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Tax Information

  The following information is for F-1 international students and provides only a general overview of their federal-tax obligations.  Students should consult a tax professional or go to the tax agency websites for assistance with complex tax situations.

Mandatory Form 8843

All F-1 international students must complete and send the United States (U.S.) Internal Revenue Service (IRS) the Form 8843  for each tax year (January 1 through December 31) during which they are physically present in the U.S.  For example, if you are present in tax year 2007, you must file a Form 8843 at the conclusion of tax year 2007, and no later than April 15 of 2008. 

The Form 8843 is a simple IRS form that requires information about your visa status, the school you attend, and the number of days you were present in the U.S.  For example, if you entered the U.S. in F-1 status for the first time on August 1, 2007 and remain in the U.S. through December 31, 2007, you would be present for 153 days during tax year 2007.  If you entered for the first time in F-1 status on December 31, 2007, you would be present for one day during tax year 2007. 

How can I prepare?    

Start a "personal tax folder" that you can easily find each year.  Write down the date (month/day/year) you entered the U.S. as an F-1 student for the first time.  Keep a log of each departure and entry date thereafter.  Also, count the number of days you were present during each tax year, deducting whole days you spent outside the U.S.  Keep a copy of the Form 8843 that you have filed for each tax year in a personal tax folder.

Are there any other tax forms I must fill out? 

If you receive income in the U.S, the answer is yes.  Before filling out ANY tax forms, however, you must always determine your "tax status."  This is VERY IMPORTANT and is not the same as your immigration status.  For the first five tax years that you are present in F-1 status, your filing status is "nonresident alien." After that, you will be considered a "resident alien," which means you will be taxed like U.S. citizens.  In your sixth F-1 year, you may be able to elect one status over the other, or file under "dual status (part nonresident/part resident)."  However, if you expect to remain in the U.S. more than 6 years, you should file as a resident alien, unless you choose to hold on to your nonresident status for as long as you legally can (to avoid being taxed similar to a U.S. citizen).  Most students do not have to worry about making these choices, if the financial gain or loss is not an issue .

Essential tax forms

When you obtain a job on campus, or if you receive a room-and-board scholarship, you must make an appointment with the Payroll Office for a “tax interview."  Take your passport, Form I-20 and Form I-94.  If you are considered a nonresident alien for the tax year, fill out a Form W-4 as follows:

1. Check “Single” marital status (regardless of your actual marital status), unless you are a resident of Canada, Mexico, Japan, Korea, or India with dependents (consult IRS Publication 519).

2. On line 5, claim only one withholding allowance, unless you are a resident of Canada, Mexico, Japan, Korea, or India (consult IRS Publication 519).

3. On line 6, request that your employer withhold an additional amount of 15.00 biweekly.

4. On line 7, do not claim exemption from withholding!

Unless there is a U.S. tax treaty for your country of residence that states otherwise, income taxes must be withheld (deducted) by the payer at the time of payment of wages, or in the case of a room-and-board scholarship, billed to your student account.  The amount of tax withheld  is paid directly to the U.S. Treasury in your name.

By the end of January of each year, you will receive important tax documents pertaining to the preceding tax year.  For example, if you paid tuition, you will receive a Form 1098T.   If you worked on campus, you will receive a Form W-2 from the Payroll Office, or from non-Pepperdine firms Sodexho (food services) or Follett (bookstores). If you received a room and board scholarship, you will receive a Form 1042S.  Be sure that your mailing addresss is correct so that you will receive the tax documents in time to file your tax return by the April 15 filing deadline. Below is a list of the most commonly received documents.

Form 1098T, Tuition Statement

Form W-2, Wage and Tax Statement

Form 1042S, Foreign Person’s U.S. Source Income Subject to Withholding

Form 1099-INT, Interest Income

Form 1099-MISC, Miscellaneous Income

Form 1099-G, Certain Government Payments (report of state income tax refund received for the previous tax year)

After you receive all of the tax forms that pertain to you, you must file what is commonly called a “tax return” with the IRS.   The tax return is an IRS form (usually the Form 1040NR-EZ or Form 1040EZ, depending on your filing status) that you will complete in order  to report your  income, the taxes paid, and any specific  information that may result in your getting a tax refund, or paying additional taxes you owe.  You may be able to take "deductions" or "exemptions" that will lower your tax liability and increase your refund.  The filing deadline is April 15.  During February and March, the OISS will provide more information to help you file your tax return along with the mandatory Form 8843.

What about off-campus employment?

Before you accept any type of work off campus, you must follow the necessary steps to obtain employment authorization  for CPT, OPT or employment based on economic hardship.  You must provide your employer information that will determine your correct tax status.  If your status is nonresident alien (see above), inform your employer that you are not subject to Social Security and Medicare taxes. 

Can students receive any other type of income? 

If  you invest in stocks or real property, you may receive income such as interest or dividends, rent, or capital gains.  You may receive gambling winnings or prizes, perhaps even alimony and royalties.  Before engaging in any activity that leads to receiving income, you must make sure that you are not violating your visa status by doing so. 

What are the consequences of not filing tax forms?

You are responsible for mailing the tax forms to the IRS and keeping a copy. Neglecting to do so, or filing the forms incorrectly, can result in severe penalties, including fines and interest on unpaid taxes. It can also impact future nonimmigrant or immigrant visa applications.  If taxes were not withheld, and you do not file a tax return, you may receive a letter from the IRS years later, asking you to pay the taxes plus thousands of dollars more in penalty fees.

A few general rules for F-1 students while they are considered nonresident aliens for tax purposes:

1. Taxes must be withheld at the time income is received.  

2. Residents of countries that have tax treaties with the U.S. may be exempt from tax on certain amounts of certain income received from U.S. sources.

3. Interest received on deposits held in the “banking business” is not taxable, unless the nonresident holds large sums in a bank for the purpose of earning money.

4. Scholarships that cover tuition, fees, books, supplies and equipment that a student is required to buy, are not taxable. Amounts used for other purposes, such as room and board, are taxable.

5. Income for services performed by nonresident aliens in F-1 status is not subject to withholding of Social Security or Medicare taxes.

Where else can I get help?

The OISS will provide further information via the "OISS Communique" emails.  You are advised to seek advice from a tax professional, preferably an "enrolled agent" with expertise in nonresident tax issues. 

Tax forms and publications can be downloaded from the IRS website.  California state tax forms and publications can be downloaded from the California Franchise Tax Board.  For more tax information for International Students, please visit http://www.irs.gov/businesses/small/international/index.html.

 

IRS Publication 519, US Tax Guide for Aliens, includes information on how to determine residence or nonresident status for tax purposes; what types of income are taxable; the effect of tax treaties on tax liability; how to claim exemption by treaty; and much more.

IRS Publication 901, US Tax Treaties, lists treaties in effect at the time of publication each year, with brief synopses of tax treaty articles relating to students and scholars. 

• IRS tax assistance
800-829-1040

• Automated Refund Service
800-829-4477

Revised 8/10/2007