Enlarge image | Statement for Exempt Individuals and Individuals OMB No. 1545-0074 Form 8843 With a Medical Condition For use by alien individuals only. 2021 ▶ Go to www.irs.gov/Form8843 for the latest information. Attachment Department of the Treasury For the year January 1—December 31, 2021, or other tax year Sequence No. 102 Internal Revenue Service beginning , 2021, and ending , 20 . Your first name and initial Last name Your U.S. taxpayer identification number, if any Fill in your Address in country of residence Address in the United States addresses only if you are filing this form by itself and not with your tax return Part I General Information 1a Type of U.S. visa (for example, F, J, M, Q, etc.) and date you entered the United States ▶ b Current nonimmigrant status. If your status has changed, also enter date of change and previous status. See instructions. 2 Of what country or countries were you a citizen during the tax year? 3a What country or countries issued you a passport? b Enter your passport number(s) ▶ 4a Enter the actual number of days you were present in the United States during: 2021 2020 2019 b Enter the number of days in 2021 you claim you can exclude for purposes of the substantial presence test ▶ Part II Teachers and Trainees 5 For teachers, enter the name, address, and telephone number of the academic institution where you taught in 2021 ▶ 6 For trainees, enter the name, address, and telephone number of the director of the academic or other specialized program you participated in during 2021 ▶ 7 Enter the type of U.S. visa (J or Q) you held during: ▶ 2015 2016 2017 2018 2019 2020 . If the type of visa you held during any of these years changed, attach a statement showing the new visa type and the date it was acquired. 8 Were you present in the United States as a teacher, trainee, or student for any part of 2 of the 6 prior calendar years (2015 through 2020)? . . . . . . . . . . . . . . . . . . . . . . . . Yes No If you checked the “Yes” box on line 8, you cannot exclude days of presence as a teacher or trainee unless you meet the Exception explained in the instructions. Part III Students 9 Enter the name, address, and telephone number of the academic institution you attended during 2021 ▶ 10 Enter the name, address, and telephone number of the director of the academic or other specialized program you participated in during 2021 ▶ 11 Enter the type of U.S. visa (F, J, M, or Q) you held during: ▶ 2015 2016 2017 2018 2019 2020 . If the type of visa you held during any of these years changed, attach a statement showing the new visa type and the date it was acquired. 12 Were you present in the United States as a teacher, trainee, or student for any part of more than 5 calendar years? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes No If you checked the “Yes” box on line 12, you must provide sufficient facts on an attached statement to establish that you do not intend to reside permanently in the United States. 13 During 2021, did you apply for, or take other affirmative steps to apply for, lawful permanent resident status in the United States or have an application pending to change your status to that of a lawful permanent resident of the United States? . . . . . . . . . . . . . . . . . . . . . . . . . . Yes No 14 If you checked the “Yes” box on line 13, explain ▶ For Paperwork Reduction Act Notice, see instructions. Cat. No. 17227H Form 8843 (2021) |
Enlarge image | Form 8843 (2021) Page 2 Part IV Professional Athletes 15 Enter the name of the charitable sports event(s) in the United States in which you competed during 2021 and the dates of competition ▶ 16 Enter the name(s) and employer identification number(s) of the charitable organization(s) that benefited from the sports event(s) ▶ Note: You must attach a statement to verify that all of the net proceeds of the sports event(s) were contributed to the charitable organization(s) listed on line 16. Part V Individuals With a Medical Condition or Medical Problem 17a Describe the medical condition or medical problem that prevented you from leaving the United States. See instructions. ▶ b Enter the date you intended to leave the United States prior to the onset of the medical condition or medical problem described on line 17a ▶ c Enter the date you actually left the United States ▶ 18 Physician’s Statement: I certify that Name of taxpayer was unable to leave the United States on the date shown on line 17b because of the medical condition or medical problem described on line 17a and there was no indication that his or her condition or problem was preexisting. Name of physician or other medical official Physician’s or other medical official’s address and telephone number Physician’s or other medical official’s signature Date Sign here Under penalties of perjury, I declare that I have examined this form and the accompanying attachments, and, to the best of my knowledge and belief, only if you they are true, correct, and complete. are filing this form by itself and not with ▲ ▲ your tax return Your signature Date Form 8843 (2021) |
Enlarge image | Form 8843 (2021) Page 3 General Instructions Substantial Presence Test The term “exempt individual” also Section references are to the Internal You are considered a U.S. resident if you includes an individual temporarily present Revenue Code unless otherwise specified. meet the substantial presence test for in the United States as a foreign 2021. You meet this test if you were government-related individual under an “A” Future Developments physically present in the United States for or “G” visa, other than individuals holding For the latest information about at least: “A-3” or “G-5” class visas. An individual present under an “A-3” or “G-5” class visa developments related to Form 8843 and its • 31 days during 2021; and is not considered a foreign government- instructions, such as legislation enacted • 183 days during the period 2021, 2020, related individual and must count all his or after they were published, go to and 2019, counting all the days of physical her days of presence in the United States www.irs.gov/Form8843. presence in 2021 but only 1/3 the number for purposes of the substantial presence What’s New of days of presence in 2020 and only 1/6 test. For more details, see Pub. 519. If you COVID-19 Medical Condition Travel the number of days in 2019. are present under any other “A” or “G” Exception (Rev. Proc. 2020-20 Note: To claim the closer connection to a class visa, you are not required to file Form Exception). For tax year 2021, individuals foreign country(ies) exception to the 8843. cannot claim the COVID-19 medical substantial presence test described in condition travel exception to exclude any Regulations section 301.7701(b)-2, you Specific Instructions days of presence in the United States for must file Form 8840. Part I—General Information the purpose of the “substantial presence Days of presence in the United States. If you are attaching Form 8843 to Form test.” However, days of presence in the Generally, you are treated as being present 1040-NR, you aren’t required to complete United States in 2020 that were excluded in the United States on any day that you lines 1a through 4a of Form 8843 if you for tax year 2020 may impact the are physically present in the country at any provide the requested information on the application of the “substantial presence time during the day. However, you don’t corresponding lines of Form 1040-NR. See test” for tax year 2021. For more count the following days of presence in the Schedule OI of those forms. information, see Days of presence in the United States for purposes of the United States, later. substantial presence test. In this case, enter “Information provided on Form 1040-NR” on line 1a of Form Who Must File 1. Days you regularly commuted to work 8843. Complete line 4b and the rest of If you are an alien individual (other than a in the United States from a residence in Form 8843. foreign government-related individual), you Canada or Mexico. If Form 8843 is filed separately, you must must file Form 8843 to explain the basis of 2. Days you were in the United States for complete all entries on the form. your claim that you can exclude days of less than 24 hours when you were traveling presence in the United States for purposes between two places outside the United Line 1b. Enter your current nonimmigrant of the substantial presence test because States. status, such as that shown on your current Immigration Form I-94, Arrival-Departure you: 3. Days you were temporarily in the Record. If your status has changed while in • Were an exempt individual, or United States as a regular crew member of the United States, enter the date of change a foreign vessel engaged in transportation and previous status. • Were unable to leave the United States between the United States and a foreign because of a medical condition or medical country or a possession of the United Part II—Teachers and Trainees problem. States unless you otherwise engaged in A teacher or trainee is an individual who is When and Where To File trade or business on such a day. temporarily present in the United States If you are filing a 2021 Form 1040-NR, 4. Days you were unable to leave the under a “J” or “Q” visa (other than as a attach Form 8843 to it. Mail your tax return United States because of a medical student) and who substantially complies by the due date (including extensions) to condition or medical problem that arose with the requirements of the visa. the address shown in your tax return while you were in the United States. If you were a teacher or trainee under a instructions. 5. Days you were an exempt individual. “J” or “Q” visa, you are considered to have If you don’t have to file a 2021 tax return, Note: For more information on determining substantially complied with the visa mail Form 8843 to the Department of the resident alien or nonresident alien status requirements if you haven’t engaged in Treasury, Internal Revenue Service Center, under the “substantial presence test” as a activities that are prohibited by U.S. Austin, TX 73301-0215 by the due date result of having applied the COVID-19 immigration laws that could result in the (including extensions) for filing Form Medical Condition Travel Exception to loss of your “J” or “Q” visa status. 1040-NR. exclude days of presence in the United Even if you meet these requirements, Penalty for Not Filing Form 8843 States in 2020, see Rev. Proc. 2020-20, you can’t exclude days of presence in 2021 2020-20 I.R.B. 801, available at www.irs. as a teacher or trainee if you were exempt If you don’t file Form 8843 on time, you gov/irb/2020-20_IRB#REV-PROC-2020-20. as a teacher, trainee, or student for any may not exclude the days you were part of 2 of the 6 prior calendar years. But present in the United States as a Exempt Individuals see the Exception below. professional athlete or because of a For purposes of the substantial presence If you qualify to exclude days of medical condition or medical problem that test, an exempt individual includes anyone presence as a teacher or trainee, complete arose while you were in the United States. in the following categories. Parts I and II of Form 8843. If you have a Failure to exclude days of presence in the • A teacher or trainee (defined on this “Q” visa, complete Part I and only lines 6 United States could result in your being page). through 8 of Part II. On line 6, enter the considered a U.S. resident under the name, address, and telephone number of substantial presence test. • A student (defined on the next page). You won’t be penalized if you can show • A professional athlete temporarily present the director of the cultural exchange by clear and convincing evidence that you in the United States to compete in a program in which you participated. took reasonable actions to become aware charitable sports event. of the filing requirements and significant steps to comply with those requirements. |
Enlarge image | Form 8843 (2021) Page 4 Exception. If you were exempt as a 1. Whether you have maintained a closer • You were initially prevented from leaving, teacher, trainee, or student for any part of 2 connection to a foreign country than to the were then able to leave, but remained in of the 6 prior calendar years, you can United States (for details, see Pub. 519), the United States beyond a reasonable exclude days of presence in 2021 as a and period for making arrangements to leave. teacher or trainee only if all four of the 2. Whether you have taken affirmative • You entered or returned to the United following apply. steps to change your status from States for medical treatment. It does not 1. You were exempt as a teacher, nonimmigrant to lawful permanent resident. matter whether you intended to leave the trainee, or student for any part of 3 (or If you qualify to exclude days of United States immediately after the fewer) of the 6 prior calendar years. presence as a student, complete Parts I medical treatment but couldn’t do so 2. A foreign employer paid all your and III of Form 8843. If you have a “Q” because of unforeseen complications from compensation during 2021. visa, complete Part I and only lines 10 the medical treatment. 3. You were present in the United States through 14 of Part III. On line 10, enter the • The medical condition existed before as a teacher or trainee in any of the 6 prior name, address, and telephone number of your arrival in the United States and you years. the director of the cultural exchange were aware of the condition. It does not 4. A foreign employer paid all of your program in which you participated. matter whether you needed treatment for the condition when you entered the United compensation during each of those prior 6 Part IV—Professional Athletes States. years you were present in the United A professional athlete is an individual who Paperwork Reduction Act Notice. We States as a teacher or trainee. is temporarily present in the United States ask for the information on this form to carry For more details, see Pub. 519. to compete in a charitable sports event. out the Internal Revenue laws of the United If you meet this exception, you must For details on charitable sports events, see States. Section 7701(b) and its regulations attach information to verify that a foreign Pub. 519. require that you give us the information. employer paid all the compensation you If you qualify to exclude days of We need it to determine if you can exclude received in 2021 and all prior years that presence as a professional athlete, days of presence in the United States for you were present in the United States as a complete Parts I and IV of Form 8843. purposes of the substantial presence test. teacher or trainee. Part V—Individuals With a Medical You aren’t required to provide the Part III—Students Condition or Medical Problem information requested on a form that is subject to the Paperwork Reduction Act A student is an individual who is For purposes of the substantial presence unless the form displays a valid OMB temporarily present in the United States test, don’t count the days you intended to control number. Books or records relating under an “F,” “J,” “M,” or “Q” visa and who leave the United States but couldn’t do so to a form or its instructions must be substantially complies with the because of a medical condition or medical retained as long as their contents may requirements of the visa. problem that arose while you were in the become material in the administration of If you were a student under an “F,” “J,” United States. Whether you intended to any Internal Revenue law. Generally, tax “M,” or “Q” visa, you are considered to leave the United States on a particular day returns and return information are have substantially complied with the visa is determined based on all the facts and confidential, as required by section 6103. requirements if you haven’t engaged in circumstances. For more details, see Pub. activities that are prohibited by U.S. 519. The average time and expenses required to complete and file this form will vary immigration laws and could result in the If you qualify to exclude days of depending on individual circumstances. loss of your visa status. presence because of a medical condition For the estimated averages, see the Even if you meet these requirements, or medical problem, complete Part I and instructions for your income tax return. you can’t exclude days of presence in 2021 lines 17a through 17c of Part V. Have your as a student if you were exempt as a physician or other medical official complete If you have suggestions for making this teacher, trainee, or student for any part of line 18. form simpler, we would be happy to hear from you. See the instructions for your more than 5 calendar years unless you Note: You cannot exclude any days of income tax return. establish that you don’t intend to reside presence in the United States under any of permanently in the United States. The facts the following circumstances. and circumstances to be considered in determining if you have established that you don’t intend to reside permanently in the United States include, but aren’t limited to: |