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 W7 form correct format
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Posted on 01-28-18 9:32 AM     Reply [Subscribe]
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Hey guys,

I am trying to fill up W7 form for my spouse. I think I know where to find the form and what needs to go in it, but can someone be kind enough to send a correctly done form (with info changed)? Also, If I have not registered my marriage in the state, but have marital status in my University's record, can I fill tax as a single ? I just don't know the pros and cons of filing single vs married. (My spouse is on F2 since august and has never worked in the US).
Thanks in advance!
 
Posted on 01-28-18 10:32 AM     [Snapshot: 40]     Reply [Subscribe]
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If you have not received any source of income you’ll need to file Form 8843.

If you have received income in the last calendar year then you will need to file Form 8843 and most likely Form 1040NR-EZ.
For non-citizen and international students there are no pros and cons filing single or married. Since you cannot claim for
Earned income credit
Child tax credit
Child and dependent care credit
Student loan interest deduction
Elderly and disabled credit
All deductions and credits of every kind relating to education, such as the Hope and Lifetime Learning Credits, student loan interest deduction and tuition and fees deduction
So you can choose either.


 
Posted on 01-28-18 10:53 AM     [Snapshot: 63]     Reply [Subscribe]
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@S001 Thanks for the info. Regarding form 8843, I don't think its applicable to me after reading info below from IRS page:
Who Must File
If you are an alien individual (other than a
foreign government-related individual),
you must file Form 8843 to explain the
basis of your claim that you can exclude
days of presence in the United States for
purposes of the substantial presence
test because you:
• Were an exempt individual, or
• Were unable to leave the United States
because of a medical condition or
medical problem


Any suggestions?

 
Posted on 01-28-18 1:28 PM     [Snapshot: 120]     Reply [Subscribe]
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In the U.S. tax system, foreign nationals are considered either 'non-residents for tax purposes' or 'residents for tax purposes'. Your tax residency status depends on your current immigration status and/or how long you've been in the U.S.

Determining Tax Residency Status
If you are not a U.S. citizen, you are considered a 'non-resident for tax purposes' unless you meet the criteria for one of the following
must be physically present in the United States for at least:

31 days during the current year, and 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
All the days you were present in the current year, and
1/3 of the days you were present in the first year before the current year, and
1/6 of the days you were present in the second year before the current year.
If total equals 183 days or more = Resident for Tax
If total equals 182 days or less = Nonresident for Tax

you must know the number of days you were physically present in the U.S. over the last 3-4 years.

EXCEPTIONS
F1/2 students receive 5 “exempt” years. Not exempt from tax, but of counting physical days of presence in the U.S. If you have been in the U.S. for fewer than 5 calendar years (including any previous F-1/2 statuses at any point), then you are considered a 'Non Resident for Tax Purposes.
**“Exempt” years are CALENDAR years, not years from date of arrival (e.g. if you arrived 9/23/2017, 2017 would be counted as one, total calendar year and you would have four calendar years remaining).
 


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