Who files Form 1040-NR? A nonresident tax guide for F-1 and J-1 students, scholars and overseas investors
If you aren't a U.S. tax resident but have U.S.-source income, you file Form 1040-NR. F-1 and J-1 students are generally nonresidents for their first 5 calendar years, and Chinese students can exclude $5,000 of wages a year under the tax treaty. There's no standard deduction. It's due April 15 if you had wages with withholding, otherwise June 15.
- 183 days
- The substantial presence test: at least 31 days in the U.S. this year, and this year's days plus 1/3 of last year's plus 1/6 of the year before's add up to at least 183
- 5 years / 2 years
- Students on F, J, M or Q visas don't count days for their first 5 calendar years; teachers and researchers on J or Q visas don't count days for 2 of 6 years
- $5,000
- Under Article 20 of the U.S.–China treaty, a Chinese student can exclude $5,000 a year of wages earned in the U.S., for as long as reasonably needed to finish the education
- April 15 / June 15
- Due April 15 of the following year if you had U.S. wages with income tax withheld; otherwise June 15. For 2026, that's April 15, 2027 or June 15, 2027
At a glance
- Who files Form 1040-NR: people who aren't U.S. tax residents (nonresident aliens) but have U.S.-source income, such as F-1 and J-1 students and scholars in their early years, and overseas investors with U.S. rent, home sales or dividends. Income connected with a U.S. business (ECI, such as wages) is taxed at graduated rates with deductions; fixed income like dividends and gross rent (FDAP) is generally taxed at 30% or a treaty rate.
- Settle your status first: a green card makes you a resident. Without one, apply the 183-day substantial presence test. F-1 and J-1 students for 5 calendar years and J-1 scholars for 2 of 6 years are "exempt individuals" whose days don't count, and they file Form 8843 every year, income or not.
- Treaty benefits for Chinese students and scholars: Article 20 excludes $5,000 of wages a year, and scholarships from U.S. schools and similar institutions are generally exempt. Article 19 exempts teaching and research pay at universities and research institutions for up to 3 years from arrival. Give your employer Form 8233, give the school Form W-8BEN for scholarships, and report it on Schedule OI.
- Few deductions and credits: no standard deduction (except students and business apprentices from India) and no joint filing. You can itemize state income tax (2026 cap $40,400, or $20,200 married filing separately) and gifts to U.S. charities. Education credits and the earned income credit generally aren't available.
- Deadlines: April 15 if you had wage withholding, otherwise June 15; e-filing is available. Without an SSN, you'll need an ITIN. U.S. home sales fall under FIRPTA, over-withheld dividend tax comes back through Form 1040-NR, and state returns are separate.
Who files Form 1040-NR, and what's the difference between ECI and FDAP?
A nonresident alien files Form 1040-NR if they're engaged in a U.S. trade or business (which includes working here for wages) or have U.S.-source income where the withholding didn't cover the tax. Income effectively connected with a U.S. business (ECI) is taxed at graduated rates, with related expenses deductible. Fixed, determinable, annual or periodical income (FDAP), such as dividends, gross rent and royalties, is generally taxed on the gross amount at 30% or a treaty rate, with no deductions.
- Working in the U.S. counts as a trade or business: an F-1 student's campus job, TA or RA pay, OPT and CPT, and a J-1 scholar's salary are all ECI, reported on page 1 of Form 1040-NR.
- FDAP is usually withheld at the source: dividends, interest and rent from U.S. sources are withheld at 30% or the treaty rate, with a Form 1042-S. If the withholding was right, you may not need to file just for that income; if it was too high, Form 1040-NR gets it back. FDAP goes on Schedule NEC.
- Some income is exempt for nonresidents: U.S. bank deposit interest and most portfolio interest generally aren't taxed. Capital gains on U.S. stocks are generally not taxed either for a nonresident who isn't in a U.S. business and spent less than 183 days in the U.S. that year.
- When you don't have to file: F, J, M and Q students and scholars with no income taxable under section 871 don't need Form 1040-NR, but still file Form 8843. If you want a refund of over-withholding, you file.
- U.S.-source income only: nonresidents report only U.S.-source income, so wages, interest and rent in China don't go on Form 1040-NR. Once you become a resident, worldwide income is reportable.
| Income | Type | How it's taxed |
|---|---|---|
| Wages for work in the U.S. (including TA / RA, OPT, CPT) | ECI | Graduated rates with related deductions; Chinese students first exclude $5,000 |
| Taxable scholarships for F-1 and J-1 students (such as the housing portion) | Treated as ECI | Schools generally withhold 14%; most Chinese students can claim the treaty exemption |
| U.S. stock dividends | FDAP | 30%, or 10% under the U.S.–China treaty (with Form W-8BEN) |
| U.S. bank deposit interest | Generally exempt | Not taxed |
| Rent from U.S. property | FDAP (can elect ECI) | 30% of gross by default; electing net basis lets you deduct depreciation and expenses |
| Sale of U.S. real estate | ECI (FIRPTA) | Buyer withholds 15%; file Form 1040-NR for the actual tax and a refund of the excess |
| Sale of U.S. stocks (no U.S. business) | Generally not taxed | Except special cases such as 183 or more days in the U.S. that year |
Am I a resident or a nonresident? How do the green card test and the 183-day test work?
Tax residency isn't the same as immigration status. A green card holder (lawful permanent resident) is a tax resident. Without a green card, apply the substantial presence test: at least 31 days in the U.S. this year, and this year's days plus 1/3 of last year's plus 1/6 of the year before's total at least 183. If you meet neither test, you're a nonresident alien and file Form 1040-NR.
Description: Read from the top and follow the first row that fits.
| Your situation | Result | What you file |
|---|---|---|
| You held a green card at any point this year | Resident while you held it | Form 1040 (the year you get it may be dual-status) |
| No green card; fewer than 31 days in the U.S. this year | Nonresident | Form 1040-NR if you have U.S. income |
| No green card; F, J, M or Q student in your first 5 calendar years | Exempt individual, days not counted, generally nonresident | Form 1040-NR (with income) + Form 8843 |
| No green card; J or Q teacher or researcher in your first 2 of 6 years | Exempt individual, days not counted, generally nonresident | Form 1040-NR (with income) + Form 8843 |
| No green card; not exempt; the weighted total reaches 183 days | Resident | Form 1040, worldwide income |
| You reach 183 weighted days but were here fewer than 183 days this year, with a foreign tax home and closer connection | Can be a nonresident under the closer connection exception | Form 1040-NR + Form 8840 |
Example (hypothetical numbers, to show the method):
- An H-1B engineer: 120 days in the U.S. in 2026, 240 in 2025 and 180 in 2024. 120 + 240 × 1/3 + 180 × 1/6 = 120 + 80 + 30 = 230 days, more than 183, so she's a resident for 2026 and files Form 1040.
- An F-1 student: arrived in August 2021 to study. 2021 through 2025 are 5 calendar years (2021 counts as a full year even though it was a few months), and none of those days count. 2026 is the first year days count. If he's in the U.S. for 183 days in 2026, he's a resident from 2026 on; the earlier exempt days count as zero.
Points to watch:
- Calendar years, not months: an F-1 student's 5 years are calendar years, and the arrival year counts as one no matter how late you arrived.
- The 5 years are a lifetime total: years you were exempt before on F or J status add up. A J-1 scholar who was a student before has a shorter exemption.
- Still nonresident after 5 years? A student who shows no intent to reside permanently and has substantially complied with the visa can keep exempt status, with a statement.
- The closer connection exception: if you were here fewer than 183 days this year, had a foreign tax home and were more closely connected to that country, file Form 8840 and stay a nonresident. It's not available if you applied for, or have a pending application for, a green card.
- Treaty tie-breakers: if you're a resident of both the U.S. and China, the treaty tie-breaker may let you claim nonresident status with Form 8833. The consequences are complicated, so get advice first.
Do F-1 and J-1 students and scholars have to file Form 8843?
Yes. Anyone who excludes days of U.S. presence as a student, teacher or researcher files Form 8843 every year, whether or not they had income. Attach it to Form 1040-NR if you file one. If you have no income and no return, mail it to the IRS on its own by the Form 1040-NR due date, usually June 15.
- One per person: F-2 and J-2 dependents are exempt individuals too and each file their own Form 8843, children included.
- What happens if you skip it: Form 8843 is how you claim your days don't count. Without it, the IRS can count your days toward the substantial presence test, and you may be treated as a resident.
- Where to mail it: without a return, send it to the IRS service center in Austin (Austin, TX 73301-0215).
- No SSN or ITIN needed: leave the taxpayer ID blank if you don't have one.
What if my status changed during the year? What's a dual-status year?
If you were a nonresident for part of the year and a resident for the rest, that's a dual-status year. It's common in the year you get a green card, your first year working in the U.S. and the year you leave. You report the two periods separately: worldwide income for the resident period, U.S.-source income only for the nonresident period, with no standard deduction and no joint return.
- The green card year: residency generally starts the day you receive the green card (or first enter the U.S. as a permanent resident that year).
- Your first working year: if you meet the 183-day test, residency starts on your first day in the U.S. that year (ignoring visits of up to 10 days). The time before, abroad, is nonresident.
- The year you leave: if you're more closely connected to another country after your last day in the U.S., you can end residency on the day you left, with a statement.
- How to file: if you're a resident at year-end, file Form 1040 marked "Dual-Status Return" with a Form 1040-NR attached as a statement for the nonresident period. If you're a nonresident at year-end, it's the reverse. Tax software support for dual-status returns is limited, and paper filing is often needed.
- The first-year choice: if you don't meet the 183-day test this year but will next year, you may be able to elect resident status from an earlier date this year, with a statement, if you meet the conditions.
- Filing jointly with a U.S. citizen or resident spouse: a nonresident spouse can join in an election to be treated as a resident (section 6013(g)) and file a joint Form 1040 on worldwide income for the full year. That brings the standard deduction and joint rates, but Chinese income and foreign accounts (the FBAR; see the guide at yclcpa.com/fbar) become reportable, so run the numbers first.
What treaty benefits do Chinese students and scholars get, and how are they claimed?
The U.S.–China tax treaty has two key provisions. Under Article 20, students and trainees from China can exclude $5,000 a year of wages earned in the U.S., and grants and scholarships from government, educational and similar institutions are generally exempt, for as long as reasonably needed to complete the education. Under Article 19, scholars who come to teach or do research at a university, college, school or research institution are exempt on that pay for up to 3 years from arrival.
| Benefit | Who | What | How to claim |
|---|---|---|---|
| Article 20(c) | Students and trainees from China | $5,000 a year of wages for work in the U.S. | Form 8233 with a statement to your employer; if you didn't, claim it on Form 1040-NR for a refund |
| Article 20(b) | Students and trainees from China | Grants, allowances and scholarships from governmental, scientific, educational or other tax-exempt organizations | Form W-8BEN to the school; report on Form 1040-NR |
| Article 20(a) | Students and trainees from China | Money from abroad for living expenses and tuition | Generally no U.S. tax issue |
| Article 19 | Chinese scholars teaching or researching at U.S. universities and research institutions | Teaching and research pay, up to 3 years from arrival | Form 8233 with a statement to your employer; report on Form 1040-NR |
- On Form 1040-NR: treaty-exempt income goes on line 1k, and Schedule OI item L lists the country, the treaty article, the months claimed in prior years and this year's exempt amount.
- Form 8833? Under IRS rules, students, teachers and trainees claiming these treaty exemptions generally don't need to attach Form 8833.
- After 5 years, as a resident? Under the 1984 Protocol, a Chinese student who becomes a resident under the 183-day test can generally keep claiming Article 20 while still completing the education, on Form 1040, with a Form W-9 and statement to the employer. IRS publications don't fully agree on whether Form 8833 is needed in that case, so the cautious approach is to attach the disclosure.
- Green card holders: the analysis is different and needs a case-by-case look.
- Check FICA too: nonresident F-1 and J-1 students and scholars are generally exempt from Social Security and Medicare tax on work allowed under their visa. If your employer withheld it by mistake, ask the employer first; if they won't refund it, file Form 843 with the IRS.
Example (hypothetical numbers, to show the method): Wang is an F-1 Ph.D. student from China. 2026 is his third year in the U.S., so he's a nonresident. The university paid him $30,000 as a TA and withheld $1,200 of North Carolina income tax.
| Item | Correct: Form 1040-NR | Wrong: Form 1040 |
|---|---|---|
| Wages | $30,000 | $30,000 |
| Treaty exemption (Article 20) | −$5,000 | Not claimed |
| Deduction | Itemized state income tax −$1,200 | Standard deduction −$16,100 |
| Taxable income | $23,800 | $13,900 |
Filing Form 1040 looks like it saves tax, but it uses a standard deduction nonresidents can't take, and may claim education credits by mistake. When the IRS catches it, you owe the tax plus interest, and you may have to explain it later in immigration filings.
What can I deduct on Form 1040-NR, and what can't I?
Form 1040-NR allows only deductions connected with effectively connected income. There's no standard deduction (except for students and business apprentices from India under that treaty), no joint return and no head of household status. You can itemize state and local income taxes, gifts to U.S. charities and casualty losses in federally declared disasters.
| Item | Allowed on Form 1040-NR? | Notes |
|---|---|---|
| Standard deduction | No | Only students and business apprentices from India (U.S.–India treaty Article 21(2)); not Chinese students |
| State and local income taxes | Yes (itemized) | 2026 cap $40,400 ($20,200 married filing separately), phased down above $505,000 of income; property and sales taxes aren't deductible |
| Gifts to U.S. charities | Yes (itemized) | Gifts to foreign charities generally aren't |
| Casualty and theft losses in federally declared disasters | Yes (itemized) | |
| Mortgage interest and property tax on your own home | No | Interest and taxes on rental property follow the rental rules |
| Medical expenses | No | |
| Student loan interest, IRA and similar adjustments | If you qualify | Must relate to ECI |
| Tips and overtime deductions (Schedule 1-A) | Limited | Requires an SSN valid for work; married filers must file jointly, so married nonresidents generally can't use them |
| Joint return, head of household | No | Married filers use married filing separately |
| Child tax credit | Generally no | Exceptions for residents of Canada and Mexico; limited for residents of South Korea and India |
| Education credits, earned income credit | Generally no | Unless married and electing to file jointly as residents |
When is Form 1040-NR due, can I e-file, and what if I don't have an SSN?
If you had U.S. wages with income tax withheld, it's due April 15 of the following year; otherwise June 15. Form 4868 extends filing to October 15 or December 15, but not the time to pay. Form 1040-NR can be e-filed. Without an SSN, you need an ITIN, and a first application usually goes in with a paper return.
Description: Find your row by whether you had wage withholding, then see the due date, the extended date and the forms that go with it.
| Situation | Due date | Extended to | Forms |
|---|---|---|---|
| U.S. wages with income tax withheld (student TA / RA, OPT, first-year H-1B and similar) | April 15, 2027 | October 15, 2027 | Form 1040-NR, Schedule OI, Form 8843 (students and scholars), Form 8833 (when required) |
| No wages with withholding (only rent, dividends, a home sale and similar) | June 15, 2027 | December 15, 2027 | Form 1040-NR, Schedule NEC, FIRPTA withholding statements (home sale) |
| Students and scholars with no income | June 15, 2027 | — | Form 8843 only |
| Nonresidents who need to pay estimated tax for 2026 | Quarterly | — | Form 1040-ES (NR) |
- E-filing: Form 1040-NR can be e-filed, and paid preparers generally must e-file it. Many consumer tax programs only handle Form 1040, which is how a lot of students end up filing as residents.
- ITIN: if you aren't eligible for an SSN, apply for an ITIN on Form W-7 with your return, or through a Certifying Acceptance Agent (see the guide at yclcpa.com/itin).
- Refunds: nonresident refunds can go by direct deposit to a U.S. bank account. If you're abroad and can only get a check, see the guide at yclcpa.com/refundcheck.
- State due dates: most states follow April 15 and don't have a June 15 rule, so check each one.
What about selling U.S. property, dividends on U.S. stocks and getting a refund?
When a nonresident sells U.S. real estate, the buyer withholds 15% of the price under FIRPTA, and you file Form 1040-NR to compute the actual tax and get the excess back. U.S. stock dividends are withheld at 30% by default, or 10% for Chinese tax residents under the treaty; if too much was withheld, Form 1040-NR gets a refund. If you rent out U.S. property, you can elect to be taxed on net income and deduct depreciation and expenses.
- Selling a home (FIRPTA): the 15% is withheld on the sale price, not the profit. The actual tax is on the gain and is often much lower, so you file Form 1040-NR for the difference. You can also apply before closing for a withholding certificate to reduce it (Form 8288-B). See the guide at yclcpa.com/firpta.
- Dividends and refunds: brokers withhold based on the country on your Form W-8BEN and issue Form 1042-S. Without a W-8BEN, or with a wrong one, they may withhold 30%; use Form 1042-S and Form 1040-NR to reclaim the excess. See the guide at yclcpa.com/1042s.
- Rental property: by default, 30% of gross rent is withheld with no deductions. Electing to treat it as business income lets you deduct mortgage interest, property tax, depreciation and management fees and pay graduated rates, which is usually far better, but you file Form 1040-NR every year.
- Held through a company or LLC: the filer and the forms change. A single-member LLC owned by a foreign person also files Form 5472 (see the guide at yclcpa.com/5472).
Do nonresidents file state returns?
It depends on the state. State residency follows each state's own rules and won't always match your federal nonresident alien status. If you worked in a state with an income tax, or had rent or a property sale there, you generally file that state's nonresident or part-year return.
- North Carolina: nonresidents with North Carolina income file Form D-400 with Schedule PN to prorate. Whether a student or scholar living in North Carolina long-term is a state resident follows North Carolina's rules. North Carolina starts from federal adjusted gross income, so income exempt federally under a treaty generally stays out of the North Carolina calculation too.
- States that don't follow tax treaties: California, for example, doesn't honor most federal treaty exemptions, so the $5,000 excluded federally may still be taxed there.
- States with no personal income tax: Texas, Florida and Washington, for example, have no individual income tax return.
- Withholding isn't filing: even if your employer withheld state tax, you file the state return to get any excess back.
Key rules at a glance
| Item | Who / which form | Number / rule | Notes | Applies to |
|---|---|---|---|---|
| Substantial presence test | Foreign nationals without a green card | 31 days + 183 weighted days | This year + 1/3 of last year + 1/6 of the year before; exempt individuals' days don't count | Current |
| Student exemption | F, J, M, Q students · Form 8843 | 5 calendar years | Prior exempt years add up; a statement can extend it | Current |
| Teacher and researcher exemption | J, Q teachers and researchers · Form 8843 | 2 of 6 years | Not exempt this year if exempt in 2 of the prior 6 (foreign-paid exception) | Current |
| Closer connection exception | Form 8840 | Fewer than 183 days this year | Foreign tax home and closer connection; not with a green card application | Current |
| Chinese students' wages | U.S.–China treaty Article 20(c) | $5,000 a year | For the period reasonably needed to finish; Form 8233 or Form 1040-NR | Current |
| Chinese students' scholarships | U.S.–China treaty Article 20(b) | Generally exempt | Grants and scholarships from governmental, educational and similar organizations; Form W-8BEN to the school | Current |
| Chinese scholars' teaching and research pay | U.S.–China treaty Article 19 | Up to 3 years | From arrival; universities, colleges, schools and research institutions | Current |
| Standard deduction | Form 1040-NR | Not allowed | Exception for students and apprentices from India under Article 21(2) | Current |
| State and local income tax cap | Schedule A (Form 1040-NR) | $40,400; $20,200 MFS | Phased down above $505,000 ($252,500 MFS); returns to $10,000 after 2029 | 2026 (OBBB) |
| FDAP rate | Dividends, gross rent and similar · Schedule NEC | 30% or the treaty rate | U.S.–China treaty: 10% on dividends and interest | Current |
| Due date (wage withholding) | Form 1040-NR | April 15, 2027 | Extended to October 15, 2027; extension doesn't extend payment | Tax year 2026 |
| Due date (no wage withholding) | Forms 1040-NR and 8843 | June 15, 2027 | Extended to December 15, 2027 | Tax year 2026 |
| FIRPTA withholding | Nonresidents selling U.S. real estate | 15% of the price | File Form 1040-NR for the actual tax and a refund of the excess | Current |
| FICA | Nonresident F-1 and J-1 students and scholars | Generally exempt | Work allowed under the visa; ask the employer or file Form 843 if withheld | Current |
Common mistakes
"Students can just file Form 1040 in tax software."
F-1 and J-1 students in their first 5 calendar years are generally nonresidents and file Form 1040-NR. A Form 1040 claims a standard deduction and education credits you can't take and declares you a resident, which can affect your immigration record and FICA. To fix it, file Form 1040-X with the correct Form 1040-NR attached.
"Form 1040-NR has a standard deduction too."
Nonresidents can't take the standard deduction; only students and business apprentices from India are an exception. Chinese students get the $5,000 treaty exclusion and itemized deductions such as state income tax instead.
"No income, nothing to file."
Exempt individuals file Form 8843 every year, and each dependent files one too. Skip it, and your days may count toward the 183-day test.
"My school or employer withheld tax, so I don't need to file."
Withholding isn't filing. A treaty exemption that wasn't applied at the source, FICA withheld by mistake and excess state withholding only come back if you file, and if you owe tax, not filing brings penalties.
What should I do in my situation?
Use Figure 1 to settle whether you're a resident, a nonresident or dual-status, then look at what U.S. income you have, and find your situation below.
- Situation A: an F-1 or J-1 student or scholar in your exempt years. File Form 1040-NR and Form 8843, claim Article 20 or Article 19, and check whether FICA was withheld by mistake. Each dependent files a Form 8843.
- Situation B: you moved from F-1 to H-1B, or it's your first year working in the U.S. Run the 183-day test year by year to find when residency starts. The year may be dual-status, or a first-year choice may help. If your spouse is a U.S. citizen or resident, weigh electing a joint Form 1040.
- Situation C: you got a green card this year. You're a nonresident before and a resident after, which usually means dual-status. From residency on, your accounts in China belong on the FBAR, and Chinese funds may be PFICs (see the guide at yclcpa.com/8621).
- Situation D: you live abroad with U.S. rent, stocks or a home sale. Electing net-basis taxation for rent usually pays off; a home sale means filing Form 1040-NR under FIRPTA to recover excess withholding; over-withheld dividends come back using Form 1042-S.
- Situation E: you filed the wrong form, or skipped years. A student who filed Form 1040 corrects it with Form 1040-X and the right Form 1040-NR attached. Refund claims are generally limited to about 3 years from the original due date. If tax is owed, file as soon as you can to limit penalties and interest.
We work out your status and treaty benefits before we fill in a single form
We've done U.S.–China cross-border tax for 10 years. With nonresident returns, the hard part usually isn't the form; it's status. Which year you became a resident, whether a year is dual-status, how long a treaty benefit lasts. We count your days year by year from your travel records to settle your status, then claim the treaty benefits, check FICA and state tax, and handle FIRPTA and Form 1042-S refunds if you have U.S. property or stocks.
- Big Four background, 15+ years in U.S. tax, 10 years of U.S.–China cross-border work, credentialed as CPA, EA and CAA
- Day counts and visa history checked year by year to settle resident, nonresident or dual-status, plus the pros and cons of the first-year choice and joint filing
- Familiar with Articles 19 and 20 of the U.S.–China treaty and Forms 8233, W-8BEN, 8833, 8843 and 8840
- No SSN? Apply for an ITIN through us as a Certifying Acceptance Agent without mailing your passport to the IRS; Form 1040-NR, state returns and FIRPTA refunds done together
How it works
- 1
Free assessment
A free 15-minute call about your visa, arrival dates, income and what you've filed before.
- 2
Settle your status
We count your days year by year from your travel records and decide between Form 1040-NR, Form 1040 or a dual-status return.
- 3
Prepare the returns
We organize your W-2s, 1042-S, 1099s and property records, claim treaty benefits and prepare federal and state returns for your review and signature.
- 4
Refunds and follow-up
We track refunds and FICA reimbursements; if the IRS or a state writes, the same team answers.
FAQ
When does an F-1 student start filing Form 1040?
F-1 students are generally exempt individuals for their first 5 calendar years in the U.S., so their days don't count and they file Form 1040-NR and Form 8843. The arrival year counts as a full year. Days start counting in the sixth calendar year, and if you're here 183 days that year, you're a resident from then on and file Form 1040. Prior exempt years on F or J status add up.
How do Chinese students use the $5,000 treaty exemption?
Under Article 20 of the U.S.–China tax treaty, students from China can exclude $5,000 a year of wages earned in the U.S., for as long as reasonably needed to complete their education. Give your employer Form 8233 with the required statement to reduce withholding, or claim it on Form 1040-NR line 1k and Schedule OI item L to get the over-withheld tax back.
Can I take the standard deduction on Form 1040-NR?
No. Nonresident aliens can't take the standard deduction; the only exception is students and business apprentices from India under Article 21(2) of that treaty. On Form 1040-NR you can itemize state and local income taxes (2026 cap $40,400, or $20,200 married filing separately), gifts to U.S. charities and casualty losses in federally declared disasters.
Do F-1 students and dependents with no income still file anything?
Yes, Form 8843. Anyone who excludes days of U.S. presence as a student, teacher or researcher files it every year, and F-2 and J-2 dependents and children each file one. With no return, mail it to the IRS in Austin, generally by June 15, 2027 for tax year 2026.
Can YCL prepare my Form 1040-NR?
Yes. YCL CPA (yclcpa.com) has done U.S.–China cross-border tax for 10 years. We count your days to settle your status, claim Articles 19 and 20 of the U.S.–China treaty, prepare Form 1040-NR, Form 8843 and state returns, and handle FICA refunds, FIRPTA home sales and dividend withholding refunds. Without an SSN, we can help you apply for an ITIN. Refund amounts and timing depend on your facts and the IRS, and we don't guarantee outcomes. Book a free 15-minute call to start.
Related guides
Sources
- IRS: Instructions for Form 1040-NR (2025); Form 1040-NR, Schedule OI, Schedule NEC, Schedule A (Form 1040-NR)
- IRS: Publication 519 (2025), U.S. Tax Guide for Aliens (residency, exempt individuals, dual-status, Chapter 9 on treaties, Appendices A and B for Chinese students and scholars)
- IRS: Publication 901, U.S. Tax Treaties; Publication 4011 (Foreign Student and Scholar Volunteer Resource Guide)
- U.S.–China Income Tax Agreement (1984), Articles 19 and 20, and Protocol
- IRS: Forms 8843, 8840, 8833 (Rev. December 2022), 8233 and W-8BEN, with instructions
- Internal Revenue Code §7701(b) (residency), §871 (taxation of nonresidents), §6013(g) (election to be treated as resident)
- One, Big, Beautiful Bill (July 4, 2025) provisions on the state and local tax cap and Schedule 1-A; Schedule 1-A instructions (2025)
- North Carolina Department of Revenue: Form D-400 and Schedule PN instructions
Not sure whether you file Form 1040-NR or Form 1040?
Book a free 15-minute call. A CPA will check your visa and travel history, tell you your status, which treaty benefits you can use and which forms to file, with no fee and no sales pitch.
