- Filing Resident and Nonresident Alien Income Tax Returns
Filing Resident and Nonresident Alien Income Tax Returns
If you are a resident or nonresident alien who had income from a U.S. source in 2006, you must file a U.S. income tax return. This applies to students, employees, and business owners who earn or receive wages, scholarships, grants, prizes, investment income, or capital gains subject to U.S. tax.
IRS Publication 519, U.S. Tax Guide for Aliens provides detailed information. Here we provide an overview. Read through this entire article or follow one of the links below to a specific section:
There are two tests for determining your residency status. These are described in detail in IRS Publication 519.
In brief:
The Green Card Test - You are considered a U.S. resident for tax purposes beginning on the day you are issued an alien registration card by the Immigration and Naturalization Service (INS). Use Form 1040: U.S. Individual Income Tax Return to prepare and file your taxes.
The Substantial Presence Test - You are considered a U.S. resident for tax purposes if you were physically present in the U.S. for at least:
- 31 days of the current year, and
- 183 days of the three-year period that includes the current year and the two years immediately preceding, including:
- all of the days you were present in the current year (2006)
- 1/3 of the days you were present in the first preceding year (2005)
- 1/6 of the days you were present in the second preceding year (2004)
The Substantial Presence Test does not include:
- days you commute to work in the U.S. from your home in Canada or Mexico, if you regularly commute from Canada or Mexico
- days you are in the U.S. for less than 24 hours when in transit between two places outside the U.S.
- days you are in the U.S. as a crew member of a foreign vessel
- days you are unable to leave the U.S. because of a medical condition that started while you were in the U.S.
- days you are an exempt individual
Exempt individuals
In this case, the term "exempt" refers to your days present in the U.S. that do not count toward the Substantial Presence Test. Exempt individuals are not exempt from U.S. income tax.
Examples of exempt individuals might include teachers, trainees, students, and family members. However, specific rules apply in each case. See IRS Publication 519 for details and to determine whether or not you're exempt. Exempt individuals must file Form 8843: Statement for Exempt Individuals, even if not filing an income tax return.
If, based on one of these tests, you are considered a U.S. resident for tax purposes, you should file Form 1040: U.S. Individual Income Tax Return. If you are not considered a U.S. resident for tax purposes, you should file Form 1040NR: U.S. Nonresident Alien Income Tax Return.
Note: Form 1040NR is not available in TurboTax. You may download this form from the IRS Website at http://www.irs.gov/pub/irs-pdf/f1040nr.pdf.
It is possible to be a nonresident alien and a resident alien in the same tax year. This usually occurs when you arrive in or leave the U.S. during the tax year but there are exceptions. Different rules apply for the part of the year you are a resident of the United States and the part of the year you are a nonresident. See IRS Publication 519, Chapter 6 Dual-Status Tax Year to learn how dual-status affects your tax return.
Resident aliens generally file Form 1040: U.S. Individual Income Tax Return, just as if a U.S. citizen. Report income from all sources, in and outside of the U.S.
Nonresident aliens are required to file Form 1040NR: U.S. Nonresident Alien Income Tax Return. Generally, only income from a U.S. source is reported. Certain exceptions apply. See IRS Publication 519.
Note: Form 1040NR is not available in TurboTax. You may download this form from the IRS Website at http://www.irs.gov/pub/irs-pdf/f1040nr.pdf.
For tax purposes, a nonresident alien's income, subject to U.S. tax, is separated into two categories: income effectively connected with a trade or business in the U.S. and income not effectively connected to a trade or business in the U.S. Each category of income is taxed differently and subject to different rules.
Examples of effectively connected income might include:
- wages and salaries reported on Form W-2
- other income (such as scholarships, grants, or stipends) reported on Form 1042-S
Examples of not effectively connected income might include:
- capital gains
- gambling winnings
- prizes and awards
- investment income
You're taxed on not effectively connected income at a 30% tax rate or, in some cases, a lower rate based on tax treaties between your home country and the U.S. See IRS Publication 519 and Income Tax Treaties for more information.
You have the option of filing a joint return with your spouse as a resident alien if your spouse was a U.S. citizen or resident alien on the last day of the tax year. This can benefit your tax situation as you can claim exemptions and deductions unavailable to nonresident aliens.
See IRS Publication 519, Chapter 1 for details and help deciding if this is the right option for you.
If you are a student in a U.S. degree-granting program, your visa status can help determine your status for tax purposes.
Students with a visa status of:
- F-1, J-1, or J-2 are generally considered nonresident aliens for tax purposes for the first five years of study, and should file Form 1040NR
Note: Form 1040NR is not available in TurboTax. You may download this form from the IRS Website at http://www.irs.gov/pub/irs-pdf/f1040nr.pdf. - F-1, J-1, or J-2 are generally considered resident aliens for tax purposes after the first five years of study, and should file Form 1040
- H-1B are subject to the Substantial Presence Test
Remember that income (such as scholarships, grants, or stipends) reported on
Form 1042-S is subject to U.S. income tax.
If you regularly commute from your home in Canada or Mexico to work in the U.S., you are considered a nonresident alien and should file Form 1040NR. Days commuting do not apply to the Substantial Presence Test.
Note: Form 1040NR is not available in TurboTax. You may download this form from the IRS Website at http://www.irs.gov/pub/irs-pdf/f1040nr.pdf.
If you're a nonresident alien who was a resident of American Samoa or Puerto Rico for the entire tax year, you are taxed as a resident alien. See IRS Publication 519 for exceptions.
