Know Your Tax Status

Tax Status

Tax status is determined by the nonimmigrant’s physical presence in the U.S. and visa status history. A nonimmigrant’s tax status will be either Nonresident Alien or Resident Alien

Resident Aliens are taxed in the same way as U.S. citizens but Nonresident Aliens are taxed under another set of rules.

You should know your tax status before completing any tax documents for Mason or any employer. If you previously worked at Mason or have in the past received a taxable scholarship from Mason, you will know your tax status.

If you cannot remember your status or do not know your status, you may refer to IRS Publication 519 for information on how to make the determination.

Resident Alien or Nonresident Alien for Tax Purposes
Do you have a green card?
  • If YES – you meet the Green Card Test, you are a Permanent Resident Alien
  • If NO – you must perform the Substantial Presence Test– described below – to determine your tax status
Substantial Presence Test – To qualify as a Resident Alien you must: 
  • Be in the U.S. for 31 days in current year, and 
  • Have a total of 183 counting days as – described below – in the U.S., with
    • All days in current year +
    • 1/3 of days in previous year +
    • 1/6 of days in year prior to the previous year 

If you do not meet the test, you are a Nonresident Alien (NRA). You also qualify to be Nonresident Alien if you are an exempt individual.

Determine if you are an Exempt Individual
General definition: Exempt Individuals are exempt from counting days under the substantial presence test for determining tax status.

Exempt Individuals are Nonresident Aliens

Groups of Exempt Individuals:

  • Students temporarily in the U.S. in F, J, Q or M visa statuses for any part of a calendar year for no more than 5 years
  • Teachers or trainees in the U.S. in J or Q status for any part of a calendar year for no more than 2 years including current and previous 6 years
  • Foreign government-related or international organization-related individuals (G and A visas)
  • Professional athletes
Required IRS Form 8843 for Exempt individuals

Required Process:

  1. If you are considered to be “exempt” anytime during the tax year, file the Form 8843, Statement for Exempt Individuals and Individuals With a Medical Condition even if you are not required to file a tax return.
  2. If required to file a tax return – attach to return – do not have to sign.
  3. If not required to file a return – file alone – required to sign.