Overview

Many international students are surprised to learn that they have US tax paperwork to complete, even if they earned nothing. The rules for F-1 students are different from the rules for American students, and using the wrong form or software is one of the most common reasons for problems later.

This guide explains who has to file, which form to use, the deadlines, and how the five-year rule works. It covers federal rules. State rules vary, so check with your state tax agency as well.

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Nonresident or Resident for Tax Purposes?

For tax purposes, the US treats you as either a nonresident alien or a resident alien. This is not the same as your immigration status. Most F-1 students are nonresidents for tax purposes at first, which means they are taxed only on income from US sources and use different forms from residents.

The rule behind this is the substantial presence test, which counts the days you spend in the US. F-1 and J-1 students are treated as exempt individuals, which means their days in the US do not count towards the test, for five calendar years. Calendar years, not 12-month periods: if you arrive in December, that year already counts as year one. After the exempt period ends, you will usually become a resident for tax purposes and file as a resident, using Form 1040. Check the current rules in IRS Publication 519.

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Which Form Do You Need?

Your situationWhat you generally file
F-1 student, five calendar years or fewer, no US incomeForm 8843 only
F-1 student with US wages, stipends or taxable fellowship incomeForm 1040-NR, Form 8843, and a state return if your state requires one
F-1 student past the five-year exempt period and meeting the substantial presence testUsually Form 1040 as a resident alien. Get advice before filing

Form 8843: The Form Everyone Forgets

Form 8843 is an information statement that tells the IRS you are an exempt individual. It does not calculate tax. You are generally expected to file it for each year you were in the US on an F-1 or J-1 visa, even if you had no income. Dependants on F-2 status file their own.

  1. It cannot be filed online. You complete it and mail it to the address in the form's instructions.
  2. If you file a Form 1040-NR, you attach Form 8843 to it.
  3. If you have no income and no return to file, the usual due date is June 15 for the previous calendar year. Check the instructions each year.
  4. Keep a copy and proof of mailing. Certified mail is a sensible precaution.

Form 1040-NR: When You Had US Income

If you earned US-source income, such as wages from a campus job, a stipend, a research assistantship, or taxable scholarship or fellowship money, you will usually need to file Form 1040-NR. Your employer or school sends you a Form W-2 for wages, and a Form 1042-S for certain scholarship, fellowship or treaty-exempt income.

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  1. The usual deadline is April 15 if you received wages that had tax withheld. Some nonresidents without wages have until June 15. Confirm for your own situation.
  2. Resident software designed for citizens usually cannot prepare Form 1040-NR. Many universities give free or discounted access to nonresident tax software such as Sprintax. Ask your international student office.
  3. You may be due a refund if too much tax was withheld.
  4. Some US states have separate income tax filing requirements. A state return goes to the state where you earned the income.

Tax Treaties

The US has tax treaties with many countries, and some include provisions that reduce or exempt certain income for students, trainees or researchers. Whether you qualify depends on the treaty, the type of income and how long you have been in the US. IRS Publication 901 lists treaty rules. If you may qualify, your employer may ask you to complete a Form W-8BEN. Do not assume you are covered. Check the specific article for your country.

Social Security and Medicare (FICA) Taxes

Nonresident F-1 students working on campus, or on OPT, are generally exempt from Social Security and Medicare taxes while they remain nonresidents for tax purposes. If your paycheck shows these deductions, ask your employer's payroll office to check your status. If they do not correct it, you can claim the refund from the IRS. Rules for J-1 and for students who become resident aliens differ, so confirm your status first.

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Why It Matters for Your Immigration Record

Tax compliance can come up later when you apply for OPT, an H-1B or a green card. Keeping copies of your tax filings, W-2s, 1042-S forms and Form 8843 each year helps you show that you followed the rules. If you are working on campus or planning to work, read our guides to part-time work for F-1 students and OPT and CPT.

If you are setting up money matters in the US, our guide to banking and credit for international students explains the difference between an SSN and an ITIN.

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Common Mistakes

  1. Not filing Form 8843 because “I had no income”.
  2. Using standard resident tax software that prepares the wrong form (Form 1040 instead of Form 1040-NR).
  3. Counting 12-month periods instead of calendar years when calculating the five-year exempt period.
  4. Missing the deadline and ignoring letters because you have left the US or moved.
  5. Paying anyone who contacts you claiming to be from the IRS. The IRS does not demand payment by phone, text or email.
  6. Assuming a tax treaty applies without checking the article and conditions.
  7. Throwing away tax documents. Keep them for several years.

FAQ

Do I have to file US taxes as an international student?

If you were in the US on an F-1 visa, you are generally expected to file Form 8843 even with no income. If you had US-source income, you usually need to file Form 1040-NR as well.

Is Form 8843 the same as a tax return?

No. It is an information statement for exempt individuals and does not calculate any tax owed.

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Can I file Form 8843 online?

No. The IRS does not offer online filing for this form, so you need to mail it.

What is the deadline for Form 8843?

If you attach it to a Form 1040-NR, it is due with the return. If you have no return to file, the usual date is June 15. Always check the current instructions.

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Do F-1 students pay Social Security tax?

Generally no, while they are nonresidents for tax purposes. If it is withheld in error, ask your employer to correct it.

I was in the US for more than five years. What now?

You may have become a resident for tax purposes and need to file as a resident. Speak to a qualified tax adviser before filing.

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Practical Tips

  1. Ask your international student office each January what tax help the school provides.
  2. Collect your W-2, 1042-S and any stipend or fellowship statements before you start.
  3. Keep a list of the dates you entered and left the US.
  4. File your return even if you expect a refund, and do it early.
  5. Use official IRS sources such as the IRS Form 8843 page and be wary of unofficial advice in student groups.
  6. Ask a qualified tax professional if your situation is complicated, for example if you have investment income or became a resident.

This is general information, not tax or legal advice. Tax rules and deadlines change. Confirm them at irs.gov or with a qualified tax professional.