International Students: Tax Returns And You

can international student apply for tax return

International students in the US are required to file a tax return each year, even if they do not have a US source of income. This is a federal requirement and must be completed by the deadline, which is usually in April, or this could result in problems with or a revocation of your visa, as well as possible ineligibility for a green card. International students are considered non-residents for tax purposes and are required to pay federal and state income taxes. There are various online resources and software to help international students with their tax returns, and they can also reach out to their university campus advisors and speak with other international students for help.

Characteristics Values
Who needs to file a tax return? All international students and their spouses and dependents, regardless of income, must complete Form 8843.
Who is exempt from filing a tax return? Nonresident alien students and scholars who have income only from specific sources, such as U.S. savings and loan institutions, credit unions, insurance companies, certain scholarships or fellowship grants, or other nontaxable income under the Internal Revenue Code.
What is the deadline for filing? The deadline is usually in mid-April of each year, covering the previous calendar year from January 1 to December 31. For 2023, the deadline was April 18.
What forms are required? Form 8843, and possibly Form 1040-NR or Form 1040NR-EZ if income was earned.
Where can international students get help? University campus advisors, tax professionals, online resources, and tax preparation software like Sprintax.
What are the consequences of not filing? Complications with future visa applications and possible ineligibility for a Green Card.
Are there any tax refunds available for international students? Yes, international students may be able to claim tax refunds, especially if their scholarship is covered by a tax treaty.

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F-1 visa holders and tax returns

International students in the United States on an F-1 visa are required to file a US tax return, even if they do not work during their studies. F-1 students are considered nonresident aliens for tax purposes and are taxed in the same way. They will be taxed only on income from US sources, and they must file a US tax return (Form 1040-NR) for this income.

F-1 students are exempt individuals for the first five calendar years of their time in the US and are not required to pay FICA (Social Security and Medicare) tax. However, if they earn an income from an OPT (Optional Practical Training) programme after graduation, they will be taxed on this income. Students must fill in a W-4 tax form with their employer when they start work.

If an F-1 student's income is covered by a tax treaty, they can claim a tax refund. They can also claim a refund if they have overpaid on their taxes. Students can apply for a FICA refund directly with the IRS.

The process of filing a tax return involves reporting all sources of income to the government, what has already been paid, and what is still owed. It is also an opportunity to claim any deductions or exemptions. At the end of the process, the total amount owed is calculated, and either a refund is given if the taxpayer has overpaid, or the difference is paid if they have underpaid.

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Nonresident alien status

International students with an F-1 visa are considered nonresident aliens for US federal income tax purposes and are taxed accordingly. This means that they are taxed only on income earned in the US from employment or other sources. F-1 visa holders are required to file a US tax return (Form 1040-NR) for income from US sources. Additionally, they must fill in a W-4 tax form with their employer when they start working.

Nonresident aliens are individuals who are not US citizens or nationals and have not passed the green card test or the substantial presence test. A nonresident alien is taxed on any income they earn from US sources, which includes wages, salaries, and certain gifts and awards. If a nonresident alien is engaged in a trade or business in the US, they must pay US tax on their effectively connected income, after allowable deductions, at the same rates as US citizens and residents. If they are not engaged in a trade or business, their income is taxed at a flat rate of 30% (or a lower treaty rate), and no deductions are allowed.

F-1 visa holders are typically considered nonresident aliens during their first five calendar years in the US. After this period, they may be considered resident aliens for tax purposes if they meet the substantial presence test. This test requires an individual to be physically present in the US for at least 183 days during the three-year period that includes the current calendar year and the two preceding years.

It is important to note that international students must file their tax returns each year, usually by mid-April. They may need to file Form 8843 and Form 1040-NR if they have received income in the previous calendar year. Additionally, international students can claim tax refunds from the US if they are eligible. Proper tax filings are crucial as they can significantly impact future Green Card and visa applications.

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Taxable income

As an international student in the US, you are required to file a tax return each year. This is the same for all F-1 visa holders, even if you are not working while studying. If you have received any income in the last calendar year, you will need to file Form 8843 and most likely Form 1040-NR.

If you are earning money from OPT (a program that allows international students to work in the US after graduation), you will be taxed on this income. You will also be taxed on any income from internships or Curricular Practical Training (CPT) positions.

If you are earning money from donating plasma, this is also considered taxable income and will need to be reported when filing your US nonresident tax return (1040-NR).

If you have a taxable scholarship or fellowship grant, you will need to report this on your US income tax return. If you are a nonresident alien, you may not need to pay tax on this income, but you will still need to report it.

If you are earning money from self-employment, this will be subject to US income tax if you violate your nonimmigrant status. Once you become a resident alien, you will also be liable for self-employment tax.

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Tax exemptions

International students in the US on an F-1 visa are considered nonresident aliens for tax purposes for the first five calendar years of their stay. After this period, they may be considered 'resident aliens' for tax purposes if they meet the 'Substantial Presence Test' and are liable for Social Security and Medicare taxes. However, certain classes of alien employees are exempt from Social Security and Medicare taxes.

The US has income tax treaties with 65 countries. These treaties can often reduce or eliminate US taxes on various types of income, such as pensions, interest, dividends, royalties, and capital gains. International students can benefit from these tax treaties, which may result in a reduced tax rate or full exemption from US taxes on certain types of income.

F-1 visa holders are generally exempt from FICA taxes on wages for services performed within the US during the five-year exemption period. Additionally, students employed by a school, college, or university where they are enrolled at least half-time are exempt from Social Security and Medicare taxes under Section 3121(b)(10) of the Internal Revenue Code.

Nonresident alien students are not required to file a tax return if their only income is from a tax-free scholarship or fellowship grant, US savings and loan institutions, US credit unions, US insurance companies, or investments that generate portfolio interest. However, any income that is exempt from tax due to an income tax treaty must still be reported on a US income tax return, even if no tax is due.

It is important to note that the tax laws and exemptions may vary depending on the specific state and local regulations, and international students should consult with a tax professional or their university's resources for personalised advice.

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Tax refunds

International students in the US are required to file a tax return each year, even if they have no income to report. This applies to all international students inside the US, along with their spouses and dependents. The purpose of filing a tax return is to report your sources of income, what you have paid, and what you owe. If you have overpaid, you will be refunded.

F-1 Visas

Most international students in the US are on F-1 visas and are considered nonresident aliens for tax purposes. F-1 students are exempt from paying FICA (Social Security and Medicare) and are not required to pay federal income tax. However, they are required to file a US tax return (Form 1040-NR) for income from US sources. They must also fill in a W-4 tax form with their employer when they start work.

Tax Treaties

Some countries have tax treaties with the US, which means that students from these countries may be able to claim a tax refund on their scholarships.

State Tax

In addition to federal income tax, most states in the US collect state income tax. Tax rates and deductions differ for each state, so the amount you will pay depends on where you are. International students may have to file a state tax return and pay state income tax, even when no federal return is due. Nine states do not have any tax-filing requirements.

Social Security Numbers and Tax Identification Numbers

When filing a tax return, Americans use their Social Security Number (SSN) on various forms. As an international student, you may need an SSN too. You must apply for one if you have worked in the US and received taxable compensation. If you are not eligible for an SSN, you must apply for an Individual Tax Identification Number (ITIN) from the IRS to use on forms.

Frequently asked questions

Yes, international students in the US are required to file a tax return each year, even if they have no income.

All international students and their spouses and dependents, regardless of income, must complete Form 8843. If you have received income in the last calendar year, you will also need to file Form 1040-NR.

International students are required to pay federal and state income taxes. However, students with F-1 visas are not required to pay employment taxes such as Social Security and Medicare (FICA).

Yes, many F-1 international students can claim tax refunds from the US. For example, if a student's scholarship is covered by a tax treaty, they could be able to claim a refund.

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