Taxes for Foreign Students Hat
⚠️ Disclaimer
The information provided above is for general educational purposes only and does not constitute legal or tax advice. U.S. tax laws and immigration rules can be complex and subject to change. Individual circumstances vary, and requirements may differ based on your personal situation, state of residence, and university policies.
For official guidance, always consult:
The IRS website (www.irs.gov) for the most current forms and instructions.
Your university’s international student office for school-specific tax resources.
A qualified tax professional (preferably one with experience in nonresident tax matters) if you have complex situations, prior-year gaps, or significant income.
Filing late forms, including Form 8843, is generally possible, but outcomes cannot be guaranteed. You are solely responsible for ensuring accuracy and compliance with U.S. tax regulations.
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The majority of F-1 students must file specific forms for tax compliance even if they do not receive any income in the United States.
Below is a summary of what you must do:
All F-1 students must complete Form 8843.
Even if they had no U.S. income, all foreign students on F-1 visas are required to submit Form 8843.
It is a statement of your visa status and number of days in the United States, not a tax return.
My roommate had to mail in Form 8843 to remain in compliance even though he didn't have any income during his first year.
If You Made Money in the United States
Sources of income include internships, CPT/OPT work, on-campus jobs, and scholarships that pay for living expenses in addition to tuition.
Form 8843 and Form 1040-NR (Nonresident Alien Tax Return) are probably required.
A student who worked ten hours a week at the library made about $3,000. To properly report it, he submitted both an 8843 and a 1040-NR.
Resources & Services (Frequently Utilized by Foreign Students)
IRS-approved software for nonresidents is called Sprintax. A Sprintax discount code is offered by numerous universities.
Glacier Tax Prep: Free access is offered by certain schools.
Free IRS-sponsored tax preparation assistance is available , though not all centers accept international students.
Important Deadlines
The deadline for filing federal taxes is April 15 (most years).
If you worked in a state (such as California, New York, or Massachusetts), state taxes might also be applicable.
Applications for future visas or green cards may be affected if you file late.
Typical Mistakes to Avoid
Submitting the incorrect form, such as the standard 1040 rather than the 1040-NR.
When you are unemployed, you may overlook Form 8843.
Disregarding state tax obligations, which differ from state to state.
Failing to preserve copies of previous filings, which are crucial for upcoming immigration procedures.
Pro Tip: You will need your W-2, 1098-T, and any scholarship letters for filing, so always keep them safe. Ask the international student office at your university if you're unsure; most of them hold tax workshops in the spring.
Checklist for F-1 Tax Filing
First, collect your documents.
Details of your passport and visa (I-20, DS-2019, if applicable).
Form W-2 (if you were on-campus, CPT, or OPT).
If you received taxable scholarships or fellowships, submit Form 1042-S.
Form 1098-T (tuition statement; occasionally required).
Forms for bank interest (1099-INT, if any).
copies of tax returns from prior years (if applicable).
Find Out Your Filing Status
For the first five years, all F-1 students are regarded as nonresident aliens.
Even if you had no income, you still need to file taxes (Form 8843).
File Form 8843 (Necessary for All)
Declare your student visa status annually by filling out Form 8843.
If you had no income, mail it to the IRS.
Attach Form 8843 to your 1040-NR return if you received income.
File a Federal Tax Return If You Made Money in the United States
Instead of using Form 1040, use Form 1040-NR.
Declare your taxable income, wages, and scholarships.
Attach the 1042-S or W-2 forms.
Tools to assist:
Many schools offer free or discounted codes for Sprintax, which is popular among international students.
Glacier Tax Prep (which some universities offer for free).
Verify State Tax Obligations
Separate state tax returns are required in some states (such as CA, NY, MA, and IL).
States have different regulations and due dates.
Submit by the Due Date
The federal tax deadline is April 15 (most years).
State deadlines are typically the same, but local confirmation is required.
Maintain Records Copies
Keep copies of your receipts, W-2s, and filed forms.
These could be needed for upcoming applications for green cards or visa renewals.
Brief Overview:
No income → Only file Form 8843.
Income → Submit Form 8843, federal 1040-NR, and state return, if necessary.
For file support, use Sprintax/Glacier.
Always submit your work by April 15th.
Once more, what is Form 8843?
It is an IRS-mandated informational statement rather than a tax return.
Even if they did not receive any income in the United States, all F-1 students (as well as J-1 and M-1) are required to file it.
It informs the IRS that you are a nonresident and are not required to accrue days toward "substantial presence," which is a requirement that would otherwise make you a resident for tax purposes.
The repercussions of failing to file Form 8843
Problems with Tax Compliance
Every F-1 student is required to file it by the IRS. Technically, not doing so is non-compliance.
Unlike tax returns with unpaid taxes, there is typically no penalty fee for missing it right away, but it could lead to issues down the road.
Future Applications for Visas and Immigration
You might be required to provide proof of prior tax compliance when applying for U.S. visas, green cards, or permanent residency.
It might be questioned whether you complied with US laws while on F-1 status if you failed to file.
Loss of Protection from Nonresident Status
You are protected from being considered a U.S. resident under the "substantial presence test" by Form 8843.
If left unfiled, the IRS might not have documentation proving your exemption, which could cause misunderstandings or even misclassification.
What to Do If You Didn't See It
Retroactively File: Late filing is permitted by the IRS. Form 8843 for previous years can still be submitted. Simply download the form, fill it out with the information for the appropriate year, and mail it in.
A brief explanation such as "Filed late due to oversight, maintaining compliance" should be attached, according to some tax advisors.
Utilize Tools: Late Form 8843s for prior years can be produced by software such as Sprintax or Glacier Tax Prep.
For his first two years, a student I knew neglected to submit Form 8843. He was told to fix it when he applied for OPT. After mailing the IRS the backdated forms (one for each year), he was exempt from penalties and remained compliant for any subsequent visa applications.
Conclusion: Don't worry if you forgot; simply file it later. Fixing it now avoids future immigration or tax problems, which is the IRS's primary goal.
Detailed Instructions for Submitting a Late Form 8843
Obtain the appropriate year's form.
Look for Form 8843 [year] PDF on the IRS website.
For each year you missed, use the appropriate form (for example, 2021 Form 8843 for 2021).
You must submit a different Form 8843 for each year if you missed more than one.
2. Complete the Form
Part I: Your personal information, including your name, address in the United States, and, if applicable, your SSN or ITIN.
Students are typically exempt from Parts II–IV.
Part V: Provide your visa information (F-1), the date of your initial arrival in the United States, and the number of days you spent there.
At the bottom, sign and date.
Get supporting documentation ready (recommended but optional).
A copy of your passport's I-20 and/or visa page should be made.
"Filed late due to oversight—submitting to maintain compliance" is a brief note that should be attached.
Address for Mailing
Send the IRS the completed form or forms by mail:
For low-income students (only those on Form 8843):
Internal Revenue Service Center, Department of the Treasury, Austin, Texas, 73301-0215, USA
For students who have income (as shown on Form 1040-NR + 8843):
Include Form 8843 with your 1040-NR and mail it to the IRS address (which varies by state) specified in the 1040-NR instructions.
Maintain Records Copies
The form and mailing receipt should always be kept in a PDF or scan.
These could be needed for later processing of green card applications, OPT applications, or visa renewals.
If in doubt, use filing tools.
Late 8843 forms can be generated with the aid of Sprintax or Glacier Tax Prep.
Each year, they will ask you questions and automatically fill in the appropriate information.
In summary
Each year, one Form 8843 should be filled out, signed, and mailed to Austin, Texas.
Although there is no penalty for filing after the deadline, it is essential for immigration compliance.
To remain listed as compliant, file as soon as you can.
Sample Letter
Late Filing Explanation – Form 8843 (Tax Years: ______, ______, ______)
Name: __________________________
US Address: _____________________
SEVIS ID: _______________________
SSN/ITIN (if any): ______________
Visa Status: F-1 Student (Nonresident for tax purposes)
I am submitting late Forms 8843 for the tax years listed above due to [inadvertent oversight / unfamiliarity with the requirement]. A separate, signed Form 8843 is included for each year as required.
Year ____: [No income / 1040-NR filed separately]
Year ____: [No income / 1040-NR filed separately]
Year ____: [No income / 1040-NR filed separately]
I have not made any election to be treated as a resident for tax purposes.
Signature: ______________________ Date: ______________
Email/Phone (optional): _________________________________