Nonresident & ITIN
Form 1040-NR vs Form 1040: Crucial Rules for International Students & Scholars
February 18, 2024
Maple Tax Team
6 min read
International students on F-1 visas and exchange scholars on J-1 visas are classified as 'exempt individuals' under the Substantial Presence Test for their first 5 calendar years in the U.S. This means you must file Form 1040-NR rather than the standard Form 1040.
Common Nonresident Tax Pitfalls:
- Filing standard Form 1040 using retail commercial software (e.g. TurboTax) that does not support nonresident returns.
- Failing to submit mandatory Form 8843 even with zero U.S. earnings.
- Overlooking bilateral tax treaty benefits that exempt up to thousands of dollars in wage or fellowship income.
- Paying FICA taxes that you are legally exempt from paying.