
International students in the US are required to file a tax return as a condition of their visa, but not all will pay taxes to the American government. Nonresident aliens, which include most international students on F-1, J-1, or M-1 visas, are not eligible for tax credits and generally do not need to use Form 1098-T when filing their taxes. However, international students can benefit from tax treaties with their home countries, and the US has income tax treaties with 65 countries. Under these treaties, residents of foreign countries may be eligible for reduced or eliminated taxes on various types of income. F-1 visa students are generally exempt from FICA taxes on wages and from social security and Medicare taxes. If an international student has had social security or Medicare taxes withheld in error, they can contact their employer for a refund or file a claim with the IRS.
Can International Students Claim Tax Back?
Characteristics | Values |
---|---|
Who is eligible for a tax refund? | International students on F-1, J-1, M-1, and Q visas who engage in practical training and earn income. |
Who is not eligible for a tax refund? | Nonresident aliens, including most international students on F-1 or J-1 visas, are not eligible for educational tax credits. |
What is the process of filing for a tax refund? | International students can file their tax returns directly with the IRS or enlist the help of a tax agent, accountant, or online tax preparation services like Sprintax and TurboTax. |
What forms are required? | Form 1040-NR (federal tax return), Form 8843, W-7 ITIN application, W-2’s, 1099’s, and 1042-S’s. |
When is the deadline for filing taxes? | April 15, 2025, for the tax year 2024. |
What is the average tax refund amount? | The average refund received by a Sprintax customer is $927. |
Are there any exemptions from taxes for international students? | International students are generally exempt from FICA taxes on wages for up to five years and from Social Security and Medicare taxes if they meet certain criteria. |
What is the purpose of filing a tax return? | To report income sources, claim deductions or exemptions, and fulfill visa obligations. |
What You'll Learn
- International students with F-1, J-1, M-1 or Q visas can claim tax refunds
- Nonresident aliens are liable for Social Security and Medicare Taxes
- International students can benefit from tax treaties with their home country
- International students must file a tax return as a visa condition, but may not pay taxes
- International students can file their tax return themselves or with a tax agent
International students with F-1, J-1, M-1 or Q visas can claim tax refunds
International students with F-1, J-1, M-1, or Q visas can earn income by engaging in practical training. While international students are generally considered nonresident aliens, they may still be required to file taxes. However, they can also benefit from tax treaties that the US has with 65 countries, which may allow them to be taxed at a reduced rate or be exempt from US taxes.
F-1 students, for example, are exempt from FICA taxes on wages for services performed in the US. They are also exempt from social security and Medicare taxes. Additionally, F-1 students can claim a tax treaty, which may reduce or fully exempt their income from taxes. In such cases, the overpaid amount will be refunded.
J-1, M-1, and Q visa holders are also considered nonresident aliens and are generally exempt from social security and Medicare taxes. If you are on one of these visas and have had social security or Medicare taxes withheld from your pay, you can request a refund from your employer. If you are unable to get a full refund from your employer, you can file a claim for a refund with the Internal Revenue Service (IRS) using Form 843 and Form 8316.
It is important to note that each state has its own tax system and regulations, so you may need to file a state tax return and pay state income tax even if you do not owe federal taxes. Additionally, while some international students choose to use TurboTax to manage their tax returns, it is important to be cautious as TurboTax is a service for residents. Using it may result in filing as a resident, leading to inaccuracies and potential fines or penalties. Instead, international students can use services like Sprintax, which specializes in nonresident tax returns.
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Nonresident aliens are liable for Social Security and Medicare Taxes
International students in the US on F-1 visas are typically considered nonresident aliens by the IRS. Nonresident aliens are generally liable for Social Security and Medicare taxes on wages paid to them for services performed in the US, with certain exceptions based on their nonimmigrant status.
Foreign students on F-1 visas are exempt from Social Security and Medicare taxes on wages paid to them for services performed within the US, as long as the services are allowed by the United States Citizenship and Immigration Services (USCIS) and are performed to carry out the purposes for which they were admitted into the US. This exemption from FICA taxes (which include Social Security and Medicare taxes) is valid for up to five years from the date of their arrival in the US.
However, there are certain scenarios where nonresident aliens may become liable for Social Security and Medicare taxes. NRA scholars, trainees, teachers, or researchers in J-1 or Q-1 status who change to a nonimmigrant status other than J-1 or Q-1 will generally become liable for Social Security and Medicare taxes from the day their status changes. Teachers, trainees, and researchers in H-1b status, and alien nurses in H-1a or H-1c status, are liable for these taxes from the first day of US employment, regardless of their residency status or tax treaty protections. Additionally, the spouses and dependents of NRA scholars, trainees, teachers, or researchers temporarily in the US on J-2 visas are fully liable for Social Security and Medicare taxes on any wages they earn in the US, unless they are employed in a role that is exempt from these taxes.
It is important to note that each state in the US has its own tax system and regulations, which may require foreign students to file a state tax return and pay state income tax even when no federal return is due. International students can seek assistance from specialised services like Sprintax to navigate their tax obligations and determine if they are due a tax refund.
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International students can benefit from tax treaties with their home country
International students on F-1 visas are considered nonresident aliens for tax purposes for the first five calendar years of their stay in the US. Most F-1 students are not required to pay FICA tax unless they were in the US for more than 5 years. If you are an international student on an F-1 visa, you will need to file Form 1040-NR (federal tax return) to assess your federal income and taxes. Even if you didn't earn money during your time in the US, you will still need to file Form 8843 with the IRS by the deadline.
International students can also file their tax returns directly with the IRS. However, many F-1 international students find the prospect of filing US tax documents daunting and enlist the help of a tax agent or accountant. It is important to be careful when choosing who to assist you with your taxes. Many international students choose TurboTax to manage their tax returns, but TurboTax is a service for US residents. While TurboTax offers a fantastic product that helps millions of US residents prepare their taxes and claim refunds, their offering can only be used by US residents. If you do use TurboTax to file your US taxes, you will be filing as a resident, and you may be subject to fines and penalties. Sprintax is the nonresident partner of choice for TurboTax.
International students can also claim a tax refund on their scholarship if it is completely or partially covered by a tax treaty. If social security or Medicare taxes were withheld in error from pay that is not subject to these taxes, contact the employer who withheld the taxes for a refund. If you are unable to get a full refund from your employer, file a claim for a refund. You can apply for your FICA refund directly with the IRS, or with the help of Sprintax!
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International students must file a tax return as a visa condition, but may not pay taxes
International students in the US on F-1, J-1, M-1, or Q visas may need to file a tax return, even if they have no income or their income is not taxable. This is a requirement of their visa. However, international students may not need to pay taxes to the US government, as they may be entitled to benefits and exemptions.
International students are considered nonresident aliens by the IRS and are therefore not eligible for standard deductions. However, they may be eligible for tax treaty benefits with their home country, which could reduce their tax rate or exempt them from US taxes. To claim a tax treaty benefit, students must be nonresidents for tax purposes. This is different from their immigration status.
International students with F-1 visas are generally exempt from FICA taxes on wages for services performed within the US. This exemption lasts for five years from their arrival in the US. F-1 students will need to file Form 1040-NR (federal tax return) to assess their federal income and taxes. Even if they do not earn money during their time in the US, they will need to file Form 8843 with the IRS. This form is due on April 15, 2025.
International students with F-1, J-1, M-1, or Q visas who engage in practical training and earn income may be able to claim tax refunds from the US. Students may be eligible for a refund due to tax treaties and a lack of serious income. They may also be able to claim a refund on their scholarship if it is completely or partially covered by a tax treaty. If social security or Medicare taxes were withheld in error, students can contact their employer for a refund. If they are unable to get a full refund from their employer, they can file a claim for a refund with the IRS.
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International students can file their tax return themselves or with a tax agent
International students in the US on F-1, J-1, M-1, or Q visas may engage in practical training and earn an income. If you are an international student in this situation, you will need to file a tax return.
International students are considered nonresident aliens for tax purposes and are taxed only on US-source income. Nonresident aliens cannot claim the standard deduction. However, there is a special rule for certain nonresident aliens from India, who can claim it under Article 21 of the US-India Income Tax Treaty. A special rule also applies to students and business apprentices eligible for the benefits outlined in Article 21(2) of the United States–India Income Tax Treaty. They can claim the standard deduction, provided they do not claim itemized deductions.
International students can benefit from a tax treaty with their home country. The US has income tax treaties with 65 countries, and residents of these countries may be eligible to be taxed at a reduced rate or be exempt from US taxes. International students can file their tax returns themselves directly with the IRS. However, many international students find the prospect of filing US tax documents daunting and choose to enlist the help of a tax agent or accountant. It is important to be careful when choosing who to assist you with your taxes. For example, TurboTax is a service for US residents, and using it to file your US taxes will result in an inaccurate filing, as you will be filing as a resident. This may result in fines and penalties. A better option is to use Sprintax, the nonresident partner of choice for Turbo Tax. Sprintax offers 24-hour support to students via their Live Chat facility.
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Frequently asked questions
Yes, every international student is required to file a tax return as a condition of their visa. However, not all students will pay taxes to the American government.
You can file your tax return yourself directly with the IRS, or you can enlist the help of a tax agent or accountant. If you are an F-1 student, you will need to file Form 1040-NR (federal tax return) to assess your federal income and taxes. Even if you did not earn money, you will still need to file Form 8843 with the IRS.
Yes, many international students can claim tax refunds from the US. For example, if you are an F-1 student, you may be able to claim a tax refund on your scholarship if it is covered by a tax treaty.
This depends on your residency status and whether you made US source income in the previous calendar year. Nonresident aliens, in general, are liable for Social Security and Medicare Taxes on wages paid to them for services performed in the US.