Get Even More Visitors To Your Blog, Upgrade To A Business Listing >>

How To Handle Taxes With An F-1 Visa

You are working in the United States and life is good! You received your F1 Visa and have the student status or job you always wanted.

You want to now make sure you take care of any f1 visa taxes you owe. Because you understand how important it is to keep your legal status.

As an f1 student or worker, you are exempt from a couple of taxes. F1 visa holders are in the United States on a temporary basis.

As such, you are exempt from FICA taxes on wages paid to you for services performed within the United States.

This exemption happens if the job services you perform are allowed by U.S. Citizenship and Immigration Services (USCIS).

FICA stands for the Federal Insurance Contribution Act tax. The Federal Insurance Contribution tax was passed in 1935 to help fund Social Security.

Since you are not here on a permanent basis, the United States government considers you exempt from FICA taxes most of the time.

However, there are limits to your FICA exemption which we will go over in this guide. We are also providing other relevant information about f1 visa taxes.

In addition, every f1 visa holder is required to file a tax return as a condition of your visa staying in good standing. There are no exemptions on this requirement.

We are a premier tax attorney firm. Our objective is to provide tax information to all who may have questions about their taxes in an easy-to-read and fact-based format.

F-1 Visa Tax Exemptions 

Many F-1 students think they are exempt from paying all taxes. That is incorrect information. It can result in many IRS actions which cost you money in penalties and fees.

If you are an F-1 worker and are in a job where you have a taxable income you will have to pay taxes in some cases.

Your tax filings are always mandatory. You will file your tax forms with the IRS regardless of how much tax obligation you owe.

If you are an F-1 student you are required to file a tax return as a condition of your F-1 student visa.

However, even if the tax filing itself is mandatory, you may not have to pay taxes on anything. 

But that doesn’t mean you can skip the process of filing your tax return each year you are here. 

There are no exceptions or exemptions from filing your tax return every year. F-1 students and their dependents who maintain their nonresident alien status for tax purposes are required to submit Form 8843 to the IRS.

It doesn’t matter if you earned any taxable income or not. You still have to report this through Form 8843 to the IRS every tax year. 

It is possible as an F1-student that with all the benefits and exemptions allowed for you based on your status, you will not owe anything.

There are times, you may even be entitled to a refund check from the IRS.

What Are the F-1 Visa Tax Exemptions?

F-1 visa holders have a non-immigrant status which is why they are exempt on FICA taxes on wages paid to them for their work services.

USCIA exempted employment for taxes includes, but is not limited to;

  • If you work as a student up to 20 hours a week on-campus during the school year.
  • If you work on-campus 40 hours a week during summer vacations and breaks from school.
  • You are allowed to work off-campus and still be exempt by USCIS criteria.
  • If you are receiving any practical training on or off campus.
  • If you are working as a professor, teacher or researcher.
  • If you are working as a physician, au pair or summer camp worker.

If you have an F-1 Visa status but have family or dependents with you while you are here there are limitations on your tax exemptions. They include, but are not limited to;

  • You have to pay all taxes including FICA if your spouse or children receive taxable income. 
  • You have to pay all taxes including FICA if you are working in a job or profession which is not allowed by the USCIS.
  • You have to pay all taxes including FICA if there is a change in your immigration status.
  • You have to pay all taxes including FICA is you become a legal resident alien in the United States.

F1 Visa Payroll Taxes

All wage income whether you are an F-1 visa holder or not is subject to three different types of taxes. They are;

  1. Federal Income tax
  2. Social Security Tax (FICA)
  3. Medicare Tax

As an F-1 visa holder, you are exempt from FICA and Medicare payments for a certain period of time.

Many F-1 visa holders get in trouble about taxes because they think taxable income means only money which comes from a job. This is not the case at all.

We provide stellar consulting tax services to make sure tax mistakes are avoided. Our consulting tax services allow you to concentrate on what you are here to do which is learn more and work in your applicable field of interest.

Other Sources of F-1 Taxable Income

There are other sources of taxable income you need to know. They are;

  • Any employment on or off campus. 
  • Any scholarship money you may have received.
  • Any fellowship money you may have received.
  • If you have received honoraria.
  • If you work as a graduate assistant.
  • If you are working in any practical or academic training.

There is even a test to determine if your F-1 visa status meets IRS criteria. It is called the Substantial Presence Test (SPT).

The Substantial Presence Test determines by an IRS formula if you are a non-resident alien for immigration and tax purposes.

Or it can also determine if you have been in the United States long enough to be considered a resident for tax purposes.

But again, it can get confusing because you may be exempted from ever taking the test. Exempt individuals are usually non-resident legal aliens.

However, the non-resident legal alien has to have been in the United States for less than five years.

Tax Deductions for F-1 Students

F-1 Visa students still must file their taxes every tax year. The non-resident series income tax return does not allow any standard deductions.

However, F-1 students are allowed itemized deductions on any state taxes they pay.

There are more instructions about tax deductions for F-1 student when they file the W-4 tax form they received from their employer.

But yet again there are exemptions you need to take note of before you file your W-4 taxes on the 1040 tax form.

The following exemptions are applicable to the non-resident aliens;

  • If the income compensation you were paid is not more than $3000 and you were in the United States for not more than 90 days during the tax year.
  • If you were paid compensation as a regular crew member of a foreign vessel.
  • If you paid compensation as a resident of Canada or Mexico and you were engaged in transportation-related employment.
  • There are certain exemptions available to you if you received your compensation as a resident of American Samoa, Puerto Rico, or the U.S. Virgin Islands.
  • If you received compensation when you worked as a foreign agricultural worker who was temporarily admitted into the United States on H-2A visas.

On top of all the above, there are special exceptions given to citizens or nationals from certain countries. To find out if your country has a tax treaty with the United States look on the IRS website.

F1 Visa Taxes

You now know as an F1 visa holder you have to file tax forms with any payments owed every tax year.

The three types of forms used for your tax filings are;

  1. A 1040NR-EZ (non-resident) form and Form 8843. These are your non-resident income tax return form.
  2. A Form 1040 and a Form 8843 (this may or may not be needed) if you are a resident or exempt.
  3. A Form 8843. This is the form you file whether you have earned any income or owe any f1 visa taxes.

As an F1 visa holder non-resident alien you cannot claim any standard deductions.

Your employer is already aware of this and is instructed to withhold an additional amount from your wages due to this fact in most cases.

What Forms Will you Receive as an F1 Visa Holder?

There are certain income tax forms you are responsible for filing which has dates your employer or income contributor has to legally get them to you. We have listed them below for your use. They are;

  • If you received a salary and/or bonus (e.g. internships) you will receive a W-2 no later than January 31.
  • If you received bank interest, dividends, stock sales, etc. you will receive a Form 1099 no later than February 15.
  • If you received any partnership income (i.e. hedge funds) you will receive a Form K-1 no later than March 15.
  • You may have paid your tuition costs and if so you will receive a Form 1098 no later than January 31.
  • You may be paying student loan interest for a loan you took out for your tuition. You will receive a Form 1098-E no later than January 31.
  • You may also receive a proof of health insurance form 1095 no later than January 31.

Remember if you didn’t earn any income the Forms 1040 or 1040NR do not need to be filled.

But as an F1 visa holder it is mandatory you register the exempt days you received from the Substantial Presence Test on Form 8843.

As we discussed above the Substantial Presence Test determines your days in the United State over a three-year time span. 

If you want to keep your F1 Visa status this testing is vital for any future tax returns you file.

F1 Visa Tax Exemptions

There are some very common mistakes F1 Visa holders make when filing their taxes.

We have learned over the years how costly some of these mistakes were. We helped our clients through our exemplary skills in negotiating with the IRS.

But it is always better to prevent these mistakes from happening in the first place.

In your F1 Visa tax exemption filings, we have listed below some of the common mistakes we have seen over the years.

  • Filing as a resident when you are exempt as an F1 Visa holder. 
    • When you earn income as an F1 visa holder resident and you file your taxes as such you may pay tax money you don’t owe. Or you may receive money back you should not get. So be careful.
  • Completing your W-4 form with the wrong information when you begin a job. This can cause huge problems for yourself by the IRS.
    • It could mean your employer did not withhold enough taxes for you based on the information you gave them.
    • Your employer may take FICA withholding from you when you are exempt.
  • You fill out your Form W-4 wrong and pay the incorrect amount of payroll taxes.
    • This means you are paying FICA taxes on your payroll check. Remember as an F1 visa holder most of the time you are exempt from paying FICA taxes. 
  • Not filing your Form 8843 every tax year.
    • If there is one mistake we see often it is F1 visa holders not filing their Form 8843 with the IRS. This can result in many IRS issues for you.

We are the Best Tax Resource for F1 Visa Holders

We are the best legal tax resource for F1 Visa holders. We make sure you do not have any F1 visa taxes you are not prepared for.

The IRS is not an agency you want attention from. Yet many F1 visa holders don’t use expertise legal tax help when they need it most.

That’s why we are committed to providing you with the information you need to not only file your tax forms but understand them.

The issues we went over above can cause untold penalties and fees you do not have and cannot pay.

We provided this F1 visa tax information guide to make sure this never happens to you.

We also understand you are in the United States to learn, work, and make a difference. You want to be just like everyone else and you are doing a great job.

Don’t let taxes you didn’t pay or know about create a legal whirlwind you feel you cannot escape.

We are here for you and will help walk you through every tax form due based on what F1 visa taxes you owe.

Don’t wait to contact us. We can help you with what taxes you owe. You just keep making a difference to the world. We will handle the rest.

The post How To Handle Taxes With An F-1 Visa appeared first on Silver Tax Group.



This post first appeared on IRS & Tax Questions & Answers, please read the originial post: here

Share the post

How To Handle Taxes With An F-1 Visa

×

Subscribe to Irs & Tax Questions & Answers

Get updates delivered right to your inbox!

Thank you for your subscription

×