Frequently Asked Tax Questions

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I forgot to file my taxes last year, what do I do?
Go to http://www.irs.gov/formspubs/lists/0,,id=97817,00.html  to find the correct form and year. Complete the form and mail.

I am married, but my spouse lived outside of the U.S. during all of 2007. Do I file married or single?
You can only file Married filing separate. Single is only for individuals that are not married by the end of the tax calendar year.

Do I (or my dependents) need a Tax ID Number (ITIN) or a SSN to file?
If you do not already have a SSN, you must obtain an ITIN from International Faculty and Scholar Services on the third floor of Bizzell Hall West. Remember to bring all of your immigration documents. Only get a ITIN for those individiuals that are allowable as a dependent if you are filing a 1040NR. If you are filing a regular 1040 return, then you will be required to obtain ITIN for your dependents and spouse.

How does CINTAX (formerly NRAware!) work?
Texas A&M has contracted with Arctic International to provide our students access to online software, called CINTAX, that will assist you in preparing your U.S. income tax return. International Student Services (ISS) will send access information and the password to the TAMU email account of all international students. An instruction sheet is available for download, as well as online support, to assist you in completing the forms. CINTAX will generate forms (1040NR-EZ, 1040-NR, 8843) only for those eligible to file as Nonresident Aliens.

How do I determine if I am a Nonresident or Resident for tax purposes?
Most international students and their dependents qualify as Nonresidents for tax purposes. Generally, an international student (F or J) would qualify as a Resident for tax purposes only after being in the US for more than five calendar years. CINTAX will determine your tax status based on how you answer certain questions. If you are unsure of your tax status, you may refer to the Substantial Presence Test in Publication 519 US Tax Guide for Aliens.

I am an F-1 or J-1 student and I had no US income (wages or scholarships) during 2007, or my only US income was bank interest. Do I need to file any tax forms?
Yes. You need to file Form 8843. This is the only form you will need to complete if you earned no income (wages or scholarships) or only earned bank interest. F-1 or J-1 students with US income from other sources, in addition to bank interest, such as dividends from stocks, wages, scholarships, fellowships, prizes, or awards will need to file form 1040NR or 1040NR-EZ (if Nonresident for tax purposes), in addition to the 8843.

What about my F-2 and J-2 dependents?
All F-2 and J-2 dependents, whether or not they are students, must file Form 8843 even if they had no US income of any kind for 2007, or if the only income they had was from bank interest. If there was any other US income, they will need to file 1040NR or 1040NR-EZ (if Nonresident for tax purposes), in addition to the 8843.

I am a new student for the Spring 2008 semester but arrived in the US in late December 2007. Do I need to file any tax forms?
Yes. If you are in F-1 or J-1 status, or an F-2 or J-2 dependent, and were in the US for any part of 2007 (even if it was just a few days or even just part of December 31) you will need to file a tax form. If you had no US income in 2007, you will only need to file Form 8843.

If I have US income other than bank interest, which form should I use, 1040NR-EZ or 1040NR?
Most students will find that they can use the 1040NR-EZ, which is shorter and easier to complete than the 1040NR. Whichever form you use, you must also complete Form 8843. However, there are some rules and limits for use of the 1040NR-EZ. You may use the 1040NR-EZ if:

  • You are a Nonresident for tax purposes.
  • Your only US income was from wages, salaries, tips, taxable refunds of state and local income taxes, and scholarship or fellowship grants. (If you had dividend income from stocks or bonds, or taxable interest from mutual funds, you must use 1040NR.)
  • You do not claim any dependents (only citizens of Canada, Mexico, India, Korea and Japan can claim spouses and/or children as dependents, and they can only do so by filing form 1040NR. Please note that there are special rules related to Indian dependents - not all are eligible).
  • You cannot be claimed as a dependent on another person’s US tax return.
  • Your taxable income was less than $50,000.
  • The only itemized deductions you claim are for state and local taxes (if you wish to claim charitable or other deductions, you must use 1040NR).

What if I cannot get my tax return filed by the deadline?
If you need more time, you can file Form 4868 to request an automatic extension of time until August 15, 2008. As long as this form is postmarked by original filing deadline that applies to you (April 15 or June 15), you are not subject to any late fees or penalty charges. You will not receive any notification from the IRS that you have been granted the extension; it is automatic. Like any other form mailed to the IRS, make copies of this form for your records before sending it.

My bank (or credit union) mailed me a form 1099, indicating the amount of interest I earned on my savings account in 2007. Do I need to include this amount on my income tax forms?
Nonresidents for tax purposes do not include certain US sourced interest income in their gross income. This includes interest generated from savings accounts, money markets, and certificates of deposit. You may keep the 1099-INT for your own reference, but it does not need to be filed. Residents for tax purposes may not exclude interest income.

Both forms 1040NR-EZ and 1040NR ask for Social Security numbers or taxpayer identification numbers. Is this the same as the number I was issued by the university when I was admitted? It has the same number of digits.
No. All F-1 and J-1 students, and J-2 dependents, who are employed in the United States should have a Social Security Number (SSN) issued by the Social Security Administration. Since a US tax identification number is needed in order to file a tax return, and you are not eligible for a SSN without an offer of employment, any students or dependents who will not work and do not already have an SSN must obtain an Individual Taxpayer Identification Number (ITIN) from the IRS. To apply for an ITIN, complete form W-7 and take it in person, along with your passport and other identifying documents, to International Faculty and Scholar Services (IFSS), located on the third floor of Bizzell Hall West. Form W-7 is available online at http://www.irs.gov or at IFSS. The IRS has recently announced that F and J visa holders who have no US-source income, and thus file only the Form 8843, need neither an SSN nor an ITIN to file Form 8843.

I am a student from India, and I have heard that my country’s tax treaty allows me to claim the standard deduction, but I can find no additional information about this benefit.
Information on this benefit can be found in IRS Publication 901 US Tax Treaties. Students from India have the choice of itemizing their deductions or taking the standard deduction amount. By claiming the standard deduction, you cannot claim any itemized deductions, such as state and local taxes.

I have received a form 1042. Do I include this income on my 1040NR or 1040NR-EZ?
1042 income is reported on the 1040NR or 1040NR-EZ in different ways depending on the type of income it is. Look at the income code in column (a) of the form. An income code of “15” is for a scholarship or fellowship, which would not be included as part of your wages. An income code of “19” refers to a tax treaty amount, which would be reported as part of your wages. It is recommended that you refer to the IRS and online help with CINTAX to determine your specific reporting requirements.

If my country has a tax treaty with the US, does that mean I do not have to file any tax forms?
No, you still must file a tax return. If you earned any income in 2007, you must file either 1040NR or 1040NR-EZ. If you earned no income you would file only form 8843.

How do I inform payroll that I am eligible for a tax treaty benefit?
In order to claim tax treaty benefits, you must file form W-8BEN or form 8233 with your employer. The W-8BEN is for non-service (e.g. non-employee) scholarship/fellowship income, and the 8233 is for employment income. If you received an award from Texas A&M, payroll will ask you to complete the online GLACIER tax system, which will generate a W-8BEN. Both the W-8BEN and 8233 must be submitted to the payroll office of your employer for you to claim a tax treaty benefit.

How do I complete Form 8843?
All F-1 and J-1 students filing Form 1040NR or 1040NR-EZ must also complete and attach Form 8843. If you or your dependents had no US income, or the only U.S. income was bank interest, you only have to complete Form 8843. If you are a student, complete only Part I and Part III. Part II is used only by full time faculty or staff members in J-1 status. Part IV and V should also be left blank. For non-student J-2 and F-2 dependents, only Part I is completed.

What is the deadline for filing 2007 tax forms?
Filing means mailing the completed tax forms to the Internal Revenue Service (IRS). If you received salary or wages subject to U.S. income tax withholding, you must file your tax forms by April 16, 2008. If you had no income, other than bank interest or scholarships, and/or will only file Form 8843, you must file by June 15, 2008. These deadlines refer to the date the envelope must be postmarked by the post office. They do not refer to date the IRS receives the envelope.

Where do I mail these forms?
Before mailing anything, MAKE COPIES FOR YOUR RECORDS! Mail your completed forms and the appropriate attachments, postmarked no later than the applicable deadline, to:

Internal Revenue Service Center
Austin, TX  73301-0215

(Note: There is no street address or P.O. Box)

Forms may be folded to fit the envelope of your choice, and may be sent by regular mail (express, certified mail is not necessary).

I already mailed my tax return but I just discovered a mistake. What should I do?
In certain circumstances, if a mistake is found in a tax return that has already been filed, you will need to file what is called an “amended” return. If you filed your return for 2007, and are due a refund, wait until the refund has been received before filing an amended return. In some cases you may discover that either you are due an additional refund, due to the mistake, or that you owe additional tax, in which case it is important to file. For more details on how and when to file an amended return, please visit the amended return section of the ISS website: http://international.tamu.edu/iss/taxinfo/taxesfiling.asp .


I am on Practical Training and my employer has withheld Social Security/Medicare taxes. How can I get a refund?
F-1 students, who qualify as nonresident aliens for tax purposes, are exempt from Social Security/Medicare taxes [direct employer to Aliens Employed in the U.S - Social Security Taxes ]. This is the case even if you are on Curricular or Optional Practical Training. In the event that you discover your employer is withholding Social Security/Medicare taxes (check your monthly pay stub), approach the employer to request this withholding end and ask if the employer will reimburse the amount already withheld. If your employer is unwilling to provide a refund, you may file Form 843, Claim for Refund and Request for Abatement, directly to the IRS. If you are now a resident for tax purposes then you are no longer exempt from this withholding.


Does Texas have a state income tax?
No. Texas does not have a state income tax. Be aware, however, that if you lived in another state for part or all of 2007, prior to coming to TAMU, and that state does have a state income tax, you will need to file that state’s tax forms. Note that some states have special forms for individuals who were only part-year residents. CINTAX does not generate state income tax forms, but only alerts you if it determines you may have a state filing obligation.

This publication is not intended to replace IRS documents. Please seek IRS publications for the most up to date tax information.

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