# Do I need to file taxes in US, I stayed only 49 days as F1 student in 2019?



## Peter_Mellark (Apr 24, 2020)

I came to the USA in 2013 as student, I filled taxes for all the years when I worked (including 2018) through HR block branch located near my school as TurboTax did not support 1090NR. 



I moved out of USA in permanently or something like that in 2019, I only stayed for less than 60 days and didn't work. I was here for more than 300 days in 2017, 2018. I am now back in my home country and have no plans to come back in 2020. I was always on student visa from the start nothing changed as immigration status goes when in the USA.



I sold of like 30 shares(200$) of a company in Robinhood app for loss(30$) in 2019 and still haves shares worth around 1000$ in the app as of today.



Do I need to file taxes as a cautionary step for 2019 as resident alien(1090) as the irs presence test of 189 days exceeds in my case?


----------



## Bevdeforges (Nov 16, 2007)

Someone with more experience will stop by shortly, but regardless of how long you were in the US in 2019, consider the filing thresholds: 

Minimum income to file taxes



> How much do you have to make to file taxes
> 
> Single filing status:
> $12,200 if under age 65
> ...


----------



## Moulard (Feb 3, 2017)

If I understand correctly, if you were in the US as a student on a F, J, M, or Q visa then the presence test doesn't apply, and you would be filing a 1040-NR. 

In part this is due to treaty clauses protecting students and would only have ever had to report US sourced income..

So you would still file a 1040-NR for 2019, and only have to report your US sourced income.

In terms of a clean exit from the US tax system...

Technically I believe when you leave the US you are also meant to file a 1040-C

Then you would file a normal 1040-NR, I assume with a Schedule D to report the loss.

In terms of the interplay of capital losses, the 30% withholding on non-resident income and so forth, I have to admit I don't know - I have never had to look in depth at this.


----------

