OfficialIRS — Substantial Presence Test · Last verified
Are you a resident for tax purposes? The substantial presence test
Tax residency is not the same thing as immigration status. The Internal Revenue Service applies its own test, and F and J visa holders have an exemption that runs out.
The test itself
You are a resident for federal tax purposes if you are physically present in the United States for at least 31 days during the current year and 183 days over the three-year period made up of the current year, one third of the days in the year before, and one sixth of the days in the year before that.
Source: IRS — Substantial Presence Test · in effect from 1984-01-01
Exempt individuals
Days do not count while you are an exempt individual. A student temporarily present on an F, J, M or Q visa is generally an exempt individual for five calendar years. A teacher or trainee on a J or Q visa is generally exempt for two of the previous six years. Exempt means exempt from counting days, not exempt from filing.
Source: IRS — Substantial Presence Test · in effect from 1984-01-01
It changes which form you file
Residents for tax purposes file Form 1040. Nonresident aliens file Form 1040-NR and are taxed only on U.S.-source income. Getting this wrong in either direction causes problems that surface years later, so check the test for each tax year rather than assuming last year's answer still holds.
Source: IRS — Substantial Presence Test · in effect from 1984-01-01
Official
Frequently asked questions
- I am on an F-1. Am I a tax resident?
- Generally not for your first five calendar years, because a student on an F visa is an exempt individual whose days do not count toward the substantial presence test. After that the test applies normally.
- Does being a tax resident change my immigration status?
- No. Tax residency and immigration status are separate. The IRS test decides which tax form you file, nothing more.