Tax Information

Tax Information

International students in F, J, and M visa status are required to file certain documents to U.S. Treasury Department during the tax return season, even though they do not have any U.S. based income. If you were in the U.S. for any part of calendar year 2010, you must file certain forms. This is true, even if you arrived on December 31st, 2010.

There is a great link posted by University of Texas at Austin, which explains who must file which form.

List of Student Groups

1. Students who were in the U.S. during the year 2010 (even for one day) and did not have any U.S. based income (on-campus employment, OPT, scholarships, etc.)

2. Students who were in the U.S. during the year 2010 and earned less than $3630 (on-campus employment, OPT, etc.)

3. Students who were in the U.S. during the year 2010 and earned more than $3650 (on-campus employment, OPT, etc)

4. Students who were in the U.S. during the year 2010 and have been in the U.S. for more than 5 calendar years

If you are in the 1st or 2nd group, all you need to do is to complete form 8843.

If you are in the 3rd group, you need to complete form 1040 NR or 1040 NR-EZ.

If you are in the 4th group, you may need to complete form 1040 or 1040EZ.

Students in the 3rd and 4th groups are recommended to seek assistance from professional tax return firms or from the Internal Revenue Service office (1 Civic Center Drive, San Marcos, CA 92069; 760-736-7355).

Students in the first and second groups can refer to the following information on how to complete the form 8843:

1. Print your first (given) and last (family) name.

2. If you already have a social security number or ITIN (individual taxpayer identification number), print the number.

3. Print your home address (in your home country).

4. Print your local address (in the United States).

Part I. General Information

1a. Print the type of visa (F1, J1, B1/B2, etc.) you have and the date you entered the United States - the very first date you entered the U.S.

1b. Print your current current visa status (F-1). If you had your visa status changed to F1 from other visa classification (B1/B2 to F-1, etc.), print the approval date also (refer to your new I-94 card and I-20 form).

2. Print the country of your citizenship.

3a. Print the country which issued your passport (your home country).

3b. Print your passport number (on your passport identification page).

4a. You need to look at your passport pages and count the total number of days you lived in the U.S. during the year 2010, 2009 and 2008.

4b. Print the same number of days you have for 2010 in 4a.

Part II - skip this area.

Part III

9 and 10. Already filled out for your convenience.

11. If you were in the United States during the years 2004, 2005, 2006, 2007 and 2009, enter the type of visa you had during that time (F-1, B1/B2, J-1, H-4, etc.).

12 - 14. Answer yes or no.

Part IV & V - skip

At the bottom of page 2, make sure to sign your name and print the date. When you have completed the form, mail it to the following address:

Department of the Treasury, International Revenue Service Center, Austin, TX 77301-0215

If you are only completing the form 8843, you have until June 15th to mail the form.

Penalties for non-compliance: students often ask us what would happen if they don't comply with this requirement. Well, in the event you would be applying for adjustment of status to permanent residency (green card), the U.S. Citizenship and Immigration Services may ask you for evidence of complying with all the U.S. laws. If you haven't filed the required tax documents, your adjustment of status application may be negatively affected.

Please be informed that staff of the Office of International Education cannot provide any assistance in completing forms above.

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