u/Jeetvillainyr/taxMar 9, 2026
If you first arrived in August 2026 and sell in 2026, you do not owe the federal nonresident capital-gains tax on these ordinary investment gains because you cannot reach 183 actual U.S. days that year—but Pennsylvania may tax you if you became its resident, and selling in INR instead of USD does not change the rule.
“I am an F1 student in Pennsylvania who arrived in August 2026. I need to sell over $20k in FAANG RSUs and over $20k in Indian mutual funds, all held for over a year. Do I have to pay US capital gains tax on these sales, and does the 183-day rule exempt me? Also, does it matter if I sell the FAANG stocks in USD versus INR?”
Summary
Selling more than $20,000 does not, by itself, mean you owe tax on $20,000. For a first August 2026 arrival, the federal nonresident capital-gains rule gives you a clear answer for sales made in 2026; the important remaining check is Pennsylvania residency and any separate income from the RSUs.
The deciding fork is when you sell and whether you are a federal and Pennsylvania tax resident at that time.
If August was your first U.S. arrival and you have no earlier 2026 visits, you cannot reach 183 days of actual presence by December 31. While you are a , the federal tax on nonresident capital gains under 26 USC 871(a)(2) therefore does not apply to these ordinary investment sales, whether the assets are FAANG shares or Indian mutual funds. Separate U.S.-source compensation and possible Pennsylvania tax still need attention. [26 USC 871(a)(2)](https://www.govinfo.gov/content/pkg/USCODE-2024-title26/html/USCODE-2024-title26-subtitleA-chap1-subchapN-partII-subpartA-sec871.htm); [PA filing guide](https://www.pa.gov/agencies/revenue/forms-and-publications/pa-personal-income-tax-guide/brief-overview-and-filing-requirements).
You may remain a federal under the F-1 student-day rule yet spend at least 183 actual days here. In that case, 26 USC 871(a)(2) taxes net U.S.-source capital gains at 30%, subject to an applicable treaty rate. A U.S. can make gains on either the FAANG shares or Indian funds U.S.-source; holding them over a year does not itself remove this flat tax. [IRS student guidance](https://www.irs.gov/individuals/international-taxpayers/exempt-individual-who-is-a-student); [26 USC 871(a)(2)](https://www.govinfo.gov/content/pkg/USCODE-2024-title26/html/USCODE-2024-title26-subtitleA-chap1-subchapN-partII-subpartA-sec871.htm); [26 USC 865(g)](https://www.govinfo.gov/content/pkg/USCODE-2024-title26/html/USCODE-2024-title26-subtitleA-chap1-subchapN-partI-sec865.htm).
If you are still a federal and your genuinely remains outside the United States, ordinary personal-property sale gains generally are foreign-source under 26 USC 865. The 183-day levy reaches U.S.-source gains, not those foreign-source gains; where you receive the sale money does not establish your tax home. [26 USC 865(a), (g)](https://www.govinfo.gov/content/pkg/USCODE-2024-title26/html/USCODE-2024-title26-subtitleA-chap1-subchapN-partI-sec865.htm); [26 USC 871(a)(2)](https://www.govinfo.gov/content/pkg/USCODE-2024-title26/html/USCODE-2024-title26-subtitleA-chap1-subchapN-partII-subpartA-sec871.htm).
If you later become a U.S. tax resident—for example, after student-day exclusions cease to apply—the nonresident capital-gains rule is no longer your answer: U.S. tax residents report worldwide income. Identify each Indian fund before assuming ordinary long-term-gain treatment, because a qualifying has separate rules. [IRS student guidance](https://www.irs.gov/individuals/international-taxpayers/exempt-individual-who-is-a-student); [IRS Publication 519](https://www.irs.gov/pub/irs-pdf/p519.pdf); [Form 8621 instructions](https://www.irs.gov/pub/irs-pdf/i8621.pdf).
Pennsylvania residency is a separate question in every option: a Pennsylvania resident can owe state tax even when the federal capital gain is untaxed.
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Watch out for
Next steps
These actions establish which tax rules apply, what the actual gains are, and which 2026 filings you need.
Before choosing a sale date
Fix the sale year and both residency records
For a first entry between August 1 and August 31, 2026, no more than 153 days remain through December 31. Count actual U.S. days separately from the F-1 student days excluded for federal tax-residency purposes. Also establish whether you changed your to Pennsylvania; student housing alone does not establish the state's separate permanent-abode condition. [26 USC 871(a)(2)](https://www.govinfo.gov/content/pkg/USCODE-2024-title26/html/USCODE-2024-title26-subtitleA-chap1-subchapN-partII-subpartA-sec871.htm); [IRS student guidance](https://www.irs.gov/individuals/international-taxpayers/exempt-individual-who-is-a-student); [PA residency rules](https://www.pa.gov/agencies/revenue/resources/tax-types-and-information/personal-income-tax/determining-residency).
Requirements
For each proposed sale
Calculate each gain in U.S. dollars
Work out sale proceeds minus for each holding; separate any value received as compensation from later share appreciation. The IRS generally requires federal calculations in U.S. dollars and translation at the applicable transaction-time exchange rate. Receiving INR instead of USD does not change where the gain is sourced or supply an exemption, though exchange-rate movements can affect the dollar amount calculated. [IRS Publication 551](https://www.irs.gov/publications/p551); [IRS currency guidance](https://www.irs.gov/individuals/international-taxpayers/foreign-currency-and-currency-exchange-rates); [26 USC 865](https://www.govinfo.gov/content/pkg/USCODE-2024-title26/html/USCODE-2024-title26-subtitleA-chap1-subchapN-partI-sec865.htm).
Requirements
After 2026 ends
File your 2026 federal student form and any required return
Complete the 2026 Form 8843 to claim the student-day exclusion. If you must file Form 1040-NR for other income, attach Form 8843; otherwise mail the standalone form to Department of the Treasury, Internal Revenue Service Center, Austin, TX 73301-0215. Under the currently published filing instructions, the 2026 Form 1040-NR deadline is April 15, 2027 if you received employee wages subject to U.S. withholding, or June 15, 2027 if you did not; the standalone Form 8843 uses the applicable 1040-NR deadline. The [currently posted Form 8843 PDF](https://www.irs.gov/pub/irs-pdf/f8843.pdf) is labeled 2025, so use its 2026 edition when issued. [IRS student guidance](https://www.irs.gov/individuals/international-taxpayers/exempt-individual-who-is-a-student); [Form 8843](https://www.irs.gov/pub/irs-pdf/f8843.pdf); [Form 1040-NR instructions](https://www.irs.gov/instructions/i1040nr).
Requirements
By April 15, 2027 if required
File a Pennsylvania return if your income requires one
If you were a Pennsylvania resident when you realized taxable investment gains, report the applicable gains to the Pennsylvania Department of Revenue on PA-40 and its gains schedule; Pennsylvania's rate is 3.07%, with no long-term-gain preference. A PA-40 is required when income generates at least $1 of tax, even if withholding covers it. The department's normal deadline for a 2026 return is April 15, 2027; its [PA-40 filing rules](https://www.pa.gov/agencies/revenue/forms-and-publications/pa-personal-income-tax-guide/brief-overview-and-filing-requirements) and [gain rules](https://www.pa.gov/agencies/revenue/forms-and-publications/pa-personal-income-tax-guide/net-gains-losses-from-the-sale,-exchange,-or-disposition-of-property) describe those filings. If you remained a Pennsylvania nonresident and these were ordinary personal investment sales, those intangible-property gains generally are not Pennsylvania-taxable. [PA filing guide](https://www.pa.gov/agencies/revenue/forms-and-publications/pa-personal-income-tax-guide/brief-overview-and-filing-requirements).
Requirements
Others who faced this
You are not the first to go through this. Here is how it went for others who asked the same thing.
Legal sources
This answer draws on the Internal Revenue Code, IRS forms and guidance, the U.S.–India tax treaty, and Pennsylvania Department of Revenue rules.
IRS, Exempt Individual Who Is a Student
F-1 student presence is generally excluded for federal tax-residency counting during the permitted student years, with limits for prior exempt years.
You will not be an exempt individual as a student if you have been exempt as a teacher, trainee, student, Exchange Visitor, or Cultural Exchange Visitor on an "F, " "J, " "M, " or "Q " visa for any part of more than 5 calendar years, unless you establish to the satisfaction of the IRS that you do not intend to reside permanently in the United States, and you have substantially complied with the requirements of your nonimmigrant status.
26 USC 871(a)(2)
The separate nonresident tax applies to net U.S.-source capital gains after at least 183 days of actual presence in the tax year.
(a)(2)
In the case of a nonresident alien individual present in the United States for a period or periods aggregating 183 days or more during the taxable year, there is hereby imposed for such year a tax of 30 percent of the amount by which his gains, derived from sources within the United States, from the sale or exchange at any time during such year of capital assets exceed his losses, allocable to sources within the United States, from the sale or exchange at any time during such year of capital assets.
26 USC 865(a), (g)
Personal-property sales by nonresidents are generally foreign-source, subject to the statute's special definition involving a U.S. tax home.
(a)(2)
(2) by a nonresident shall be sourced outside the United States.
26 USC 865(g)(1)(A)
For these sourcing rules, an otherwise nonresident individual with a U.S. tax home falls within the statute's special U.S.-resident definition.
(g)(1)(A)(i)(II)
(II) is a nonresident alien and has a tax home (as so defined) in the United States
IRS, Taxation of Capital Gains of Nonresident Students
The IRS explains why shares of foreign funds can produce U.S.-source gains for a nonresident student with a U.S. tax home.
Gain or loss from the sale or exchange of personal property generally has its source in the U.S. if the nonresident has a tax home in the U.S.
PA Department of Revenue, Determining Residency
Pennsylvania's permanent-abode test does not automatically make a college student's housing a permanent abode.
Further, college dormitories, fraternity houses, sorority houses and off-campus rentals by students enrolled in college or universities do not qualify as permanent abodes.
PA Personal Income Tax Guide, Filing Requirements
Pennsylvania residents are taxed on applicable income regardless of where the investment is located.
Pennsylvania residents are subject to Pennsylvania personal income tax (PA PIT) on all Pennsylvania taxable income classes, both Pennsylvania and non-Pennsylvania source income, though they may qualify for a resident credit for tax paid to other states on income earned outside of Pennsylvania.
PA Personal Income Tax Guide, Filing Requirements
An ordinary investment gain on intangible property generally is not taxed by Pennsylvania when the investor is a nonresident.
Nonresidents are not subject to Pennsylvania tax on ordinary interest and dividends from investments, or gains realized on the sale, exchange, or disposition of intangible property derived from sources within Pennsylvania.
PA Department of Revenue, Personal Income Tax
Pennsylvania's personal income tax rate is 3.07%.
Pennsylvania personal income tax is levied at the rate of 3.07 percent against taxable income of resident and nonresident individuals, estates, trusts, partnerships, S corporations, business trusts and limited liability companies not federally taxed as corporations.
PA Personal Income Tax Guide, Net Gains
Pennsylvania does not give a different rate merely because the assets were held more than a year.
There are no provisions for long-term and short-term gains.
IRS Publication 551
Shares received as compensation have a basis calculation distinct from their later sale proceeds.
Property Received for Services
If you receive property for services, include the property's FMV in income. The amount you include in income becomes your basis.
IRS, Foreign Currency and Currency Exchange Rates
Federal tax calculations normally use U.S. dollars, rather than allowing the sale currency to determine taxability.
The U.S. dollar is the functional currency for all taxpayers except some qualified business units (QBUs).
U.S.–India Tax Convention, Article 13
The U.S.–India treaty does not categorically exempt investment-sale gains from tax in either country.
Article 13
Except as provided in Article 8 (Shipping and Air Transport) of this Convention, each Contracting state may tax capital gains in accordance with the provisions of its domestic law.
U.S.–India Tax Convention, Article 21
The treaty's student provision is limited to specified support payments, rather than being a general investment-gain exemption.
Article 21(1)
A student or business apprentice who is or was a resident of one of the Contracting States immediately before visiting the other Contracting state and who is present in that other state principally for the purpose of his education or training shall be exempt from tax in that other state, on payments which arise outside that other state for the purposes of his maintenance, education or training.
IRS, Exempt Individual Who Is a Student
A qualifying F-1 student files Form 8843 to exclude student days for tax-residency counting.
If you qualify to exclude days of presence as a student, you must file a fully-completed Form 8843, Statement for Exempt Individuals and Individuals with a Medical Condition with the IRS.
Form 8843, 2025 edition
The currently posted 2025 Form 8843 gives the mailing destination and ties a standalone filing to the Form 1040-NR due date.
When and Where To File
If you don’t have to file a 2025 tax return, mail Form 8843 to the Department of the Treasury, Internal Revenue Service Center, Austin, TX 73301-0215 by the due date (including extensions) for filing Form 1040-NR.
Instructions for Form 1040-NR, 2025 edition
The published Form 1040-NR instructions set the earlier filing deadline when employee wages were subject to U.S. withholding.
When To File
If you were an employee and received wages subject to U.S. income tax withholding, file Form 1040-NR by the 15th day of the 4th month after your tax year ends.
Instructions for Form 1040-NR, 2025 edition
The published Form 1040-NR instructions give the later deadline when there were no employee wages subject to U.S. withholding.
When To File
If you didn’t receive wages as an employee subject to U.S. income tax withholding, file Form 1040-NR by the 15th day of the 6th month after your tax year ends.
PA Personal Income Tax Guide, Filing Requirements
Pennsylvania specifies when an individual must submit its PA-40 return.
Who Must File
Every resident, part-year resident or nonresident individual must file a Pennsylvania Income Tax Return (PA-40) when he or she realizes income generating $1 or more in tax, even if no tax is due
PA Personal Income Tax Guide, Filing Requirements
Pennsylvania normally requires its individual return by April 15 following the tax year.
When To File
You must file before midnight, April 15 or the next business day if April 15 falls on a Saturday, Sunday or IRS recognized holiday.
Instructions for Form 8621
U.S. persons with qualifying foreign fund holdings may face special PFIC reporting when they sell.
Who Must File
Recognizes gain on a direct or indirect disposition of PFIC stock,
IRS Publication 519
The resident-taxpayer branch differs from the nonresident capital-gains branch.
This means that their worldwide income is subject to U.S. tax and must be reported on their U.S. tax return.
These are official rules reflected in the cited texts available as of October 6, 2026; tax rules and the not-yet-issued 2026 filing forms can change.
This is general information about official immigration and tax processes, not legal advice, and SettleKit is not a law firm.

