Q: I am on F-1 visa completing my OPT. I pass 183 days of substantial presence test. Should I file form W-9 or W-8?
I came to the US in 2016 on a student visa and this is how many days I stayed in the US from 2016 to 2022:
- 2016: 110 days
- 2017: 315
- 2018: 255
- 2019: 249
-2020: 82
-2021: 330
-2022: 365
A:
Hello Long Beach Resident! As a student, you are exempt from the substantial presence test. You should not count days when you are an exempt individual for the substantial presence test calculation. Refer to Publication 519, US Tax Guide for Aliens at https://www.irs.gov/forms-pubs/about-publication-519.
You should file Form 8843. Best of luck!
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