F1 visa, use resident status for tax purpose to report on 1040

Forum|Forum|3 years ago
February 8, 2023
1 reply
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I arrived US with a F1 student visa on 8/2/2012. I was in and out for 2 months back to China every year between 2013-2019, but I stayed in US whole year during 2020, 2021 and 2022. I had rental income in 2022, I wanted to see if I can report the rental income on 2022 Form 1040, it seems like I qualify for the substantial presence test to report as a resident for tax purpose. I never file a tax return before because I don't have a job. Please advise, thank you!

MinhT1

As you have been in the US on a F1 visa, you are considered a resident alien for tax purposes if you satisfy the Substantial presence test. As you stayed in the US the whole year during 2020, 2021 and 2022, you have satisfied the Substantial Presence test for tax year 2022 and are a resident alien. You can use TurboTax to file your tax return (form 1040).

As you have rental income, please follow the instructions in this TurboTax Help article to enter your rental income and expenses.

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Sdy2023

Thank you for your quick reply.

Also I have a question for my mom, she did not have any income in 2022 but she has to report foreign asset. Is she only required to file FINCEN - FBAR online? Does she also need to file Form 8938 as well?

DaveF1006

It depends. If your mother has foreign assets that total more than $10,000, then she would need a file an FBAR. In addition, if her foreign assets total more than $50,000 on December 31 of the tax year, an 8938 would need to be filed as well.

@Sdy2023

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