Tax Treaty for international students (F1)

Hi, I'm an international student (F1), so I'm opting to use sprintax because that's the e-file tool for non-residents. While filling out the forms on sprintax it notified me that due to the tax treaty between the US and my home country that I have the " right under US and [my-home-country] file your tax return as a resident of US which will allow you to use all deductions, tax credits and benefits available for US residents ". Since the tax treaty allows me to file as a resident, does this mean I can use turbotax? I ask this because when I opt to move forward with the tax treaty benefits on sprintax it says that " Sprintax software isn't suitable for you and your tax return should be prepared offline". Looking forward to a response

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Tax Treaty for international students (F1)

It depends. According to the IRS, foreign students temporarily present in the United States in F-1, J-1, or M-1, status for less than 5 calendar years are generally nonresident aliens under residency rules of IRC section 7701(b). Please refer to this IRS publication for further details. F-1 Teachers or trainees have a two-year exemption period before being able to file as a resident alien provided they meet the terms of the Substantial Presence Test or Green Card Test.

In this case, you are exempt from filing US taxes thus would file as s non-resident. This exemption is not a choice but is automatic for this type of a Visa. A teacher or researcher have a two-year exemption period before they can be resident alien.

When you filed with Sprintax, it may have not taken your F-1 status into consideration. You may wish to contact them and talk to a live customer service agent that can be of further assistance.

I read the Jamaica/US tax treaty and i could not find any reference regarding student visa holders so for now, we must rely on the IRS rules regarding F1 Visa holders.

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