Janice Lozano
As an international student in the U.S., you will be required to file some tax forms every year by the established tax deadline. If you are a non-resident for Pennsylvania state tax purposes, you must file a Pennsylvania state tax return on Form PA-40 if you earned more than the stated minimum in Pennsylvania taxable income for the year, even if no tax is due. This is separate from your federal tax return. You are usually considered a non-resident for Pennsylvania state tax purposes if you were a full-time student for the past tax year. To prepare your tax filings, you can use Sprintax, which is a platform that assists international students and scholars with U.S. tax filing.
| Characteristics | Values |
|---|---|
| Who needs to file taxes? | International students in the U.S. are required to file tax forms every year. |
| Who is considered a non-resident for Pennsylvania state tax purposes? | Those on F1 and J1 visas are automatically considered non-residents for their first 5 calendar years in the US. |
| What form do non-residents need to file? | Form PA-40. |
| When is the deadline for filing? | April 15, 2025, or the next business day if it falls on a weekend or holiday. |
| Are there any penalties for non-compliance? | Yes, failure to file can lead to penalties, fines, and complications when applying for U.S. visas in the future. |
| Are there any resources to help with filing? | Yes, Sprintax offers easy-to-use tax preparation software designed for non-resident students and scholars in the U.S. |
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What You'll Learn
Non-resident status
As an international student in the U.S., you will be required to file some tax forms every year by the established tax deadline. Your tax obligation may match that of U.S. citizens, or you may have different rules. For instance, international undergraduate students on J1 and F1 visas are automatically considered non-residents for their first 5 calendar years in the US. Scholars/Researchers on J visas are automatically considered non-residents for 2 out of their last 6 calendar years in the US. If you've been in the US for longer than these periods, the Substantial Presence Test will determine your tax residency.
If you are a non-resident for Pennsylvania state tax purposes, you must file a Pennsylvania state tax return on Form PA-40 if you earned more than the stated minimum in Pennsylvania taxable income for the year, even if no tax is due. You are usually considered a non-resident for Pennsylvania state tax purposes if you were a full-time student for the past tax year. You are usually considered a resident for Pennsylvania state tax purposes only if you were in Pennsylvania for more than 183 days in the calendar year (other than as a student) and you've established a domicile in Pennsylvania. Federal tax treaty benefits do not apply to Pennsylvania taxes.
If you were physically in the U.S. in F or J status anytime between January 1 and December 31 of the tax year, you are obligated to submit Form 8843 to the Internal Revenue Service (IRS), even if you had no income. Depending on your individual circumstances, you may also need to file a state tax return. If you earn $1 of U.S. source income or more, you may need to file a federal tax return with the IRS.
Remember, failure to file can lead to penalties and fines, as well as complications when applying for U.S. visas in the future. International Student & Scholar Services (ISSS) and the school are not permitted to assist any student/scholar with any IRS tax form preparation or tax-related questions. However, you can refer to the recording of the tax webinar hosted by Sprintax, a certified tax preparer, or a local IRS field office for more information.
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Tax forms and deadlines
As an international student in the U.S., you will be required to file some tax forms every year by the established tax deadline. In some cases, your tax obligation will be the same as that of U.S. citizens, and in other cases, you will have different rules. F-1 and J-1 students will receive email instructions regarding filing taxes.
International undergraduate students on J1 and F1 visas are automatically considered non-residents for their first five calendar years in the U.S. If you are a non-resident for Pennsylvania state tax purposes, you must file a Pennsylvania state tax return on Form PA-40 if you earned more than the stated minimum in Pennsylvania taxable income for the year, even if no tax is due.
The tax deadline for filing your Pennsylvania state tax return is usually April 15 or the next business day if April 15 falls on a weekend or a holiday. A late filing can result in penalties and interest.
If you were physically in the U.S. in F or J status anytime between January 1 and December 31, 2024, you are obligated to submit Form 8843 to the Internal Revenue Service (IRS), even if you had no income. If you earn $1 of U.S. source income or more, you may need to file a federal tax return with the IRS. Depending on your individual circumstances, you may also need to file a state tax return.
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Tax treaties
International students in Pennsylvania are generally considered non-residents for tax purposes. If you're a non-resident for Pennsylvania state tax purposes, you must file a Pennsylvania state tax return on Form PA-40 if you earned more than the stated minimum in taxable income for the year, even if no tax is due.
International students on F1 and J1 visas are automatically considered non-residents for their first five calendar years in the US. Scholars and researchers on J visas are considered non-residents for two out of the last six calendar years. If you've been in the US for longer than these periods, the Substantial Presence Test will determine your tax residency.
If you're a non-resident alien and received income in the US during 2024, you must file Form 1040NR, even if your income is exempt from US tax under a tax treaty. However, you do not need to file Form 1040NR if you were a non-resident alien student temporarily present in the US under an "F," "J," "M," or "Q" visa with no US source income.
As an international student, it's important to note that a portion of the grant funding you receive may be subject to US taxes. Any scholarship funding beyond tuition, fees, and the allowance for books/supplies is considered taxable income by the US government. The amount of tax withheld may vary depending on your tax status and any existing tax treaties between the US and your home country. For example, if you signed a treaty, you will receive Form 1042-S, Foreign Person's US Source Income Subject to Withholding.
If you need to file a federal income tax return, organisations like Lehigh University's OISS have partnered with groups like the NonResident Tax Help Group (NoRTH) and the Nonresident Volunteer Tax Assistance Program (NRVTAP) to offer free tax assistance to international students.
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Tax evasion penalties
International students in Pennsylvania are usually considered non-residents for state tax purposes if they were full-time students in the past tax year. However, they must still file a Pennsylvania state tax return on Form PA-40 if they earned above a certain minimum income in Pennsylvania during the year, even if no tax is due. International students on F1 and J1 visas are automatically considered non-residents for their first five calendar years in the US.
In Pennsylvania, tax evasion is considered a serious crime that carries steep penalties and repercussions. Tax evasion involves intentional conduct to defeat income tax laws and cheat the government out of tax revenue. It is a felony, with a maximum sentence of five years in prison and a $100,000 fine if one is found guilty. Even if all taxes have been paid, one can still be charged with failure to file a tax return if they do not meet their legal obligation to do so. This is considered a misdemeanour and can result in up to one year in jail and/or a $25,000 fine for each year not filed.
If you are an international student in Pennsylvania and have concerns about your tax obligations or potential evasion, it is important to seek guidance from a certified tax preparer or a local IRS field office. Additionally, you may utilise resources such as Sprintax, which offers easy-to-use tax preparation software designed for non-resident students. Remember that failure to comply with tax requirements can lead to penalties, fines, and future complications with US visa applications.
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Tax software
As an international student in the U.S., you will be required to file some tax forms every year by the established tax deadline. In some cases, your tax obligation will mirror that of U.S. citizens, but there are also different rules that apply specifically to international students.
If you are a non-resident for Pennsylvania state tax purposes, you must file a Pennsylvania state tax return on Form PA-40 if you earned more than the stated minimum in Pennsylvania taxable income for the year, even if no tax is due. You are usually considered a non-resident if you were a full-time student for the past tax year.
There are several tax software options available to help you file your taxes as an international student in Pennsylvania. Here are some of the most commonly used software programs:
- Sprintax: Sprintax is a popular tax preparation software designed specifically for non-resident international students and scholars in the U.S. It offers a simple process by asking a series of questions about your time in the United States and your immigration status. Based on your responses, Sprintax will determine your tax status and generate the necessary forms for you to print, sign, and mail to the IRS. Sprintax also provides assistance in obtaining an ITIN (Individual Taxpayer Identification Number). The University of Pennsylvania and other institutions have partnered with Sprintax to provide easy-to-use tax filing solutions for their international students and scholars.
- NonResident Tax Help Group (NoRTH): Lehigh University's Office of International Students and Scholars (OISS) has partnered with NoRTH to offer free tax assistance to its international students. By signing up with your school email, you gain access to their tax software, tools, guides, and support for preparing and filing federal and state tax returns.
- Nonresident Volunteer Tax Assistance Program (NRVTAP): Lehigh University's OISS also collaborates with NRVTAP to provide complimentary tax assistance to international students. Through this program, you can access resources and guidance for navigating the tax filing process.
These software programs are designed to simplify the tax filing process for international students and ensure that you meet your tax obligations. They take into account your specific circumstances, such as your visa status and income sources, to help you comply with U.S. tax laws accurately and efficiently.
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Frequently asked questions
Yes, international students are required to file some tax forms every year by the established tax deadline.
The deadline for filing your Pennsylvania state tax return is usually April 15. If April 15 falls on a Saturday or Sunday, the deadline is pushed to the next business day.
If you are a non-resident for Pennsylvania state tax purposes, you must file a Pennsylvania state tax return on Form PA-40 if you earned more than the stated minimum in Pennsylvania taxable income for the year, even if no tax is due.
You are usually considered a non-resident for Pennsylvania state tax purposes if you were a full-time student for the past tax year. You are usually considered a resident for Pennsylvania state tax purposes ONLY if you were in Pennsylvania more than 183 days in the calendar year (other than as a student) AND you’ve established a domicile in Pennsylvania.
