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Free Community Tax Service Residency Calculator

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Free Community Tax Service Residency Calculator

To determine your residency status in the U.S. for tax filing purposes, you will have to use the Substantial Presence Test as outlined by the IRS. If you know the total number of days you were present in the U.S. in 2020, 2019, and 2018, you can use the tool below to quickly calculate your residency status. 

* If you are a nonresident with some relation to Indiana University, contact the Office of International Services: www.ois.iu.edu. * 


Days of Presence in the United States

You are treated as present in the U.S. on any day you are physically present in the country, at any time during the day. The term United States (U.S.) includes the following areas:

  • All 50 states and the District of Columbia.
  • The territorial waters of the United States.
  • The seabed and subsoil of those submarine areas that are adjacent to U.S. territorial waters and over which the United States has exclusive rights under international law to explore and exploit natural resources.

The term does not include U.S. territories or U.S. airspace.

There are exceptions to this rule. Do not count the following as days of presence in the U.S. for the substantial presence test:

  • Days you commute to work in the U.S. from a residence in Canada or Mexico, if you regularly commute from Canada or Mexico.
  • Days you are in the U.S. for less than 24 hours, when you are in transit between two places outside the United States.
  • Days you are in the U.S. as a crew member of a foreign vessel.
  • Days you are unable to leave the U.S. because of a medical condition that develops while you are in the United States.
  • Days you are an exempt individual (see below).

 

Exempt Individual

Do not count days for which you are an exempt individual. You are considered an exempt individual on the days that you fall into any of the following categories:

  • An individual temporarily present in the U.S. as a foreign government-related individual under an “A” or “G” visa, other than individuals holding “A-3” or “G-5” class visas.
  • A teacher or trainee temporarily present in the U.S. under a "J" or "Q" visa, who substantially complies with the requirements of the visa.
  • A student temporarily present in the U.S. under an "F," "J," "M," or "Q" visa, who substantially complies with the requirements of the visa.
  • A professional athlete temporarily in the U.S. to compete in a charitable sports event.

If you exclude days of presence in the U.S. for purposes of the substantial presence test because you were an exempt individual or were unable to leave the U.S. because of a medical condition or medical problem, you must include Form 8843, Statement for Exempt Individuals and Individuals With a Medical Condition, with your income tax return. If you qualify for the Free Community Tax Service, your IRS Certified Tax Preparer can help you with this.

If you do not have to file an income tax return, send Form 8843 to the address indicated in the instructions for Form 8843 by the due date for filing an income tax return.

If you do not timely file Form 8843, you cannot exclude the days you were present in the U.S. as an exempt individual or because of a medical condition that arose while you were in the U.S. This does not apply if you can show, by clear and convincing evidence that you took reasonable actions to become aware of the filing requirements and significant steps to comply with those requirements.

 

Even if you meet the requirements of the Substantial Presence Test, you may still be considered a nonresident due to the Closer Connection Exemption. Find more information on this at these links:

 

 

 
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