonres

I'm refering to the following excerpt from Pub.519:

"You will not be an exempt individual as a
student if you have been exempt as a teacher,
trainee, or student for any part of more than 5
calendar years unless you establish that you do
not intend to reside permanently in the United
States and you have substantially complied with
the requirements of your visa. The facts and
circumstances to be considered in determining if
you have demonstrated an intent to reside per-
manently in the United States include, but are
not limited to, the following.
1) Whether you have maintained a closer
connection to a foreign country (discussed
later).
2) Whether you have taken affirmative steps
to change your status from nonimmigrant
to lawful permanent resident as discussed
later, under Closer Connection to a For-
eign Country."

2) is true for me. Is it still the case that for 5 years I am exempt
individual (so I file as non-resident)?

    > You have to have permanent residence status (green card) or prove
    > 'substantial presence' in the US to file as a resident. To pass the
    > substantial presence test, you have to have been in the country for 5
    > years. So it looks as though you have to file as a non-resident, sorry.
    > Maybe as a student you can claim some deductions if you itemise- I don't
    > know. Your foreign student counselor should be able to advise you.
    > --
    > Posted via http://britishexpats.com

Taffyles

You need to seek advice from the International Student Counselor at your school or from a tax adviser- to discuss the finer points and your personal circumstances.

Cs

Im not sure if this is right but I thought you had to be here for 3 years,
with a certain ammount of days on each year. If you can file as a resident,
dont forget to take out education cause thats a lot of money right there.



wrote in message
news:Pine.GSO.4.50.0304140037180.337....cc.gatech.edu...
    > Hello,
    > I'm presently on F-1. Last year a Labor certification (Eta-750) was filed
    > on my behalf. I am confused, am I a resident for tax purposes or not?
    > Usually F-1 students file as non-residents for the first 5 years (I have
    > been just 2 years in the US now).
    > Thanks for any ideas...