Professional Documents
Culture Documents
for Aliens
Treasury
Internal Reminders . . . . . . . . . . . . . . . . . . . 3
Revenue
Service Chapter 1. Nonresident Alien or
Resident Alien? . . . . . . . . . . . . . 3
2014 Returns
Chapter 3. Exclusions From Gross
Income . . . . . . . . . . . . . . . . . 14
Index . . . . . . . . . . . . . . . . . . . . . 66
Future Developments
For the latest information about developments
related to Publication 519, such as legislation
enacted after it was published, go to
www.irs.gov/pub519.
Introduction
For tax purposes, an alien is an individual who
is not a U.S. citizen. Aliens are classified as
nonresident aliens and resident aliens. This
publication will help you determine your status
and give you information you will need to file
your U.S. tax return. Resident aliens generally
are taxed on their worldwide income, the same
as U.S. citizens. Nonresident aliens are taxed
only on their income from sources within the
Get forms and other information faster and easier at: United States and on certain income connected
IRS.gov (English) IRS.gov/Korean () with the conduct of a trade or business in the
IRS.gov/Spanish (Espaol) IRS.gov/Russian (P) United States.
IRS.gov/Chinese () IRS.gov/Vietnamese (TingVit) The information in this publication is not as
comprehensive for resident aliens as it is for
Table A. Where To Find What You Need To Know About U.S. Taxes
Commonly Asked Questions Where To Find The Answer
Can I be a nonresident alien and a resident alien in the same See Dual-Status Aliens in chapter 1.
year? See chapter 6.
I am a resident alien and my spouse is a nonresident alien. Are See Nonresident Spouse Treated as a Resident
there special rules for us? in chapter 1.
See Community Income in chapter 2.
Is my scholarship subject to U.S. tax? See Scholarship Grants, Prizes, and Awards in chapter 2.
See Scholarship and Fellowship Grants in chapter 3.
See chapter 9.
What is the tax rate on my income subject to U.S. tax? See chapter 4.
I moved to the United States this year. Can I deduct my moving See Deductions in chapter 5.
expenses on my U.S. return?
Can I claim exemptions for my spouse and children? See Exemptions in chapter 5.
I pay income taxes to my home country. Can I get credit for these See Tax Credits and Payments in chapter 5.
taxes on my U.S. tax return?
What forms must I file and when and where do I file them? See chapter 7.
Am I eligible for any benefits under a tax treaty? See Income Entitled to Tax Treaty Benefits in chapter 8.
See chapter 9.
Is there anything special I have to do before leaving the United See chapter 11.
States? See Expatriation Tax in chapter 4.
ments and tax provisions. See Expatriation Tax Days you commute to work in the United
States from a residence in Canada or Mex- are not considered to be in transit if you attend
in chapter 4.
ico if you regularly commute from Canada a business meeting while in the United States.
or Mexico. This is true even if the meeting is held at the air-
Termination of residency after June 3,
Days you are in the United States for less port.
2004, and before June 17, 2008. If you termi-
nated your residency after June 3, 2004, and than 24 hours when you are in transit be-
tween two places outside the United Crew members. Do not count the days you
before June 17, 2008, you will still be consid-
States. are temporarily present in the United States as
ered a U.S. resident for tax purposes until you
Days you are in the United States as a a regular crew member of a foreign vessel (boat
notify the Secretary of Homeland Security and
crew member of a foreign vessel. or ship) engaged in transportation between the
file Form 8854, Initial and Annual Expatriation
Days you are unable to leave the United United States and a foreign country or a U.S.
Statement.
States because of a medical condition that possession. However, this exception does not
Termination of residency after June 16, arose while you are in the United States. apply if you otherwise engage in any trade or
2008. For information on your residency termi- Days you are an exempt individual. business in the United States on those days.
nation date, see Former long-term resident un-
der Expatriation After June 16, 2008, in chap- The specific rules that apply to each of these Medical condition. Do not count the days you
ter 4. categories are discussed next. intended to leave, but could not leave the Uni-
ted States because of a medical condition or
Regular commuters from Canada or Mex- problem that arose while you were in the United
Substantial Presence Test ico. Do not count the days on which you com- States. Whether you intended to leave the Uni-
mute to work in the United States from your res- ted States on a particular day is determined
You will be considered a U.S. resident for tax idence in Canada or Mexico if you regularly based on all the facts and circumstances. For
purposes if you meet the substantial presence commute from Canada or Mexico. You are con- example, you may be able to establish that you
test for calendar year 2014. To meet this test, sidered to commute regularly if you commute to intended to leave if your purpose for visiting the
you must be physically present in the United work in the United States on more than 75% of United States could be accomplished during a
States on at least: the workdays during your working period. period that is not long enough to qualify you for
1. 31 days during 2014, and For this purpose, commute means to travel the substantial presence test. However, if you
to work and return to your residence within a need an extended period of time to accomplish
2. 183 days during the 3-year period that in- the purpose of your visit and that period would
24-hour period. Workdays are the days on
cludes 2014, 2013, and 2012, counting: qualify you for the substantial presence test,
which you work in the United States or Canada
a. All the days you were present in 2014, or Mexico. Working period means the period you would not be able to establish an intent to
and beginning with the first day in the current year leave the United States before the end of that
on which you are physically present in the Uni- extended period.
b. 1
3 of the days you were present in
In the case of an individual who is judged
ted States to work and ending on the last day in
2013, and mentally incompetent, proof of intent to leave
the current year on which you are physically
c. 1
6 of the days you were present in present in the United States to work. If your the United States can be determined by analyz-
2012. work requires you to be present in the United ing the individual's pattern of behavior before he
States only on a seasonal or cyclical basis, your or she was judged mentally incompetent.
Example. You were physically present in working period begins on the first day of the If you qualify to exclude days of presence
the United States on 120 days in each of the season or cycle on which you are present in the because of a medical condition, you must file a
years 2012, 2013, and 2014. To determine if United States to work and ends on the last day fully completed Form 8843 with the IRS. See
you meet the substantial presence test for of the season or cycle on which you are present Form 8843, later.
2014, count the full 120 days of presence in in the United States to work. You can have
2014, 40 days in 2013 (1 3 of 120), and 20 days more than one working period in a calendar
in 2012 (1 6 of 120). Because the total for the year, and your working period can begin in one
calendar year and end in the following calendar
year.
presence and the period of continuous ments and tax provisions. See Expatriation Tax
The special instructions and restrictions for
presence in the United States during 2014. in chapter 4.
dual-status taxpayers in chapter 6 do not
The date or dates of absence from the Uni- apply to you.
ted States during 2014 that you are treat- Termination of residency. For information
ing as days of presence. on your residency termination date, see Former
Note. A similar choice is available if, at the
long-term resident under Expatriation After
You cannot file Form 1040 or the statement until end of the tax year, one spouse is a nonresident
June 16, 2008, in chapter 4.
you meet the substantial presence test for alien and the other spouse is a U.S. citizen or
2015. If you have not met the test for 2015 as of resident. See Nonresident Spouse Treated as a
De minimis presence. If you are a U.S. resi-
April 15, 2015, you can request an extension of Resident, later. If you previously made that
dent because of the substantial presence test
time for filing your 2014 Form 1040 until a rea- choice and it is still in effect, you do not need to
and you qualify to use the earlier residency ter-
sonable period after you have met that test. To make the choice explained here.
mination date, you can exclude up to 10 days of
request an extension to file until October 15, actual presence in the United States in deter-
2015, use Form 4868, Application for Automatic Making the choice. You should attach a state-
mining your residency termination date. In de-
Extension of Time To File U.S. Individual In- ment signed by both spouses to your joint re-
termining whether you can exclude up to 10
come Tax Return. You can file the paper form turn for the year of the choice. The statement
days, the following rules apply.
or use one of the electronic filing options ex- must contain the following information.
You can exclude days from more than one
plained in the Form 4868 instructions. You A declaration that you both qualify to make
period of presence as long as the total
should pay with this extension the amount of tax the choice and that you choose to be
days in all periods are not more than 10.
you expect to owe for 2014 figured as if you treated as U.S. residents for the entire tax
You cannot exclude any days in a period of
were a nonresident alien the entire year. You year.
consecutive days of presence if all the
can use Form 1040NR or Form 1040NR-EZ to The name, address, and taxpayer identifi-
days in that period cannot be excluded.
figure the tax. Enter the tax on Form 4868. If cation number (SSN or ITIN) of each
Although you can exclude up to 10 days of
you do not pay the tax due, you will be charged spouse. (If one spouse died, include the
presence in determining your residency
interest on any tax not paid by the regular due name and address of the person who
termination date, you must include those
date of your return, and you may be charged a makes the choice for the deceased
days when determining whether you meet
penalty on the late payment. spouse.)
the substantial presence test.
Once you make the first-year choice, you You generally make this choice when you
may not revoke it without the approval of the In- file your joint return. However, you also can Example. Lola Bovary is a citizen of Malta.
ternal Revenue Service. make the choice by filing Form 1040X, Amen- She came to the United States for the first time
If you do not follow the procedures dis- ded U.S. Individual Income Tax Return. Attach on March 1, 2014, and resided here until Au-
cussed here for making the first-year choice, Form 1040, Form 1040A, or Form 1040EZ and gust 25, 2014. On December 12, 2014, Lola
you will be treated as a nonresident alien for all print Amended across the top of the corrected came to the United States for vacation and
of 2014. However, this does not apply if you can return. If you make the choice with an amended stayed here until December 16, 2014, when she
show by clear and convincing evidence that you return, you and your spouse must also amend returned to Malta. She is able to establish a
took reasonable actions to become aware of any returns that you may have filed after the closer connection to Malta for the period De-
the filing procedures and significant steps to year for which you made the choice. cember 1216. Lola is not a U.S. resident for
comply with the procedures. You generally must file the amended joint tax purposes during 2015 and can establish a
return within 3 years from the date you filed closer connection to Malta for the rest of calen-
Choosing Resident your original U.S. income tax return or 2 years dar year 2014. Lola is a U.S. resident under the
substantial presence test for 2013 because she
Alien Status from the date you paid your income tax for that
year, whichever is later. was present in the United States for 183 days
(178 days for the period March 1 to August 25
If you are a dual-status alien, you can choose to plus 5 days in December). Lola's residency ter-
be treated as a U.S. resident for the entire year Last Year of Residency mination date is August 25, 2014.
if all of the following apply.
You were a nonresident alien at the begin- If you were a U.S. resident in 2014 but are not a Residency during the next year. If you are a
ning of the year. U.S. resident during any part of 2015, you U.S. resident during any part of 2015 and you
You are a resident alien or U.S. citizen at cease to be a U.S. resident on your residency are a resident during any part of 2014, you will
the end of the year. termination date. Your residency termination be treated as a resident through the end of
You are married to a U.S. citizen or resi- date is December 31, 2014, unless you qualify 2014. This applies whether you have a closer
dent alien at the end of the year. for an earlier date as discussed next. connection to a foreign country than the United
chapter 4.
The term foreign employer does not in-
Equipment and other expenses that are
clude a foreign government. Pay from a foreign
not required for enrollment in or attend-
government that is exempt from U.S. income
ance at an eligible educational institution.
tax is discussed in chapter 10. Scholarships and This is true even if the fee must be paid to the
Income from certain annuities. Do not in- Fellowship Grants institution as a condition of enrollment or at-
clude in income any annuity received under a tendance. Scholarship or fellowship amounts
qualified annuity plan or from a qualified trust If you are a candidate for a degree, you may be used to pay these costs are taxable.
exempt from U.S. income tax if you meet both able to exclude from your income part or all of
of the following conditions. the amounts you receive as a qualified scholar- Amounts used to pay expenses that do not
ship. The rules discussed here apply to both qualify. A scholarship amount used to pay any
1. You receive the annuity only because:
resident and nonresident aliens. expense that does not qualify is taxable, even if
a. You performed personal services out- the expense is a fee that must be paid to the in-
side the United States while you were If a nonresident alien receives a grant stitution as a condition of enrollment or attend-
a nonresident alien, or TIP that is not from U.S. sources, it is not ance.
subject to U.S. tax. See Scholarships,
b. You performed personal services in- Grants, Prizes, and Awards in chapter 2 to de- Payment for services. You cannot exclude
side the United States while you were termine whether your grant is from U.S. sour- from income the portion of any scholarship, fel-
a nonresident alien and you met the ces. lowship, or tuition reduction that represents
three conditions, described earlier,
payment for past, present, or future teaching,
under Employees of foreign persons,
A scholarship or fellowship is excludable research, or other services. This is true even if
organizations, or offices.
from income only if: all candidates for a degree are required to per-
2. At the time the first amount is paid as an form the services as a condition for receiving
1. You are a candidate for a degree at an eli-
annuity under the plan (or by the trust), the degree.
gible educational institution, and
90% or more of the employees for whom
contributions or benefits are provided un- 2. You use the scholarship or fellowship to Example. On January 7, Maria Gomez is
der the annuity plan (or under the plan of pay qualified education expenses. notified of a scholarship of $2,500 for the spring
Useful Items
You must furnish a taxpayer identification
number if you are:
Filing Status
You may want to see: An alien who has income effectively con-
nected with the conduct of a U.S. trade or The amount of your tax depends on your filing
business at any time during the year, status. Your filing status is important in deter-
Publication mining whether you can take certain deductions
An alien who has a U.S. office or place of
463 Travel, Entertainment, Gift, and Car business at any time during the year, and credits. The rules for determining your filing
Expenses A nonresident alien spouse treated as a status are different for resident aliens and non-
resident, as discussed in chapter 1, or resident aliens.
501 Exemptions, Standard Deduction,
and Filing Information Any other alien who files a tax return, an
amended return, or a refund claim (but not Resident Aliens
521 Moving Expenses information returns).
526 Charitable Contributions Resident aliens can use the same filing sta-
Social security number (SSN). Generally, tuses available to U.S. citizens. See your form
535 Business Expenses you can get an SSN if you have been lawfully instructions or Publication 501 for more infor-
admitted to the United States for permanent mation on filing status.
597 Information on the United States
residence or under other immigration catego-
Canada Income Tax Treaty
ries that authorize U.S. employment. Married filing jointly. Generally, you can file
Form (and Instructions) To apply for this number, get Form SS-5, as married filing jointly only if both you and your
Application for a Social Security Card, from spouse were resident aliens for the entire tax
W-7 Application for IRS Individual your local Social Security Administration (SSA) year, or if you make one of the choices dis-
Taxpayer Identification Number office or call the SSA at 1-800-772-1213. You cussed in chapter 1 to treat your spouse as a
can also download Form SS-5 from the SSA's resident alien for the entire tax year.
1040 U.S. Individual Income Tax Return
website at www.socialsecurity.gov/ssnumber/
1040NR U.S. Nonresident Alien Income ss5.htm. You must visit an SSA office in person Qualifying widow(er). If your spouse died in
Tax Return and submit your Form SS-5 along with original 2012 or 2013, you did not remarry before the
documentation showing your age, identity, im- end of 2014, and you have a dependent child
1040NR-EZ U.S. Income Tax Return for
migration status, and authority to work in the living with you, you may qualify to file as a quali-
Certain Nonresident Aliens With No
United States. Generally, you will receive your fying widow(er) and use the joint return tax
Dependents
card about 2 weeks after the SSA has all of the rates. This applies only if you could have filed a
2106 Employee Business Expenses necessary information. joint return with your spouse for the year your
spouse died.
2106-EZ Unreimbursed Employee F-1 and M-1 visa holders. If you are an
Business Expenses F-1 or M-1 student, you must also show your Head of household. You can qualify as head
Form I-20. For more information, see SSA Pub- of household if you are unmarried or considered
3903 Moving Expenses
lication 05-10181, International Students and unmarried on the last day of the year and you
4563 Exclusion of Income for Bona Fide Social Security Numbers, available online at pay more than half the cost of keeping up a
Residents of American Samoa www.socialsecurity.gov/pubs/10181.html. home for you and a qualifying person. You must
8959 Additional Medicare Tax J-1 visa holders. If you are a J-1 ex- be a resident alien for the entire tax year.
change visitor, you will also need to show your You are considered unmarried for this pur-
See chapter 12 for information about getting Form DS-2019. For more information, see SSA pose if your spouse was a nonresident alien at
these publications and forms. Publication 05-10107, Foreign Workers and So- any time during the year and you do not make
cial Security Numbers, available online at one of the choices discussed in chapter 1 to
treat your spouse as a resident alien for the en-
Tax Year www.socialsecurity.gov/pubs/10107.html.
tire tax year.
Individual taxpayer identification number
You must figure your income and file a tax re- (ITIN). If you do not have and are not eligible to Note. Even if you are considered unmarried
turn on the basis of an annual accounting pe- get an SSN, you must apply for an ITIN. For de- for head of household purposes because you
riod called a tax year. If you have not previously tails on how to do so, see Form W-7 and its in- are married to a nonresident alien, you may still
established a fiscal tax year, your tax year is the structions. Allow 6 to 10 weeks for the IRS to be considered married for purposes of the
calendar year. A calendar year is 12 consecu- notify you of your ITIN. If you already have an earned income credit. In that case, you will not
tive months ending on December 31. If you ITIN, enter it wherever an SSN is required on be entitled to the credit. See Publication 596 for
have previously established a regular fiscal year your tax return. more information.
(12 consecutive months ending on the last day An ITIN is for tax use only. It does not entitle
of a month other than December or a 5253 you to social security benefits or change your Nonresident Aliens
week year) and are considered to be a U.S. res- employment or immigration status under U.S.
ident for any calendar year, you will be treated law. If you are a nonresident alien filing Form
as a U.S. resident for any part of your fiscal year In addition to those aliens who are required 1040NR, you may be able to use one of the fil-
that falls within that calendar year. to furnish a taxpayer identification number and ing statuses discussed later. If you are filing
are not eligible for an SSN, a Form W-7 must be Form 1040NR-EZ, you can only claim Single
filed for: nonresident alien or Married nonresident
Identification Number Alien individuals who are claimed as de- alien as your filing status.
pendents and are not eligible for an SSN,
A taxpayer identification number must be fur- and Married nonresident alien. Married nonresi-
nished on returns, statements, and other tax-re- Alien spouses who are claimed as exemp- dent aliens who are not married to U.S. citizens
lated documents. For an individual, this is a so- tions and are not eligible for an SSN. or residents generally must use the Tax Table
cial security number (SSN). If you do not have column or the Tax Computation Worksheet for
and are not eligible to get an SSN, you must ap- Employer identification number (EIN). An married filing separate returns when determin-
ply for an individual taxpayer identification num- individual may use an SSN (or ITIN) for individ- ing the tax on income effectively connected with
ber (ITIN). An employer identification number ual taxes and an EIN for business taxes. To ap- a U.S. trade or business.
These deductions include certain medical and standard deduction provided you do not claim the foreign organization is only an administra-
dental expenses, state and local income taxes, itemized deductions. tive arm of the U.S. organization.
real estate taxes, interest you paid on a home Use Worksheet 5-1 to figure your standard For more information about organizations
mortgage, charitable contributions, casualty deduction. If you are married and your spouse that qualify to receive charitable contributions,
and theft losses, and miscellaneous deduc- files a return and itemizes deductions, you can- see Publication 526, Charitable Contributions.
tions. not take the standard deduction.
Contributions from which you benefit. If
If you do not itemize your deductions, you State and local income taxes. You can de- you receive a benefit as a result of making a
can claim the standard deduction for your par- duct state and local income taxes you paid on contribution to a qualified organization, you can
ticular filing status. For further information, see income that is effectively connected with a trade deduct only the amount of your contribution that
Form 1040 and instructions. or business in the United States. If you received is more than the value of the benefit you re-
a refund or rebate in 2014 of taxes you paid in ceive.
an earlier year, do not reduce your deduction by If you pay more than the fair market value to
Nonresident Aliens that amount. Instead, you must include the re- a qualified organization for merchandise,
fund or rebate in income if you deducted the goods, or services, the amount you pay that is
You can deduct certain itemized deductions if taxes in the earlier year and the deduction re- more than the value of the item can be a chari-
you receive income effectively connected with duced your tax. See Recoveries in Publication table contribution. For the excess amount to
your U.S. trade or business. These deductions 525 for details on how to figure the amount to qualify, you must pay it with the intent to make a
include state and local income taxes, charitable include in income. charitable contribution.
contributions to U.S. organizations, casualty
Cash contributions. You cannot deduct a
and theft losses, and miscellaneous deduc- Charitable contributions. You can deduct cash contribution, regardless of the amount, un-
tions. Use Schedule A of Form 1040NR to claim your charitable contributions or gifts to qualified less you keep as a record of the contribution a
itemized deductions. organizations subject to certain limits. Qualified bank record (such as a canceled check, a bank
organizations include organizations that are reli- copy of a canceled check, or a bank statement
If you are filing Form 1040NR-EZ, you can gious, charitable, educational, scientific, or liter- containing the name of the charity, the date,
only claim a deduction for state or local income ary in nature, or that work to prevent cruelty to and the amount) or a written record from the
taxes. If you are claiming any other itemized de- children or animals. Certain organizations that charity. The written record must include the
duction, you must file Form 1040NR. promote national or international amateur name of the charity, date of the contribution,
sports competition are also qualified organiza- and the amount of the contribution.
Standard deduction. Nonresident aliens can- tions. You may deduct a cash contribution of $250
not claim the standard deduction. However, see
Foreign organizations. Contributions or more only if you have a written statement
Students and business apprentices from India,
made directly to a foreign organization are not from the charitable organization showing:
next.
deductible. However, you can deduct contribu- 1. The amount of any money contributed,
Students and business apprentices from tions to a U.S. organization that transfers funds
India. A special rule applies to students and to a charitable foreign organization if the U.S. 2. Whether the organization gave you any
business apprentices who are eligible for the organization controls the use of the funds or if goods or services in return for your contri-
benefits of Article 21(2) of the United StatesIn- bution, and
dia Income Tax Treaty. You can claim the
a. $60,000, if your filing status is married You cannot claim the credit using an ITIN. If a
Earned income generally means wages, salar-
filing jointly, social security card has a legend that says Not
ies, and professional fees for personal services
Valid for Employment and the number was is-
b. $45,000, if your filing status is head of performed.
sued so that you (or your spouse or your quali-
household, or fying child) could receive a federally funded For more information, get Publication 503.
c. $30,000, if your filing status is single, benefit, you cannot claim the earned income
Education credits. If you are a nonresident
married filing separately, or qualifying credit. An example of a federally funded benefit
is Medicaid. If a card has this legend and the in- alien for any part of the year, you generally can-
widow(er).
dividual's immigration status has changed so not claim the education credits. However, if you
Use Form 8880, Credit for Qualified Retirement that the individual is now a U.S. citizen or lawful are married and choose to file a joint return with
Savings Contributions, to figure the credit. For permanent resident, ask the SSA to issue a new a U.S. citizen or resident spouse as discussed
more information, see Publication 590. social security card without the legend. in chapter 1, you may be eligible for these cred-
its.
Child tax credit. You may be able to take this Other information. There are other eligibil-
credit if you have a qualifying child. Retirement savings contributions credit.
ity rules that are not discussed here. For more
A qualifying child for purposes of the child You may qualify for this credit (also known as
information, get Publication 596, Earned In-
tax credit is a child who: the saver's credit) if you made eligible contribu-
come Credit.
Was under age 17 at the end of 2014. tions to an employer-sponsored retirement plan
or to an individual retirement arrangement (IRA)
Is your son, daughter, stepchild, foster
child, brother, sister, stepbrother, stepsis-
Nonresident Aliens in 2014. You cannot claim this credit if:
You were born after January 1, 1997,
ter, half brother, half sister, or a descend- You can claim some of the same credits that
ant of any of them (for example, your You were a full-time student,
resident aliens can claim. You can also report
grandchild, niece, or nephew). certain taxes you paid, are considered to have Your exemption is claimed by someone
Is a U.S. citizen, a U.S. national, or a resi- paid, or that were withheld from your income. else on his or her 2014 tax return, or
dent alien. Your adjusted gross income is more than
Did not provide over half of his or her own $30,000.
support for 2014.
Lived with you more than half of 2014. Use Form 8880 to figure the credit. For more in-
Temporary absences, such as for school, formation, see Publication 590.
using an ITIN. If a social security card has a leg- or determinable income are withheld at a 30%
sis and you do not have wages subject to with-
end that says Not Valid for Employment and the rate or at a lower treaty rate.
holding for 2014, file your return and pay your
number was issued so that you (or your spouse
Tax withheld on partnership income. If you tax by June 15, 2015. You must also make your
or your qualifying child) could receive a feder-
are a foreign partner in a partnership, the part- first payment of estimated tax for 2015 by June
ally funded benefit, you cannot claim the earned
nership will withhold tax on your share of effec- 15, 2015. You cannot file a joint income tax re-
income credit. An example of a federally funded
tively connected taxable income from the part- turn or make joint payments of estimated tax.
benefit is Medicaid. If a card has this legend
nership. The partnership will give you a However, if you are married to a U.S. citizen or
and the individual's immigration status has
statement on Form 8805, Foreign Partner's In- resident, see Nonresident Spouse Treated as a
changed so that the individual is now a U.S. citi-
formation Statement of Section 1446 Withhold- Resident in chapter 1.
zen or lawful permanent resident, ask the SSA
ing Tax, showing the tax withheld. A partnership If you earn wages subject to withholding,
to issue a new social security card without the
that is publicly traded may withhold on your ac- your U.S. income tax return is due by April 15.
legend.
tual distributions of effectively connected in- Your first payment of estimated tax is also due
come. In this case, the partnership will give you by April 15. For information on withholding and
See Publication 596 for more information on
a statement on Form 1042-S. Claim the tax estimated tax, see chapter 8.
the credit.
See chapter 12 for information about getting 1) Standard deduction. You cannot use the
these publications and forms. standard deduction allowed on Form 1040.
However, you can itemize any allowable deduc-
tions.
Tax Year
6. 2) Exemptions. Your total deduction for the
exemptions for your spouse and allowable de-
You must file your tax return on the basis of an
annual accounting period called a tax year. If pendents cannot be more than your taxable in-
come (figured without deducting personal ex-
Dual-Status you have not previously established a fiscal tax
year, your tax year is the calendar year. A cal- emptions) for the period you are a resident
alien.
endar year is 12 consecutive months ending on
Tax Year December 31. If you have previously estab-
lished a regular fiscal year (12 consecutive 3) Head of household. You cannot use the
months ending on the last day of a month other head of household Tax Table column or Tax
than December, or a 5253 week year) and are Computation Worksheet.
Introduction considered to be a U.S. resident for any calen-
4) Joint return. You cannot file a joint return.
dar year, you will be treated as a U.S. resident
You have a dual-status tax year when you have However, see Choosing Resident Alien Status
for any part of your fiscal year that falls within
been both a resident alien and a nonresident under Dual-Status Aliens in chapter 1.
that calendar year.
alien in the same year. Dual status does not re-
fer to your citizenship; it refers only to your resi- 5) Tax rates. If you are married and a nonresi-
dent status in the United States. In determining
your U.S. income tax liability for a dual-status
Income Subject to Tax dent of the United States for all or part of the tax
year and you do not choose to file jointly as dis-
tax year, different rules apply for the part of the cussed in chapter 1, you must use the Tax Ta-
For the part of the year you are a resident alien, ble column or Tax Computation Worksheet for
year you are a resident of the United States and
you are taxed on income from all sources. In- married filing separately to figure your tax on in-
the part of the year you are a nonresident.
come from sources outside the United States is come effectively connected with a U.S. trade or
The most common dual-status tax years are
taxable if you receive it while you are a resident business. You cannot use the Tax Table col-
the years of arrival and departure. See
alien. The income is taxable even if you earned umn or Tax Computation Worksheet for married
Dual-Status Aliens in chapter 1.
it while you were a nonresident alien or if you filing jointly or single. However, you may be
If you are married and choose to be treated
became a nonresident alien after receiving it able to file as single if you lived apart from your
as a U.S. resident for the entire year, as ex-
and before the end of the year. spouse during the last 6 months of the year and
plained in chapter 1, the rules of this chapter do
not apply to you for that year. For the part of the year you are a nonresi- you are a:
dent alien, you are taxed on income from U.S. Married resident of Canada, Mexico, or
South Korea, or
Topics sources and on certain foreign source income
Married U.S. national.
This chapter discusses: treated as effectively connected with a U.S.
trade or business. (The rules for treating foreign See the instructions for Form 1040NR to see if
source income as effectively connected are dis- you qualify.
Income subject to tax,
cussed in chapter 4 under Foreign Income.)
Restrictions for dual-status taxpayers, A U.S. national is an individual who, al-
Income from sources outside the United though not a U.S. citizen, owes his or her alle-
Exemptions, giance to the United States. U.S. nationals in-
States that is not effectively connected with a
How to figure the tax, trade or business in the United States is not tax- clude American Samoans and Northern
Forms to file, able if you receive it while you are a nonresident Mariana Islanders who chose to become U.S.
alien. The income is not taxable even if you nationals instead of U.S. citizens.
When and where to file, and
earned it while you were a resident alien or if
How to fill out a dual-status return. you became a resident alien or a U.S. citizen af- 6) Tax credits. You cannot claim the educa-
ter receiving it and before the end of the year. tion credits, the earned income credit, or the
credit for the elderly or the disabled unless:
Useful Items Income from U.S. sources is taxable You are married, and
You may want to see:
whether you receive it while a nonresident alien You choose to be treated as a resident for
or a resident alien unless specifically exempt all of 2014 by filing a joint return with your
Publication under the Internal Revenue Code or a tax treaty spouse who is a U.S. citizen or resident, as
503 Child and Dependent Care Expenses provision. Generally, tax treaty provisions apply discussed in chapter 1.
only to the part of the year you were a nonresi-
514 Foreign Tax Credit for Individuals dent. In certain cases, however, treaty provi-
575 Pension and Annuity Income sions may apply while you were a resident
alien. See chapter 9 for more information.
Exemptions
When determining what income is taxed in As a dual-status taxpayer, you usually will be
the United States, you must consider able to claim your own personal exemption.
Department of the Treasury Amended Returns A transfer of funds through normal banking
Internal Revenue Service Center and Claims for Refund procedures (wire transfer) that does not involve
Austin, TX 73301-0215 the physical transportation of currency or mone-
If you find changes in your income, deductions, tary instruments is not required to be reported
or credits after you mail your return, file Form on FinCEN Form 105.
If enclosing a payment, mail your return to:
1040X, Amended U.S. Individual Income Tax
Return. Also use Form 1040X if you should Filing requirements. FinCEN Form 105 filing
Internal Revenue Service
have filed Form 1040, 1040A, or 1040EZ in- requirements follow.
P.O. Box 1303
Charlotte, NC 28201-1303 stead of Form 1040NR or 1040NR-EZ, or vice Recipients. Each person who receives cur-
versa. If you amend Form 1040NR or Form rency or other monetary instruments in the Uni-
1040NR-EZ or file the correct return, attach the ted States must file FinCEN Form 105 within 15
Aliens from the U.S. Virgin Islands.
corrected return (Form 1040, Form 1040NR, days after receipt, with the Customs officer in
If you are a bona fide resident of the etc.) to Form 1040X. Print Amended across charge at any port of entry or departure, or by
U.S. Virgin Islands during your entire the top. Ordinarily, an amended return claiming mail at the following address.
tax year and work temporarily in the a refund must be filed within 3 years from the
United States, you must pay your income taxes date your return was filed or within 2 years from Commissioner of Customs
to the U.S. Virgin Islands and file your income the time the tax was paid, whichever is later. A Attention: Currency Transportation
tax returns at the following address. return filed before the final due date is consid- Reports
ered to have been filed on the due date. Washington, DC 20229
Virgin Islands Bureau of Internal Revenue
6115 Estate Smith Bay
Suite 225
Other Forms You Shippers or mailers. If the currency or
St. Thomas, VI 00802 May Have To File other monetary instrument does not accompany
the person entering or departing the United
You may be required to file information returns States, FinCEN Form 105 can be filed by mail
Report all income from U.S. sources, as well to report certain foreign income or assets, or at the above address on or before the date of
as income from other sources, on your return. monetary transactions. entry, departure, mailing, or shipping.
For information on filing U.S. Virgin Islands re- Travelers. Travelers must file FinCEN
turns, contact the U.S. Virgin Islands Bureau of
Internal Revenue.
FinCEN Form 105 Form 105 with the Customs officer in charge at
any Customs port of entry or departure, when
Chapter 8 discusses withholding from U.S. FinCEN Form 105, Report of International entering or departing the United States.
wages of U.S. Virgin Islanders. Transportation of Currency or Monetary Instru-
ments, must be filed by each person who physi- Penalties. Civil and criminal penalties are pro-
Aliens from Guam or the Commonwealth of cally transports, mails, or ships, or causes to be vided for failing to file a report, filing a report
the Northern Mariana Islands. If you are a physically transported, mailed, or shipped, cur- containing material omissions or misstate-
bona fide resident of Guam or the Common- rency or other monetary instruments in a total ments, or filing a false or fraudulent report. Also,
wealth of the Northern Mariana Islands (CNMI) amount of more than $10,000 at one time from the entire amount of the currency or monetary
during your entire tax year, you must file your instrument may be subject to seizure and forfei-
the United States to any place outside the Uni-
return with, and pay any tax due to, Guam or ture.
ted States, or into the United States from any
the CNMI. Report all income, including income
place outside the United States. The filing re-
from U.S. sources, on your return. It is not nec- More information. More information regard-
quirement also applies to each person who re-
essary to file a separate U.S. income tax return. ing the filing of FinCEN Form 105 can be found
ceives in the United States currency or mone-
Bona fide residents of Guam should tary instruments totaling more than $10,000 at in the instructions on the back of the form.
file their Guam returns at the following one time from any place outside of the United
address. States. Form 8938
The term monetary instruments means the You may have to file Form 8938, Statement of
Department of Revenue and Taxation following: Specified Foreign Financial Assets, to report
Government of Guam Coin and currency of the United States or the ownership of specified foreign financial as-
P.O. Box 23607 of any other country, set(s) if you are one of the following individuals.
GMF, GU 96921 Travelers' checks in any form, A resident alien of the United States for
any part of the tax year.
Investment securities or stock in bearer
A resident alien of the United States who
Bona fide residents of the CNMI form or otherwise in such form that title to
elects to be treated as a resident of a for-
should file their CNMI income tax re- them passes upon delivery,
eign country under the provisions of a U.S.
turns at the following address. Negotiable instruments (including checks,
income tax treaty. See Effect of Tax Trea-
promissory notes, and money orders) in
ties in chapter 1.
bearer form, endorsed without restriction,
A nonresident alien who makes an election
Department of Finance made out to a fictitious payee, or otherwise
to be treated as a resident alien for purpo-
Division of Revenue and Taxation in such form that title to them passes upon
ses of filing a joint income tax return. See
Commonwealth of the Northern Mariana delivery, and
chapter 1 for information about this elec-
Islands Checks, promissory notes, and money or-
tion.
P.O. Box 5234 CHRB ders which are signed but on which the
A nonresident alien who is a bona fide resi-
Saipan, MP 96950 name of the payee has been omitted.
dent of American Samoa or Puerto Rico.
However, the term does not include: See Publication 570, Tax Guide for Individ-
Checks or money orders made payable to uals With Income From U.S. Possessions,
the order of a named person which have for a definition of bona fide resident.
extended due date, the minimum penalty is the lished in the Internal Revenue Bulletin that in-
The law provides penalties for failure to file re- smaller of $135 (adjusted for inflation for returns volve the same or similar circumstances as
turns or pay taxes as required. required to be filed in a calendar year beginning yours.
after 2014) or 100% of the unpaid tax.
Civil Penalties Disclosure statement. To adequately dis-
close the relevant facts about your tax treat-
Accuracy-related penalty. You may have to
pay an accuracy-related penalty if you under- ment of an item, use Form 8275, Disclosure
If you do not file your return and pay your tax by pay your tax because: Statement. You must also have a reasonable
the due date, you may have to pay a penalty. You show negligence or disregard of rules basis for treating the item the way you did.
You may also have to pay a penalty if you sub- or regulations, In cases of substantial understatement only,
stantially understate your tax, file a frivolous tax You substantially understate your income items that meet the requirements of Revenue
submission, or fail to supply your taxpayer iden- tax, Procedure 2014-15 available at www.irs.gov/
tification number. If you provide fraudulent infor- You claim tax benefits for a transaction that irb/2014-5_IRB/ar09.html (or later update) are
mation on your return, you may have to pay a lacks economic substance, or considered adequately disclosed on your return
civil fraud penalty. You fail to disclose a foreign financial as- without filing Form 8275.
set. Use Form 8275-R, Regulation Disclosure
Filing late. If you do not file your return by the Statement, to disclose items or positions con-
due date (including extensions), you may have The penalty is equal to 20% of the underpay-
trary to regulations.
to pay a failure-to-file penalty. The penalty is ment. The penalty is 40% of any portion of the
based on the tax not paid by the due date (with- underpayment that is attributable to an undis- Transaction lacking economic sub-
out regard to extensions). The penalty is usually closed noneconomic substance transaction or stance. For more information on economic
5% for each month or part of a month that a re- an undisclosed foreign financial asset transac- substance, see section 7701(o).
turn is late, but not more than 25%. tion. The penalty will not be figured on any part
of an underpayment on which the fraud penalty Foreign financial asset. For more infor-
Fraud. If your failure to file is due to fraud, (discussed later) is charged. mation on undisclosed foreign financial assets,
the penalty is 15% for each month or part of a see section 6662(j) or the Instructions for Form
month that your return is late, up to a maximum Negligence or disregard. The term negli- 8938.
of 75%. gence includes a failure to make a reasonable
attempt to comply with the tax law or to exercise Reasonable cause. You will not have to
Return over 60 days late. If you file your ordinary and reasonable care in preparing a re- pay a penalty if you show a good reason (rea-
return more than 60 days after the due date or turn. Negligence also includes failure to keep sonable cause) for the way you treated an item.
extended due date, the minimum penalty is the adequate books and records. You will not have You must also show that you acted in good
smaller of $135 (adjusted for inflation for returns to pay a negligence penalty if you have a rea- faith. This does not apply to a transaction that
required to be filed in a calendar year beginning sonable basis for a position you took. lacks economic substance.
after 2014) or 100% of the unpaid tax. The term disregard includes any careless,
reckless, or intentional disregard. Filing erroneous claim for refund or credit.
Exception. You will not have to pay the You may have to pay a penalty if you file an er-
penalty if you show that you failed to file on time Adequate disclosure. You can avoid the roneous claim for refund or credit. The penalty
because of reasonable cause and not because penalty for disregard of rules or regulations if is equal to 20% of the disallowed amount of the
of willful neglect. you adequately disclose on your return a posi- claim, unless you can show a reasonable basis
tion that has at least a reasonable basis. See for the way you treated an item. However, any
Paying tax late. You will have to pay a fail- Disclosure statement, later. disallowed amount due to a transaction that
ure-to-pay penalty of 1 2 of 1% (.50%) of your un- This exception will not apply to an item that lacks economic substance will not be treated as
paid taxes for each month, or part of a month, is attributable to a tax shelter. In addition, it will having a reasonable basis. The penalty will not
after the due date that the tax is not paid. This not apply if you fail to keep adequate books and be figured on any part of the disallowed amount
penalty does not apply during the automatic records, or substantiate items properly. of the claim that relates to the earned income
6-month extension of time to file period, if you credit or on which the accuracy-related or fraud
paid at least 90% of your actual tax liability on penalties are charged.
Tax Treaty Benefits Tax Withheld on 5. The buyer receives a withholding certifi-
cate from the Internal Revenue Service.
If a tax treaty between the United States and
Real Property Sales 6. You give the buyer written notice that you
your country provides an exemption from, or a are not required to recognize any gain or
reduced rate of, tax for certain items of income, If you are a nonresident alien and you dispose
loss on the transfer because of a nonre-
you should notify the payor of the income (the of a U.S. real property interest, the transferee
cognition provision in the Internal Revenue
withholding agent) of your foreign status to (buyer) of the property generally must withhold
Code or a provision in a U.S. tax treaty.
claim a tax treaty withholding exemption. Gen- a tax equal to 10% of the amount realized on
The buyer must file a copy of the notice
erally, you do this by filing either Form W-8BEN the disposition.
with the Ogden Service Center, P.O. Box
or Form 8233 with the withholding agent. 409101, Ogden, UT 84409. You must ver-
A distribution by a qualified investment entity
File Form W-8BEN for income that is not to a nonresident alien shareholder that is ify the notice as true and sign it under pen-
personal services income. File Form 8233 for treated as gain from the sale or exchange of a alties of perjury. The notice must contain
personal services income as discussed next. U.S. real property interest by the shareholder is the following information.
subject to withholding at 35%. Withholding is a. A statement that the notice is a notice
Employees and independent contractors. If also required on certain distributions and other of nonrecognition under regulation
you perform personal services as an employee transactions by domestic or foreign corpora- section 1.1445-2(d)(2).
or as an independent contractor and you can tions, partnerships, trusts, and estates. These
claim an exemption from withholding on that rules are covered in Publication 515. b. Your name, taxpayer identification
personal service income because of a tax number, and home address.
treaty, give Form 8233 to each withholding For information on the tax treatment of dis-
c. A statement that you are not required
agent from whom amounts will be received. positions of U.S. real property interests, see
to recognize any gain or loss on the
Even if you submit Form 8233, the withhold- Real Property Gain or Loss in chapter 4.
transfer.
ing agent may have to withhold tax from your in-
If you are a partner in a domestic partner- d. A brief description of the transfer.
come. This is because the factors on which the
ship, and the partnership disposes of a U.S.
treaty exemption is based may not be determi- e. A brief summary of the law and facts
real property interest at a gain, the partnership
nable until after the close of the tax year. In this supporting your claim that recognition
will withhold tax on the amount of gain allocable
case, you must file Form 1040NR (or Form of gain or loss is not required.
to its foreign partners. Your share of the income
1040NR-EZ if you qualify) to recover any over-
and tax withheld will be reported to you on Form You may not give the buyer a written
withheld tax and to provide the IRS with proof
8805, Foreign Partner's Information Statement notice for any of the following transfers:
that you are entitled to the treaty exemption.
of Section 1446 Withholding Tax, or Form the sale of your main home on which you
Students, teachers, and researchers. 1042-S, Foreign Person's U.S. Source Income
exclude gain, a like-kind exchange that
Students, teachers, and researchers must at- Subject to Withholding (in the case of a publicly
does not qualify for nonrecognition treat-
tach the appropriate statement shown in Ap- traded partnership).
ment in its entirety, or a deferred like-kind
pendix A (for students) or Appendix B (for exchange that has not been completed at
teachers and researchers) at the end of this Withholding is not required in the following
situations. the time the buyer must file Form 8288. In-
publication to the Form 8233 and give it to the stead, a withholding certificate (described
withholding agent. For treaties not listed in the 1. The property is acquired by the buyer for next) must be obtained.
appendices, attach a statement in a format sim- use as a residence and the amount real-
ilar to those for other treaties. ized (sales price) is not more than 7. The amount you realize on the transfer of
If you received a scholarship or fellowship $300,000. a U.S. real property interest is zero.
and personal services income from the same 8. The property is acquired by the United
withholding agent, use Form 8233 to claim an 2. The property disposed of is an interest in a
domestic corporation if any class of stock States, a U.S. state or possession, a politi-
exemption from withholding based on a tax cal subdivision, or the District of Columbia.
treaty for both types of income. of the corporation is regularly traded on an
established securities market. However, 9. The distribution is from a domestically
Special events and promotions. Withholding this exception does not apply to certain controlled qualified investment entity (QIE)
at the full 30% rate is required for payments dispositions of substantial amounts of and is treated as a distribution of a U.S.
made to a nonresident alien or foreign corpora- non-publicly traded interests in publicly real property interest only because an in-
tion for gate receipts (or television or other re- traded corporations. terest in the entity was disposed of in an
ceipts) from rock music festivals, boxing promo- 3. The property disposed of is an interest in a applicable wash sale transaction. For the
tions, and other entertainment or sporting U.S. corporation that is not regularly tra- definition of a QIE, see Qualified invest-
events, unless the withholding agent has been ded on an established market and you ment entities under Real Property Gain or
specifically advised otherwise by letter from the (the seller) give the buyer a copy of a Loss, earlier. See Wash sale under Real
IRS. Form 13930 is used to request a reduction statement issued by the corporation certi- Property Gain or Loss in chapter 4.
in withholding. Withholding may be required fying that the interest is not a U.S. real
even if the income may be exempt from taxation The certifications in (3) and (4) must be dis-
property interest. regarded by the buyer if the buyer or qualified
by provisions of a tax treaty. One reason for this
is that the partial or complete exemption is usu- 4. You (the seller) give the buyer a certifica- substitute has actual knowledge, or receives
ally based on factors that cannot be determined tion stating, under penalties of perjury, that notice from a seller's or buyer's agent (or substi-
until after the close of the tax year. you are not a foreign person, and contain- tute), that they are false. This also applies to the
ing your name, U.S. taxpayer identification qualified substitute's statement under (4).
number, and home address.
You can give the certification to a quali- Withholding certificates. The tax required to
fied substitute. The qualified substitute be withheld on a disposition can be reduced or
1
Information on the treaty can be found in Publication 597, Information on the United States-Canada Income Tax Treaty.
2
The U.S.-U.S.S.R. income tax treaty applies to the countries of Armenia, Azerbaijan, Belarus, Georgia, Kyrgyzstan, Moldova, Tajikistan,
Turkmenistan, and Uzbekistan.