Publication 4152 (11-2014) ELECTRONIC TOOLKIT FOR NONRESIDENT ALIEN VITA/TCE SITES

• Volunteer Income Tax Assistance

• Tax Counseling for the Elderly (TCE)

• Icebreaker (your choice)

• Teacher and student (general introductions)

• Welcome new and old students and instructors/partners, etc.

• Provide scope of program and objectives

• Introduce students to the products (Publication 4011, Foreign Student and Scholar Volunteer Resource Guide and Link & Learn Taxes for Foreign Students) and purpose.

• Restate the importance of getting accurate and appropriate information from the taxpayer.

• Show the students Form 13614 NR, Nonresident Alien Intake and Interview Sheet and how it must be used to assist in the interview process.

• Put up two big pieces of paper or use a chalkboard. Label one "Steps" and the other "Tips". Let the class spend some time brainstorming about what steps and tips they think they might need to assist the foreign students and scholars. List their suggestions on the pieces of paper and be sure to share any relevant issues with your RM and Coalition.

• Encourage the students to keep the interview process in mind as you work through the rest of this course. They should make notes of what they think would be good interview questions to ask the taxpayer, and make notes on their F13614NR & P4011.

• Note changes and problematic areas (i.e.; Identity Theft, Months, Dependents live in U.S. validity of marriage, etc.)

• Review as necessary throughout the course.

• Volunteers have a responsibility to provide quality service and to uphold ethical standards

• The Standards of Conduct training and certification must be completed by ALL volunteers

• A signed copy of Form 13615 will be required from all volunteers

• The Form 13615 can be found in the Link & Learn Taxes for Foreign Student module. After successfully completing a test on-line, your electronic version of this form will appear. Check the box in Link & Learn Taxes acknowledging you have read and completed Form 13615. You can then sign and/or print this completed form to turn into your site coordinator.

• Discuss the standards of conduct by reading each standard,

• The Standards of Conduct is part of the certification process.

• All volunteers must sign the Standards of Conduct (Form 13615 Electronic signatures through Link & Learn are acceptable).

• The Standards of Conduct Test, Intake/Interview and Quality Review Training and Basic Exam must be taken and PASSED in order for the Foreign Student Test to register as complete.

• Privacy Act of 1974

• Civil Rights Act of 1964

• IRC 7216 Disclosure or use of Taxpayer Information

• A key principle of the Internal Revenue Service is to ensure that public trust is protected and confidentiality is guaranteed.

• Publication 4299, Privacy and Confidentiality, addresses areas where diligence to detail is needed to protect the information provided for tax return preparation.

• When the IRS collects information from volunteers, we must adhere to the Privacy Act of 1974. This Act requires that when IRS asks volunteers for information, we tell them our legal right to ask for the information, why we are asking for it, and how it will be used. This statement was added to applicable Volunteer Return Preparation Program documents.

• Explain: In accordance with Title VI of the Civil Rights Action of 1964, no one (volunteers or taxpayers) can be subject to discrimination or denied services because of race, color, sex, national origin, disability, reprisal, or age.

• The Civil Rights poster (Pub 4053 EN/SP, Title VI: Your Civil Rights are Protected - http://www.irs) must be posted and the Civil Rights brochure (Pub 4454, Title VI: Your Civil Rights are Protected) must be made available at all sites.

• All volunteer sites (paper and efile) using or disclosing taxpayer data for purposes other than current, prior or subsequent year tax return preparation must secure the taxpayer's consent to use and disclosure of the data.

• Returns,

• Supporting schedules, and

• Forms

• The Volunteer Protection Act protects the volunteer AS LONG AS they are preparing returns within their scope.

• Check locally for any additional volunteer protection legislation.

• Explain to students that preparing returns beyond their training and certification may result in errors and cause difficulties for those we wish to help--delayed returns, audit, etc.

• Encourage students to certify in additional VITA training levels to enhance their knowledge base.

• Encourage students to refer taxpayers with difficult returns or issues beyond their training and certification to the Site Coordinator and/or a paid preparer.

• Explain -- that "trained and certified" means they met the training requirements to be a volunteer return preparer and passed the required test(s). Also, their sponsor/ site coordinator has their required signed certification and verified the volunteer's identification by photo ID.

•

• Substantial Presence Test

• Green Card Test

• Residency through Marriage

• 31 days during the current year

• At least 183 days during the three year period ending with the current year.

• All days of (nonexempt) presence in the current year, plus

• One-third of the (nonexempt) days of presence in the first preceding year, plus

• One-sixth of the (nonexempt) days of presence in the second preceding year.

• F, J, M, & Q student status holders

• J & Q teacher or trainee status holders

• Not exempt from taxation on U.S. income

• 5 years

• Dependents are generally included

• All must file Form 8843

1. does not intend to reside permanently in the United States;

2. has substantially complied with the immigration laws and requirements relating to his student nonimmigrant status;

3. has not taken any steps to change his nonimmigrant status in the United States toward becoming a permanent resident of the United States; and

4. has a closer connection to a foreign country than to the United States as evidenced by the factors listed in Treasury Regulation  

Refer taxpayer for additional information to see Publication 519, U.S. Tax Guide for Aliens.

Exempt Teacher/Trainee

Teachers and trainees can be exempt from counting their days of presence for two out of six years. In their "look-back" calculation for the six years, they must consider any time spent in a exempt status as a student.

For example, Hans is in J-1 immigration status and started teaching at the local university in March, 2014. He had previously been in the U.S. in F-1 immigration status as a student in 2009-2011. For 2014, Hans is a resident alien since he cannot exclude any of his days of presence from the substantial presence test.

For additional information see Publication 519, U.S. Tax Guide for Aliens.

Establishing a Closer Connection

This option is used when the alien is trying to establish that even though the substantial presence test is met, they should still be considered as a nonresident alien because of their ties to their home country.

To claim a closer connection to their home country, the alien must be present for less than 183 days in the current (2014) year. The alien must also have a home in a foreign country for the entire year.

NOTE: If you are using this presentation to instruct volunteers, you may want to download a copy of Form 8840, Closer Connection Exception Statement for Aliens from http://www.irs.gov. to share with your class.

Green Card Test

When aliens are granted Permanent Resident immigration status, they will receive an identification card from the immigration authorities. Originally, the Permanent Resident cards were green and the term "green card" continues to be used even though these cards are no longer green. (Currently pink).

The official date of the status change is indicated on their letter from USCIS. This date should be used when calculating resident alien status for tax purposes.

Residency Starting Date

When the alien is determined to be a resident by application of the Substantial Presence Test (SPT), their residency starting date for federal income tax purposes is the first day of the year that the SPT is met.

If the alien is a resident for federal income tax purposes because they have gained Permanent Resident (PR) immigration status, their residency starting date is the first day of their PR status.

For more information on this topic, see Publication 519, U.S. Tax Guide for Aliens.

Residency through Marriage

Nonresident spouse can be treated as a resident

If the nonresident is married to a resident or citizen, the couple can make an election to file a joint return. This means that the nonresident spouse will be considered a resident for federal income tax purposes

Once the election is made, the spouse must file as a resident alien in subsequent years, until the election to be treated a resident alien is revoked by the nonresident alien spouse. If revoked, the nonresident alien spouse may not make this election to be treated as a resident alien, until a 5 year period has elapsed.

(Note: Nonresident aliens who are married to other nonresident aliens cannot file a joint tax return. This will be discussed later in this presentation.)

For more information on this topic, see Publication 519, U.S. Tax Guide for Aliens. Chapter One

Filing Requirements & What to File

References for this lesson may include:

Publication 4011, Foreign Student and Scholar Volunteer Resource Guide

Publication 17, Your Federal Income Tax for Individuals

Publication 4152, Electronic Tool-kit for Nonresident Alien VITA Sites

Publication 5087, Foreign Student and Scholar Forms Package

Publication 501, Exemptions, Standard Deduction, and Filing Information

Publication 519, U.S. Tax Guide for Aliens

Form W-2, Wage and Tax Statement

Form 1040NR, U.S. Nonresident Alien Income Tax Return

Form 1040NR-EZ, U.S. Income Tax Return for Certain Nonresident Aliens with No Dependents

Form 1040-ES (NR), U.S. Estimated Tax for Nonresident Alien Individuals

Form 1042-S, Foreign Person's U.S. Source Income Subject to Withholding

Form 8840, Closer Connection Exception Statement for Aliens

Form 8843, Statement for Exempt Individuals and Individuals with a Medical Condition

All forms and publications cited in this presentation are available in Publication 5087, Foreign Student and Scholar Forms Package, and at http://www.irs.gov, or you may order a copy by calling 1-800-829-3676.

Who Must File?

In the United States, it is the individual's responsibility to know what taxes must be filed with the government.

Some students and scholars think that their tax liability has been satisfied because money was withheld from their pay.

Some students and scholars come from a country where the government tells the taxpayers how much to pay and when to pay it. Some countries have a per capita tax in place of an income tax.

Resident Aliens

Aliens who are determined to be residents for federal income tax purposes will file the same type of return as a U.S. citizen and must include their world-wide income.

Publication 17, Your Federal Income Tax for Individuals, is a comprehensive reference book for the rules that apply to U.S. citizens and resident aliens.

Since resident aliens are treated the same as citizens for tax purposes, they can receive tax assistance from several sources including:

It is possible for a taxpayer to have more than one residency status for federal income tax purposes in the same tax year. This creates a dual-status situation.

provides a sample of a dual-status taxpayer. The taxpayer generally must file both a Form 1040, U.S. Individual Income Tax Return and a

The taxpayer must allocate income and expenses based of the time spent in each status. This can be complex. The preparation of dual status returns is not covered in the VITA/TCE program. Suggest that the taxpayer seek a paid provider for assistance.

OUT OF SCOPE!

How Nonresident is Different

Nonresident aliens are

able to claim most of the tax credits. Since most nonresident aliens can't claim their children as dependents, the credits related to children often do not apply. Some credits, such as the earned income credit and American Opportunity Credit, specifically state that they are not available for nonresident aliens. Publication 4152, Electronic Tool-kit for Nonresident Alien VITA Sites, contains a comprehensive segment on the availability of tax credits for nonresident aliens.

Alien status for federal income tax purposes determines which income the alien must include on the U.S. tax return. The alien status will also affect filing status and the eligibility of tax credits.

Generally, nonresident aliens pay tax on their U.S. sourced income only. They are not required to report earnings and profits from abroad.

In the case of nonresident aliens some of their U.S. sourced interest income may not be taxable. See Publication 519, U.S. Tax Guide for Aliens for additional information.

Nonresident aliens who are married to other nonresident aliens cannot file a joint tax return. However, if one of the spouses is a citizen or resident alien, the nonresident spouse can elect to be treated as a resident and file a joint return.

Generally, a nonresident alien cannot claim an exemption for their spouse or dependents. This is explained further in the lesson on Family Issues of this presentation.

The standard deduction is not available for nonresident aliens, except for students from India. Nonresident aliens must itemize their deductions. Additional information is on the following slide.

For more information, see Publication 519, U.S. Tax Guide for Aliens.

Nonresident Rules

Itemized deductions limited to:

Most nonresident aliens must itemize their deductions because they cannot claim the standard deduction (except students from India).

explains what types of expenses the nonresident can include in their itemized deductions.

Casualty and Theft Losses are Out of Scope for the VITA/TCE programs.

Nonresident Alien (NRA) Filing Requirements

Who?

Generally, nonresident aliens are not required to file a return if they earn wages (effectively connected with a U.S. trade or business) that are

the filing requirement for the tax year.

What to File

When to File

(Form 1040NR or Form 1040NR-EZ)

If you are not enclosing a payment

Department of Treasury Internal Revenue Service Center Austin, TX 73301-0215 U.S.A.

If enclosing a payment

Internal Revenue Service P. O. Box 1303 Charlotte, NC 28201-1303 USA

It is important to stress that all nonresident aliens who are excluding days of presence from the substantial presence test must file a Form 8843, Statement for Exempt Individuals and Individuals with a Medical Condition even if they had no income.

Even though there may not be a legal requirement to file, it might be in the taxpayer's best interest to file in order to get any refund that they might be entitled to receive.

The filing requirement for Non-Resident Aliens is generally the personal exemption amount for the tax year.

It is important to stress that all nonresident aliens who are excluding days of presence from the substantial presence test must file a Form 8843, Statement for Exempt Individuals and Individuals with a Medical Condition even if they had no income.

Even though they may not be a legal requirement to file, it might be in the taxpayer's best interest to file in order to get any refund that they may be entitled to receive.

As the previous slide stated, all nonresident aliens who are excluding days of presence from the substantial presence test must file a Form 8843, Statement for Exempt Individuals and Individuals with a Medical Condition even if they had no income.

If the nonresident has a filing requirement, either a Form 1040NR, U.S. Nonresident Alien Income Tax Return or a Form 1040NR-EZ, U.S. Income Tax Return for Certain Nonresident Aliens with No Dependents will be filed.

The due date for the return is the 15th day of the 4th month following the end of the tax year.

The deadline for nonresidents who are filing only Form 8843, Statement for Exempt Individuals and Individuals with a Medical Condition is the 15th day of the sixth month following the end of the tax year. If submitting only a Form 8843, make sure that the nonresident signs page 2 of the form. If the 15th falls on a Saturday, Sunday or legal holiday, the return is due the next business day.

The income tax return must:

The return

:

The return does

have to be:

A street address is not used by the IRS. (They have their own ZIPCode.)

A paper return must be mailed in.

No special mailing needed. Just put in an appropriate size envelope and add the required first-class postage.

Currently, Nonresident returns can NOT be filed electronically. Nonresident returns CAN NOT be faxed, electronically submitted, or by any other electronic media.

1040NR-EZ instead of 1040NR?

Even though the alien may have dependent family members here in the U.S., they may not be able to claim those family members on their tax return. See the lesson on Family Issues of this presentation for more information.

It is rare that a nonresident alien student or scholar would qualify to be the dependent of another taxpayer.

Form 1040NR-EZ, U.S. Income Tax Return for Certain Nonresident Aliens with No Dependents, can't be used if the nonresident is over age 65. This does not occur very often.

The types of income that can be reported on Form 1040NR-EZ, U.S. Income Tax Return for Certain Nonresident Aliens with No Dependents, is limited to the items listed on this slide.

If the nonresident has any dividend, capital gain or miscellaneous income, he/she must file a Form 1040NR, U.S. Nonresident Alien Income Tax Return.

Additional Limitations of Form 1040NR-EZ

Adjustments to income on a

are limited to scholarship and student loan interest. For more information on these deductions, see the instructions to the Form 1040NR-EZ.

As stated previously, nonresident aliens usually can't claim tax credits. However, if they are eligible for any credits, they will need to file a Form 1040NR, U.S. Nonresident Alien Income Tax Return to claim the credit.

The Form 1040NR-EZ, U.S. Income Tax Return for Certain Nonresident Aliens with No Dependents, has some additional limitations, as noted in this slide.

The only allowable itemized deduction on Form 1040NR-EZ is state income tax. However, students from India can file Form 1040NR-EZ and claim the standard deduction (as allowed by their treaty).

Consequences of Failure to File

VITA/TCE volunteers are not expected to know and should not attempt to communicate the immigration laws as part of the VITA program.

The Effect of Tax Treaties

Reference Materials for this Lesson May Include:

, or you may order a copy by calling 1-800-829-3676.

Treaty Overview

When using

make sure that you are in the correct column and section of the table.

The full language of the treaties can be found on http://www.irs.gov.

However, it can be challenging to read the actual treaty and apply it to the taxpayer you are assisting.

It is usually easier to use the Publication 901. If the topic or treaty provision is unclear, refer the taxpayer to seek professional assistance. (Out-of-Scope)

Points to Consider

See Publication

Form 1042-S Common Income Codes

All income on

will have an income code. This slide lists only some of the most frequent codes for students and scholars.

Scholarship income that is "qualified" is no longer required to be listed on a Form 1042-S. The only scholarship that should be listed on the Form 1042-S is for nonqualified amounts that are subject to U.S. tax (unless there is a treaty exemption).

Income code 17 is sometimes used for payments to Canadians.

For additional information, see Publication 901, U.S. Tax Treaties.

Unique Treaty Provisions

Students from India can claim the standard deduction.

In general, Canadians can exclude their earned income if they earn less than $10,000.

If they earn over $10,000 they can't exclude any of the income.

The treaty for students who are residents of P.R. China does not have a limit on the number of years that the treaty can be used, so may be used on Form 1040.

For additional information, see Publication 901, U.S. Tax Treaties.

Family Issues

Reference Materials for this Lesson May Include:

Family Issues

In general, nonresident aliens can't claim their family members as dependents. There are exceptions for aliens from Canada, Mexico, Korea, and India. For additional information, see

Any dependents that the nonresident can claim must have a Taxpayer Identification Number (TIN). If the dependent is not eligible for a Social Security Number, they (the dependent) must apply for an Individual Tax Identification Number (ITIN).

Form W-7 or W-7(SP), Application for IRS Individual Taxpayer Identification Number is used to apply for an ITIN. You may download a copy of the most current version of the form from http://www.irs.gov.

**NOTE: Individual Taxpayer Identification Numbers (ITINs) will be deactivated if not used on a federal income tax return for any year during a period of five consecutive years. The IRS will not deactivate an ITIN that has been used on at least one tax return in the past five years.

Filing Status & Martial Status

Unmarried nonresident aliens must use the

filing status.

Some aliens may question if they can use the head of household status since they are the head of their household.

Nonresident aliens can't file as head of household.

Resident aliens can use the head of household filing status if all of the requirements are met.

Nonresident aliens who are married to other nonresident aliens cannot file a joint return.

Exceptions apply for nonresidents from Canada, Mexico, Korea and India.

See Publication 519, U.S. Tax Guide for Aliens for additional information

Filing Status & Dependents

Even though the nonresident alien may have family members in the U.S., they generally can't take a tax deduction for the dependents as long as they are considered nonresidents for federal income tax purposes.

Some exceptions apply for nonresidents from Canada, Mexico, Korea and India.

For additional information see Publication 519, U.S. Tax Guide for Aliens.

Spouse and Dependent

F-2s and J-2s, who are excluding days of presence from the Substantial Presence test must file

every year.

F-2s and J-2s, who are excluding days of presence from the Substantial Presence test must file Form 8843, Statement for Exempt Individuals and Individuals with a Medical Condition every year.

If the nonresident has a filing requirement, all U.S. source income must be reported on either Form 1040NR, U.S. Nonresident Alien Income Tax Return or Form 1040NREZ, U.S. Income Tax Return for Certain Nonresident Aliens with No Dependents.

**NOTE: This includes income that was earned in violation of immigration or other laws.

Taxation of Nonresidents

Reference Materials for this Lesson May Include:

All forms can be found in

and publications cited in this presentation are available at

or you may order a copy by calling 1-800-829-3676.

Taxation of Nonresidents

Note: Credits and taxes related to the Affordable Care Act do not apply to nonresident alien returns.

In general, a nonresident is taxed only on their U.S. sourced income.

Publication 519, U.S. Tax Guide for Aliens contains information on how to determine the source and taxability of income. There is also some good information about source of income on http://www.irs.gov.

Interest Income

Interest Income

U.S. sourced interest income that is not connected to a U.S. trade or business may qualify for exemption. It is considered taxable income from the taxpayer's country of residence and not U.S. Source income. See Publication 519, U.S. Tax Guide for Aliens, for additional information.

Some banks and other financial institutions still issue a Form 1099-INT, Interest Income, to nonresident aliens. If the alien meets the conditions for the interest to be exempt, they do not need to include the amount from the Form 1099-INT in their income calculation.

Qualified Scholarships/Fellowships

Qualified scholarships and fellowships are usually not taxable. If the recipient has to perform personal services to receive the scholarship or fellowship, the amount that represents compensation should be counted as earned income.

Publication 970, Tax Benefits for Education for additional information on qualified scholarships.

**NOTE!: Scholarships and fellowships that cover room and board are NOT qualified and must be included in income unless a treaty provision applies.

Other Income

Income that is not connected to the nonresident's purpose for entering the U.S. is usually taxed at a flat rate of 30%. Some countries have treaty provisions that prescribe a lower tax rate.

For example, a student from South Africa earned $100 in dividends from an investment she made in a U.S. brokerage account. The dividends will be reported on Form 1040NR, U.S. Nonresident Alien Income Tax Return.

She does not have a treaty benefit for this type of income. The student will pay $30 of U.S. income tax on this investment income.

You may also see withholding involving gambling winnings of nonresident aliens. The tax is generally withheld at the source and is based on the gross winnings. Certain exceptions apply regarding the U.S.-Canada tax treaty. (Only they may net their losses against their winnings, prior to withholding.)

Form 8843 Filing Requirement

Reference Materials for this Lesson May Include:

Form 8843

. However, if the alien has a number, it must be used.

It is up to the students and scholars to know what to include in Part II or Part III. However you may want to put the name and phone number of the Foreign Student Advisor in your reference materials.

**Encourage the students and scholars to make a copy of this form for their records before sending it in.**

Finishing the Return

Reference Materials for this Lesson May Include:

Finishing the Return

FIRST, Quality Review the return then,

Note: VITA/TCE volunteers do NOT sign the form. Returns that are not signed by the taxpayer will be returned to the taxpayer. This can result in a delay in processing the return. Make sure the taxpayer reads and understands the perjury statement on the return before signing.

Encourage the nonresident to consider using direct deposit. Some students and scholars move frequently, but maintain the same bank account. Direct deposit is an easy and secure way to receive the refund, if any.

If they choose direct deposit of their refund, they may be able to split the refund into more than one account by checking the appropriate box and attaching Form 8888.

An IRS installment agreement can be requested by completing Form 9465, Installment Agreement Request. While an installment agreement allows the taxpayer to pay the balance due over a period of time, it does not stop the accumulation of interest and any applicable penalties. There is also a FEE of $120 if approved, or $52 if payment is made by electronic funds withdrawal. If the taxpayer can pay by credit card or within 30-120 days, recommend that they contact the IRS upon receipt of their first bill. A reduced fee may be applicable, please see Form 9465.

Forms W-2, Wage and Tax Statement and Forms 1042-S, Foreign Person's U.S. Source Income Subject to Withholding should be attached to the left-hand side of the first page of the return. The best way to attach the forms is with staples. Do not use paper clips.

**The student or scholar should keep a copy of all items that are sent in.**

Social Security Tax Matters

Reference Materials for this Lesson May Include:

Social Security Tax

Generally, services performed by a nonresident alien temporarily in the United States as a nonimmigrant in (F), (J), (M), or (Q) immigration status are not covered under the social security program if the services are performed to carry out the purpose for which you were admitted to the United States. This means that there will be no withholding of social security or Medicare taxes from the pay you receive for these services. For additional information, see

Any student (regardless of residency or citizenship status) who is enrolled and is regularly attending classes at a school may be exempt from social security and Medicare taxes on pay for services performed for that school.

The FICA exemption does not extend to dependents who derive their immigration status from a nonresident student or scholar.

In general, immigration laws do not allow an F-2 to work while in this country.

A J-2 may receive permission from the immigration authorities to work while in this country. Even though the J-2 may be a nonresident for tax purposes, they are still subject to the FICA tax.

FICA Refunds

When withheld in error:

If social security tax and Medicare were withheld in error, the student or scholar must first contact the employer, who withheld the taxes, for reimbursement. If you are unable to get a refund from the employer, file a claim for refund with the Internal Revenue Service on Form 843, Claim for Refund and Request for Abatement.

Publication 519, U.S. Tax Guide for Aliens contains information on what should be attached to the claim form.

Also refer to pages 15 & 16 in the updated Link & Learn training.

File the Form 843 claim, with attachments, including:

Send all of the above to:

DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE CENTER OGDEN, UT 84201-0038 U.S.A

State Income Tax Issues

Income tax treaties do not cover state income taxes However, many states define income based on federal taxable income or federal adjusted gross income.

Please check with the state income tax authorities for further information

State Income Tax Issues

Most states have a website that provides information about the state income tax system. You may visit

for links to the state income tax web pages. Some states even allow you to complete the state return online.

You can contact the state's income tax authorities to learn more about completing the required state income tax return.

Questions?

Thank You

For agreeing to help others with their tax returns.

Stress again confidentiality, privacy, and security.

Department of the Treasury Internal Revenue Service http://www.irs.gov

All forms and publications cited in this presentation are available in Publication 5087, Foreign Student and Scholar Forms Package, and at http://www.irs.gov, or you may order a copy by calling 1-800-829-3676.

Section 2. Tax Credits for Aliens

Who is Eligible?

To claim a tax credit, the nonresident Alien must have effectively connected income. The credits do not offset "Other Taxes". The information in this document contains information about Tax Credits for Aliens as follows:

Quick Reference for Common Credits

Foreign Tax Credit

Credit for Child and Dependent Care Expenses

Retirement Savings Contributions Credit (Saver's Credit)

Child Tax Credit

Adoption Tax Credit

Other Credits -- Mortgage Interest Credit, Credit for Prior Year Minimum Tax, Qualified Electric Vehicle Credit, General Business Credit, Empowerment Zone Employment Credit, Nonconventional Source Fuel Credit

Other credits are available to Nonresidents Aliens only if they choose to file a joint return, and elect to be treated as a resident alien with their spouse that is a U.S. citizen or resident. Remember, a single nonresident alien CAN NOT elect to file as a resident alien on their own. The most common credits are:

 ----------------------------------------------------------------------

Other

                                                          Requirements

               Income                                     that may

               Requirements                               Eliminate

               for Nonresident  Country of    Filing      Nonresident

 Credit        Alien            Residence     Status      Aliens

 ----------------------------------------------------------------------

 Foreign Tax   Effectively        Any         Any         None

 Credit        Connected

Foreign Source

               Income

 ----------------------------------------------------------------------

 Child and     Effectively      Canada,       Single or   Taxpayer must

 Dependent     Connected        Mexico,       Qualifying  maintain a

 Care          Income           South Korea,  Widow(er)   home

 Credit                         Students and              w/dependent

                                Apprentices               -------------

                                from                      South Korea,

                                India                     Indian

                                                          dependents

                                                          must be

                                                          child

 ----------------------------------------------------------------------

 Retirement    Effectively      Any           Any         Must be

 Savings       Connected                                  working and

 Contribution  Income                                     saving for

 Credit                                                   retirement in

 (Saver's                                                 the U.S.

 Credit)                                                  -------------

                                                          May not be a

                                                          full-time

                                                          student

 ----------------------------------------------------------------------

 Child Tax     Effectively      Canada,       Any         Child must be

 Credit and    Connected        Mexico,                   U.S. resident

 Additional    Income           South Korea,              and a

 Child Tax                      Students and              dependent

 Credit                         Apprentices

                                from India

 ----------------------------------------------------------------------

 Adoption      Effectively      Any           Single or   None

 Credit        Connected                      Qualifying

               Income                         Widow(er)

 ----------------------------------------------------------------------

Married Nonresident Aliens will be able to claim the Child and Dependent Care Credit or the Adoption Credit

if they choose to file a joint return, and elect to be treated as a resident alien, with a U.S. citizen or resident. Generally, a married person filing a separate return may not claim these credits.

For additional information on credits, see Publication 519, U.S. Tax Guide for Aliens.

Foreign Tax Credit

A nonresident alien may qualify for the Foreign Tax Credit if the income being taxed is from foreign sources that is effectively connected with a trade or business in the U.S. and will be included on their Form 1040NR. Since non-resident aliens are not taxed on foreign income that is not effectively connected, foreign taxes paid on that income is not eligible for the credit.

For more information on the Foreign Tax Credit, see Publication 514, Foreign Tax Credit for Individuals.

Credit for Child and Dependent Care Expenses

The credit is a percentage of the amount paid to care for a qualifying person while the taxpayer worked or looked for work.

Nonresident aliens are generally, not eligible for this credit. To be eligible, all the following conditions must be met:

A married person filing a separate return may not claim the credit. However, residents of Canada, Mexico or South Korea who meet the tests for "Married Persons Living Apart" may be able to use the single filing status.

Disabled Spouse -- Only a married nonresident alien choosing to file a joint return with, and electing to be treated as a resident alien a U.S. citizen or resident would be able to claim the credit based on expenses for a disabled spouse. Form 1040NR does not allow for a joint return, and a married person filing a separate return cannot claim the credit. As the taxpayer must keep up a home where they lived with the qualifying person, the exceptions for "Married Persons Living Apart" would not apply.

For additional requirements for the Child and Dependent Care Credit including qualifying expenses, see Publication 503, Child & Dependent Care Expenses.

Retirement Savings Contribution Credit

The Retirement Savings Contribution Credit (also referred to as the Saver's Credit) allows a credit based on a percentage of the taxpayers contributions to an IRA Individual Retirement Arrangement (IRA) or other qualified retirement plan defined under U.S. code. The percentage allowed as a credit depends on the taxpayer's Adjusted Gross Income.

Nonresident aliens may qualify for this credit if they are working and saving for retirement in the U.S. However, full-time students are not eligible, so many of the VITA/TCE clients may not qualify for the credit.

In order to claim the Saver's Credit on Form 1040NR, the nonresident alien must meet all the following conditions:

For more information on the Saver's Credit, see Form 8880, Credit for Qualified Retirement Savings Contributions.

Child Tax Credit

The Child Tax Credit is a nonrefundable credit for people who have a qualifying child. Certain lower-income taxpayers may also qualify for the Additional Child Tax Credit, which is calculated on Form 8812.

To claim the Child Tax Credit on a Form 1040NR, the child must be a U.S. citizen or resident. In addition, the nonresident alien must have effectively connected earned income.

A qualifying child for the Child Tax Credit must be:

For more information on the Child Tax Credit and Additional Child Tax Credit, see

, Child Tax Credit.

The following credits may be claimed by nonresident aliens on Form 1040NR, but are outside of the scope of the VITA/TCE program.

Adoption Credit

The Adoption Credit is a credit for people who adopt a child. The rules governing when the credit may be taken and the limits for the credit depend on whether the child is a U.S. citizen or a foreign child, and whether the child has special needs.

Nonresident aliens filing Form 1040NR may be able to claim the Adoption Credit if they have qualifying adoption expenses. However, they must:

A married person filing a separate return may not claim the credit.

For information on qualifying expenses, income limitations and when to take the credit, see Publication 968, Tax Benefits for Adoption.

Mortgage Interest Credit (Form 8396)

If a nonresident alien was issued a Mortgage Credit Certificate for his main home, the taxpayer must have effectively connected income. The credit is not affected by filing status or exemptions. NRA Taxpayers who have received a Mortgage Credit Certificate should be referred to a paid preparer.

Other Credits.

Taxpayers that may qualify for these credits should be referred to a paid preparer:

Basic Rules of U.S. Taxation

What determines the U.S. taxation of income?

The general rule of income taxation is that income is taxable where the activity or transaction occurs. All compensation for services performed in the U.S. is subject to U.S. taxes unless an exception applies. For additional information see Publication 519, U.S. Tax Guide for Aliens.

How do I calculate the taxes on my U.S. income?

Your U.S. source income will be taxed based on your residency status for federal income tax purposes and any applicable Treaties between the U.S. and the country of residency. For additional information, see Publication 519, U.S. Tax Guide for Aliens.

How do I determine my residency status?

Your residency status for federal income tax purposes will depend on your immigration status. In general, a nonimmigrant is considered a resident alien for federal tax purposes if he or she is present in the U.S. for 183 days or more, unless an exception applies. Most students and scholars will meet one of the exceptions for at least part of their stay. For additional information, see Publication 519, U.S. Tax Guide for Aliens.

Since I already had taxes withheld from my pay, do I need to file a tax return?

Yes. The U.S. tax system is considered a "pay as you go" plan. Therefore, taxes are withheld from your pay as you earn it (based on withholding documents you give to your employer). You file a federal income tax return after the end of the calendar year to reconcile your withholdings with your actual tax liability. For additional information, see Publication 519, U.S. Tax Guide for Aliens.

Canadian Questions

I am a Canadian citizen living and working in the U.S. for a U.S. employer on a visa. Do I need to file both a U.S. tax return and a Canadian tax return?

You must comply with both U.S. and Canadian filing requirements. In the United States, you generally are required to file a return if you have income from the performance of personal services within the United States. However, under certain circumstances, that income may be exempt from payment of U.S. tax pursuant to the U.S.-Canada income tax treaty. You need to determine what type of visa you have, and how that impacts your residency status in the United States. If, based on the tax code and your visa status you are treated as a U.S. resident, then your entitlement to treaty benefits will be impacted. For additional information, see Publication 519, U.S. Tax Guide for Aliens and Publication 597, Information on the United States-Canada Income Tax Treaty.

I am a Canadian citizen who worked in the U.S. for 4 months. Do I have to file a U.S. income tax return as well as my income tax return in Canada?

In the United States, you generally are required to file a return if you have income from the performance of personal services within the US. The type of return to file would depend upon whether you are a resident of the U.S. for purposes of U.S. tax law. There are several tests to determine residency, including the substantial presence test, which is based on how many days you are present in the U.S. over a period of three years. For additional information, see Publication 519, U.S. Tax Guide for Aliens and Publication 597, Information on the United States-Canada Income Tax Treaty.

I am a U.S. citizen. If I move to Canada to live and work there as a Canadian permanent resident, do I pay both U.S. and Canadian Taxes?

United States citizens living abroad are required to file annual U.S. income tax returns and report their worldwide income if they meet the minimum income filing requirements for their filing status and age. You must contact the Canadian Government to determine whether you must file a Canadian tax return and pay Canadian taxes. For the United States income tax return, you will have several options available to you regarding claiming a foreign tax credit or excluding some or all of your foreign earned income. For additional information, see Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad.

Capital Gain Income Nonresident Aliens

Are international students required to pay income tax on their U.S. capital gains?

Nonresident alien students and scholars, and alien employees of foreign governments and international organizations who, at the time of their arrival in the United States, intend to reside in the United States for longer than one year, are subject to the 30% taxation on their U.S. source capital gains during any tax year, if during such tax year (usually calendar year), they are present in the United States for 183 days or more, unless a tax treaty provides for a lesser rate of taxation. This assumes that such capital gains are not effectively connected with the conduct of a United States trade or business. These capital gains would be reported on Page 4 (not Page 1) of Form 1040NR, and would not be reported on a Form 1040, Schedule D, because they are being taxed at a flat rate of 30%, under I.R.C. § 871(a), or at a reduced flat rate under a tax treaty. For additional information, go to http://www.irs.gov.

I am a nonresident alien and invested money in U. S. stock market through a U.S. brokerage company. Are the dividends and the capital gains taxable? If yes, how are they taxed?

Generally, capital gains received by a nonresident alien not present in the United States for 183 days or more are not taxable in the United States. Certain gains, however, are subject to the 30% withholding rate or if applicable, a reduced tax treaty rate. Dividends are withheld upon at the 30% or lower tax treaty rate. For additional information, see Publication 519, U.S. Tax Guide for Aliens.

Currency Issues

How much money can a nonresident alien bring in to the U.S.?

There is no limit on the total amount of monetary instruments which may be brought into or taken out of the United States, nor is it illegal to do so. However, if the person transports more than $10,000 in monetary instruments on any occasion into or out of the United States, FinCEN Form 105 (formerly Customs Form 4790, Report of International Transportation of Currency or Monetary Instruments with U.S. Customs) must be filed with U.S. Customs. For additional information, go to http://www.irs.gov.

What is a "monetary instrument"?

Monetary instruments include U.S. or foreign coin in current circulation, currency, travelers' checks (in any form), money orders, and negotiable instruments or investment securities in bearer form.

How does the foreign currency exchange rate work?

Foreign currency needs to be translated into U.S. dollars to determine the amount of income (such as income from the sale of goods or services, dividends or interest) to report on a taxpayer's U.S. return and to determine gain or loss when foreign currency is disposed of. The proper translation rate depends on the item of income. You can generally get the exchange rates from banks and U.S. Embassies. If there is more than one exchange rate, use the one that most properly reflects your income. For additional information, go to http://www.irs.gov.

Determination of Residency Status for Federal Income Tax Purposes

Why is my residency status for federal income tax purposes important?

Since resident and nonresident aliens are taxed differently, it is important for you to determine your status. You are considered a nonresident alien for any period that you are neither a United States citizen nor a United States resident alien.

How do I know if I am considered a resident alien for federal income tax purposes?

You are considered a resident alien if you met one of two tests for the calendar year. The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.

The second test is the "substantial presence test." To meet this test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one-third of the days you were present in the first year before the current year, and one-sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period. An exempt individual may be anyone in the following categories:

A foreign government-related individual,

A teacher or trainee with a J or Q visa who substantially complies with the requirements of the visa,

A student with an F, J, M, or Q visa who substantially complies with the requirements of the visa; or

A professional athlete temporarily present to compete in a charitable sports event.

For additional information, see Publication 519, U.S. Tax Guide for Aliens.

I am a foreign national and came to this country on June 30th of last year. I have a H-1 visa. What is my tax status regarding residency nonresident alien, or resident alien?

You were a dual status alien last year. As an H-1 visa holder in the U.S. for 183 days or more, you likely became a resident, for tax purposes, as of June 30th. For the part of the year you are a resident alien, you are taxed on income from all sources. For the part of the year that you are not a resident alien, you are not taxed on income from sources outside the United States, unless the income is effectively connected with a trade or business in the United States. For additional information, see Publication 519, U.S. Tax Guide for Aliens.

I have an H-1 visa and my husband has an F-1 visa. We both lived in the United States all last year and had income. What kind of form should we file? Do we file our taxes separately or jointly?

You will have met the substantial presence test and will be taxed as a resident alien for last year, while your husband is likely to be a nonresident alien. You may file a joint tax return if your husband makes the choice to be treated as a resident for the entire year. For additional information, see Publication 519, U.S. Tax Guide for Aliens.

I was an international student (F-1 visa) until October 1, and then my visa status was changed to H-1. Should I file my income tax return as a dual status or nonresident alien?

Assuming you were not in the U.S. on your F-1 student visa for over 5 years, you may file as a nonresident for the entire year or, if you qualify under the first year choice, you may file as a dual status alien. For additional information, see Publication 519, U.S. Tax Guide for Aliens.

Last year I changed my immigration status from an F-1 student to an H-1 worker. Does my status change how I file my tax return or what forms I use?

It depends on whether or not you qualify as a resident alien. As a foreign national temporarily in the U.S. and now under an H-1 visa, you must file Form 1040NR, U.S. Nonresident Alien Income Tax Return. You must also file Form 8843, Statement for Exempt Individuals and Individuals with a Medical Condition if you do not meet the substantial presence test. In order to file a Form 1040, Individual Tax Return, you must meet the substantial presence test. Based on the date your visa status changed, you could be a Dual Status Alien for last year. For additional information, see Publication 519, U.S. Tax Guide for Aliens.

I entered the U.S. in August and I have a J-2 visa with an Employment Authorization (work permit). Can I be considered as a U.S. resident for tax purposes under the substantial presence test?

You will be considered a U.S. resident for tax purposes if you meet the substantial presence test for the calendar year. As an exempt individual, a J-2 visa holder will not initially meet this test. For additional information, see Publication 519, U.S. Tax Guide for Aliens.

If someone in F or J immigration status was previously an F or J visa holder under a different stay, perhaps 10 years ago, do they need to include the previous stay in calculating the 2 or 5 year limit for exemption from the physical presence test?

Teachers and trainees (and their dependents) will not be exempt from counting their days of presence if he/she was exempt as a teacher, trainee or student for any part of 2 of the preceding 6 years. Publication 519, U.S. Tax Guide for Aliens. The student five-tax-year limit includes any time spent in exempt individual status after January 1, 1985. Therefore, any time in the U.S. in F, J, M, or Q immigration status (including dependents) may effect the calculation of the five-year period. For additional information, See Publication 519, U.S. Tax Guide for Aliens.

Are all J-1s subject to the 6 year look-back 2 year physical presence rule?

Only J non-students are subject to this rule. J students and their dependents follow the same five-year rule as F students and their dependents. For additional information, see Publication 519, U.S. Tax Guide for Aliens.

Is there a look-back rule for the 5 year rule for F-1s?

The rule for F and J students is a five-year lifetime limit. You must look back to January 1, 1985 to see if there have been any years as an exempt individual to determine current year substantial presence test results. For additional information, see Publication 519, U.S. Tax Guide for Aliens.

Sometimes it would be better for a student to be considered a resident alien for tax purposes. Can they choose to be treated this way if it benefits them?

Nonresident aliens who are married to US citizens or residents can elect to file a joint return and be treated as a resident alien. Students and trainees from Barbados, Hungary and Jamaica, regardless of marital status may elect to be treated as a resident alien. All other nonresident students and scholars must follow the prescribed rules for counting or exempting their days of presence. For additional information, See Publication 519, U.S. Tax Guide for Aliens . .

Deductions Nonresident Aliens

Can nonresident aliens claim the standard deduction?

Nonresident aliens cannot claim the standard deduction. However, a special rule applies to students and business apprentices who are eligible for the U.S.- India treaty benefits. For additional information, see Publication 519, U.S. Tax Guide for Aliens.

Does a nonresident alien get a deduction for state or local income taxes?

Yes, the nonresident alien can take a deduction for state and local income taxes that have been withheld by the payer. The deduction can be taken on Form 1040NR, U.S. Nonresident Alien Income Tax Return or Form 1040NR-EZ, U.S. Income Tax Return for Certain Nonresident Aliens with No Dependents. For additional information, see Publication 519, U.S. Tax Guide for Aliens.

What charitable contributions can the nonresident alien include on the tax return?

Charitable contributions or gifts to qualified U.S. organizations can be deducted on Form 1040NR, U.S. Nonresident Alien Income Tax Return, subject to certain limitations. Qualified U.S. organizations include organizations that are religious, charitable, educational, scientific, or literary in nature, or that work to prevent cruelty to children or animals. Contributions made directly to a foreign organization are not deductible. For additional information, see Publication 519, U.S. Tax Guide for Aliens.

Can a nonresident alien deduct a loss from a theft of property?

Casualty and theft losses are deductible on Schedule A -- Itemized Deductions, Form 1040NR, U.S. Nonresident Alien Income Tax Return. Several limitations apply. For additional information, see Publication 519, U.S. Tax Guide for Aliens and Form 4684, Casualties and Thefts. (Note) any claim for a Casualty and Theft Loss is Out of Scope for the VITA/TCE Program.

What job expenses can a nonresident alien deduct?

Expenses such as allowable unreimbursed travel expenses and other expenses such as union dues and safety equipment are deductible on Form 1040NR, U.S. Nonresident Alien Income Tax Return. Several limitations apply. For additional information, see Publication 519, U.S. Tax Guide for Aliens.

Can students and scholars deduct costs associated with their jobs? What costs can be included and where would they be deducted?

The nonresident can deduct job expenses, such as allowable unreimbursed travel expenses. Generally, the allowable deductions must be related to effectively connected income. Job expenses are a miscellaneous itemized deduction and they are subject to a 2% of Adjusted Gross Income (AGI) limit, Publication 519, U.S. Tax Guide for Aliens.

Educational Expenses Nonresident Aliens

Can nonresident aliens claim a credit for tuition paid to go to school?

If you are a nonresident alien for any part of the year, you generally cannot claim the education credits. However, if you are married and choose to file a joint return, and elect to be treated as a resident alien with a U.S. citizen or resident spouse, you may be eligible for the American Opportunity Credit or Lifetime Learning Credit. For additional information, see Publication 519, U.S. Tax Guide for Aliens.

Can a nonresident alien take a deduction for student loan interest?

If you paid interest on a student loan, you may be able to deduct the interest if you meet all of the following requirements:

For additional information, see

,

Form 8843, Statement for Exempt Individuals and Individuals with a Medical Condition

What happens if the student doesn't file the form 8843?

If Form 8843 is not filed, the alien may not be able to exclude their days of presence from the Substantial Presence Test (SPT). This could mean that they may be viewed as a resident alien for tax purposes. They would have to report all of their worldwide income on the U.S. tax return and they may not be able to claim their treaty benefits.

I'm a first-year F-1 student and I had no U.S. earned income or scholarships. Do I need to file any federal income tax papers?

Yes. You must file Form 8843, Statement for Exempt Individuals and Individuals with a Medical Condition. If any family members are here with you (F-2 status) they must also file a Form 8843. For additional information see the instructions included in Form 8843.

I arrived in the U.S. in December of last year. Do I still have to file a Form 8843?

Yes. If you were present in the U.S. for even 1 day, you must file Form 8843 if you are excluding days of presence from the substantial presence test.

Filing Status, Dependents and other Family Issues Nonresident Aliens

Can you please review which nonresidents can claim dependents?

Nonresidents (for income tax purposes) from the following countries may be able to claim their dependents and/or spouse on their return.

Canada, Mexico, South Korea and Students and Business Apprentices from India Refer to Publication 519, U.S. Tax Guide for Aliens, for additional information.

For additional information, see Publication 501, Exemptions, Standard Deduction and Filing Information.

I thought that children from the 4 countries you mentioned can only be claimed if they were US citizens or permanent residents. Is that true?

To meet the citizen or resident test, a person must be a U.S. citizen or resident, or a resident of Canada or Mexico, for some part of the year. For additional information, see Publication 501, Exemptions, Standard Deduction and Filing Information.

I have a child who was born in the U.S. Can I claim an exemption for my wife and child?

If you are a nonresident alien for federal income tax purposes you generally can't claim exemptions for your family members. There are exceptions for students and scholars from Canada, Mexico, South Korea and India. For additional information, see Publication 519, U.S. Tax Guide for Aliens

I am a married nonresident alien. My wife is here with me in J-2 visa status. Can we file a joint return?

Generally, you cannot file as married filing jointly if either spouse was a nonresident alien at any time during the tax year. However, nonresident aliens married to U.S. citizens or residents can choose to be treated as U.S. residents and file joint returns. For additional information, see Publication 519, U.S. Tax Guide for Aliens. Married nonresident aliens who are not married to US citizens or residents generally must use the Tax Table column or the Tax Rate Schedule for married filing separate returns when determining the tax on income effectively connected with a US trade or business. They normally cannot use the Tax Table column or the Tax Rate Schedule for single individuals. For additional information, see Publication 519, U.S. Tax Guide for Aliens.

I am a scholar from Canada. My wife died last year and I have two dependent children. What filing status should I use on my U.S. income tax return?

You may be eligible to file as a qualifying widow and use the joint return tax rates if you meet certain requirements. For additional information, see Publication 519, U.S. Tax Guide for Aliens.

I am the head of my household. As a nonresident alien, how do I claim the head of household filing status?

You cannot file as head of household if you are a nonresident alien at any time during the tax year. For additional information, see Publication 519, U.S. Tax Guide for Aliens.

Form 2555, Foreign Earned Income Exclusion

I am a nonresident alien. Can I take the foreign earned income exclusion if I meet the bona fide resident test or physical presence test? If yes, what is the tax form used for nonresident taxpayer?

No, nonresident aliens do not qualify for the foreign earned income exclusion. Only if you are a U.S. citizen or a resident alien of the United States and live abroad, may you qualify to exclude part of your foreign earned income. But, if you are the nonresident alien spouse of a U.S. citizen or resident alien, you can elect to be treated as a U.S. resident in order to file a joint return. In this case, you can take the foreign earned income exclusion if otherwise qualified. For additional information, see Publication 519, U.S. Tax Guide for Aliens

For additional information see Publication 54, Tax guide for U.S. Citizens and Resident Aliens Abroad.

Form 1116, Foreign Tax Credit

I am a nonresident alien attending college and working in the U.S. Can I take the Foreign Tax Credit?

If you are a nonresident alien, you generally cannot take the credit. You may be able to take the credit if certain conditions apply. See Publication 519, U.S. Tax Guide for Aliens.

How, When and Where to File Form 1040NR, U.S. Nonresident Alien Tax Return or Form 1040NR/EZ, U.S. Income Tax Return for Certain Nonresident Aliens with No Dependents

Can Form 1040NR be filed electronically?

Not at this time. Private companies offer software that helps prepare the forms, but the forms must be printed out and mailed to the Internal Revenue Service. The forms can't be faxed. For additional information see the Instructions to Form 1040NR, U.S. Nonresident Alien Tax Return.

Where can I find the mailing address? Can the tax forms be folded? What size envelope is needed? What needs to be attached to the form?

The mailing address for the return is listed in the instructions to the form. You may fold the tax return before sending it. There is no specified envelope size for your return. Attach one copy of each W-2 or 1042-S form that you received. For additional information see the Instructions to Form 1040NR, U.S. Nonresident Alien Tax Return.

What is the due date for the Form 1040NR? Is it the same for the Form 1040NR-EZ?

If the alien received any wages subject to withholding, such as a nonresident alien student working on campus, the return is due on the 15th day of the fourth month following the end of the year. This generally means that the return will be due on April 15. The type of form (1040NR or 1040NR-EZ) does not change the due date. For additional information see the Instructions to Form 1040NR, U.S. Nonresident Alien Tax Return.

What private delivery services can I use to file my forms?

Certain private delivery services are designated by IRS to meet the "timely mailing as timely filing/paying" rule. These delivery services can't deliver to a P.O. Box. For additional information see the Instructions to Form 1040NR, U.S. Nonresident Alien Tax Return.

Who signs the form?

Form 1040NR (or Form 1040NR-EZ) is not considered a valid return unless the nonresident alien signs it. Under certain conditions, an agent may sign for the nonresident alien. For additional information see the Instructions to Form 1040NR, U.S. Nonresident Alien Tax Return.

What is the difference between the Form 1040NR and the Form 1040NREZ? Which form should I use? Will using the longer form save me some money?

It is always advisable to use the simplest form that will accommodate all of your income and deductions. The instructions to the forms explain who can file the form. Using the longer form will only save you money, if you have items to list on it that you could not list on the shorter form (ex. gifts to U.S. charities).

Should I keep a copy of my tax return?

Yes. You should make a copy of your completed return and keep it in your files. Will the IRS send me anything to let me know that they got my return? No. You can however, take the return to the local IRS office to turn it in. They can stamp your copy of the return with a receipt stamp.

What happens if I fail to file my taxes?

If you owe taxes and don't file, you may be assessed penalties and interest. There may also be immigration consequences for failing to file taxes. For additional information, see Publication 519, U.S. Tax Guide for Aliens.

I'm a first-year F-1 student and I had no U.S. earned income or scholarships. Do I need to file any federal income tax papers?

Yes. You must file Form 8843, Statement for Exempt Individuals and Individuals with a Medical Condition. If any family members are here with you (F-2 visa status) they must also file a Form 8843. For additional information see the instructions included in Form 8843.

If I owe tax, to whom do I make the check payable?

The check should be made payable to United States Treasury. You should include your social security number or individual taxpayer identification number, tax year and tax form on the check.

Pension Income

Does a nonresident alien (including international students and scholars) need to include pension income on the U.S. tax return?

A nonresident alien usually is subject to U.S. income tax only on U.S. source income. The source of pension income is usually determined based on where the services were performed that earned the pension. A nonresident alien would report pension income that is determined based on services performed in the U.S. For additional information, see Publication 519, U.S. Tax Guide for Aliens.

Scholarships, Fellowships, Grants and Awards for Nonresident Aliens

As a condition of their employment, resident assistants are required to live in the dorm. The room is provided for free, is this taxable income?

Since the employment required the student to live in the dorm for the convenience of the employer, the value of the lodging is not taxable. For additional information, see Publication 970, Tax Benefits for Higher Education.

Are graduate assistantships taxable?

Yes, the cash stipend (salary portion) of an assistantship, whether a research assistantship or a teaching assistantship, is considered compensation for services rendered and is fully taxable (unless excluded by treaty). The portion of the assistantship which serves as tuition remission (tuition waiver) is considered a scholarship and is exempt from taxation. For additional information, see Publication 970, Tax Benefits for Higher Education.

Are athletic scholarships considered earned income since services must be performed? Is this taxable income?

Athletic scholarships are not considered earned income even though they require the recipient to perform services (play sports). An analogy can be made to academic scholarships that require the recipient to maintain a certain GPA. It takes "work" to maintain the GPA, but the scholarship is not considered earned income. However, any scholarship that covers room and board is taxable unless excludable by treaty. For additional information, see Publication 970, Tax Benefits for Higher Education.

Social Security Coverage FICA and Medicare Taxes Nonresident Aliens

Are international students and scholars subject to Social Security tax?

Generally, services performed by you as a nonresident alien temporarily in the United States as a nonimmigrant under subparagraph (F), (J), (M), or (Q) of section 101(a)(15) of the Immigration and Nationality Act are not covered under the social security program if the services are performed to carry out the purpose for which you were admitted to the United States. This means that there will be no withholding of social security or Medicare taxes from the pay you receive for these services. For additional information, see Publication 519, U.S. Tax Guide for Aliens.

Under my visa as a temporary nonresident alien, I'm not subject to social security and Medicare withholding. My employer withheld the taxes from my pay. What should I do to get a refund of my social security and Medicare?

If social security tax and Medicare were withheld in error from pay received which was not subject to the taxes, you must first contact the employer who withheld the taxes for reimbursement. If you are unable to get a refund from the employer, file a claim for refund with the Internal Revenue Service on Form 843, Claim for Refund and Request for Abatement.

You must attach the following to your claim:

In addition to the documentation listed above foreign student visa holders should also attach the following: a copy of Form I-20, Certificate of Eligibility, endorsed by your student advisor and stamped by the Bureau of Citizenship and Immigration Services; and a copy of the Employment Authorization Document of your Optional Practical Training (e.g., Form I-766 or I-688B). if you are an exchange visitor, attach a copy of Form DS-2019 to your claim. Submit the claim, (with attachments) to the Department of Treasury, Internal Revenue Service Center, Ogden, UT 84201-0038.

I am a graduate student and serve as a teaching assistant. I would like to know whether FICA taxes need to be withheld from my pay.

Students who perform services for the school, college, or university where they are enrolled and regularly attend classes are usually not subject to social security and Medicare taxes.

As I understand the law, student stipends are exempt from FICA and Medicare taxes. If my university takes these taxes out of my stipend income, can these taxes be recovered in some way?

If you are not performing a service for the university, your stipend would be subject to income tax only if it does not meet the qualified scholarship rules. If you are performing a service for the university, your income is taxable for income tax purposes, but would generally be exempt from social security and Medicare taxes if you are enrolled and regularly attending classes. For additional information, see Publication 970, Tax Benefits for Education.

I am an F-1 student status who was employed during my school studies and directly afterwards I completed practical training. Do I have to pay FICA taxes? Which taxes should be taken out of my pay?

Generally, services performed by you as a nonresident alien temporarily in the United States as a nonimmigrant under subparagraph (F), (J), (M), or (Q) of section 101(a)(15) of the Immigration and Nationality Act are not covered under the social security and Medicare programs if the services are performed to carry out the purpose for which you were admitted to the United States. This means that there should be no withholding of social security or Medicare taxes from the pay you receive for these services. These types of services are very limited, and generally include only on-campus work, practical training, and economic hardship employment. However, you are covered under the social security and Medicare programs for these services if you are considered a resident alien, even though your nonimmigrant classification ("F," "J," "M," or "Q") remains the same. Social security and Medicare taxes will be withheld from your pay. For additional information, see Publication 519, U.S. Tax Guide for Aliens.

I entered the U.S. in August and I have a J-2 visa with an Employment Authorization (work permit). Can I be considered as a U.S. resident for tax purposes under the substantial presence test? Since my visa does not allow me to stay in this country am I subjected to social security tax and Medicare tax?

You will be considered a U.S. resident for tax purposes if you meet the substantial presence test for the calendar year. As an exempt individual, a J-2 visa holder will not initially meet this test. In general, U.S. social security and Medicare taxes apply to payments of wages for services performed as an employee in the United States, regardless of the citizenship or residence of either the employee or the employer. In limited situations, these taxes apply to wages for services performed outside the United States. This exception does not apply to a derivative visa holder. For additional information, see Publication 519, U.S. Tax Guide for Aliens.

Can you please explain the Social Security Exemption in more detail?

Generally, services performed by you as a nonresident alien temporarily in the United States as a nonimmigrant under subparagraph (F), (J), (M), or (Q) of section 101(a)(15) of the Immigration and Nationality Act are not covered under the social security program if the services are performed to carry out the purpose for which you were admitted to the United States. This means that there will be no withholding of social security or Medicare taxes from the pay you receive for these services. These types of services are very limited, and generally include only on-campus work, practical training, and economic hardship employment. However, you are covered under the social security program for these services if you are considered a resident alien, even though your nonimmigrant classification ("F," "J," "M," or "Q") remains the same. Social security and Medicare taxes will be withheld from your pay.

If you are a nonresident alien admitted to the United States as a student, you generally are not permitted to work for a wage or salary or to engage in business while you are in the United States. In some cases, a student admitted to the United States in "F-1," "M-1," or "J-1" visa status is granted permission to work, and it is so noted on the student's copy of Immigration Form I-94, Arrival-\Departure Record. Social security and Medicare taxes are not withheld from pay for the work unless the student is considered a resident alien.

Note: Any student who is enrolled and regularly attending classes at a school may be exempt from social security and Medicare taxes on pay for services performed for that school.

The U.S Customs and Immigration Service (USCIS) permits on- campus work for students in "F-1" visa status if it does not displace a U.S. resident. On-campus work means work performed on the school's premises. On-campus work includes work performed at an off-campus location that is educationally affiliated with the school. On-campus work under the terms of a scholarship, fellowship, or assistantship is considered part of the academic program of a student taking a full course of study and is permitted by the USCIS. In this case, the educational institution endorses the Form I-20. Social security and Medicare taxes are not withheld from pay for this work unless the student is considered a resident alien. Employment due to severe economic necessity and for optional practical training is sometimes permitted for students in "F-1" visa status. Students granted permission to work due to severe economic necessity or for optional practical training will be issued Form I-688B or Form I-766 by USCIS. Social security and Medicare taxes are not withheld from pay for this work unless the student is considered a resident alien.

Students in "M-1" visa status who have completed a course of study can accept employment or practical training for up to six months and must have a Form I-688B or Form I-766 issued by USCIS. Social security and Medicare taxes are not withheld from "M-1" students' pay for these services unless the student is considered a resident alien.

For additional information, go to http://www.irs.gov.

Tax Credits Nonresident Aliens

Can a nonresident alien claim the Earned Income Credit?

If the taxpayer was a nonresident (for tax purposes) at any time during the year, they generally can't claim the Earned Income Credit (EIC). However, if they are married to a US citizen or resident and choose to file a joint return they may be eligible for the credit, if both spouses hold a valid Social Security Number which allowed them to work. For additional information see Publication 519, U.S. Tax Guide for Aliens.

Can nonresident aliens claim the Lifetime Learning Credit for tuition paid to go to school?

If you are a nonresident alien for any part of the year, you generally cannot claim the education credits. However, if you are married and choose to file a joint return with a U.S. citizen or resident spouse, you may be eligible for the American Opportunity Credit or Lifetime Learning Credit. For additional information, see Publication 970, Tax Benefits for Higher Education.

My young children live with me and my wife. We are both students (F-1 visa status) and we must pay someone to watch our children. Can I claim the Child Care Credit?

Generally, no. For additional information see Publication 519, U.S. Tax Guide for Aliens.

Treaties

How do I know if the U.S. has an income tax treaty with another country?

Publication 901, U.S. Tax Treaties, has information regarding United States tax treaties. You can also locate the complete text of current treaties at http://www.irs.gov/businesses/international/index.html or use our search engine with keywords "income tax treaties."

I am a student from the People's Republic of China currently studying in the United States. How does the income tax treaty between the U.S. and China apply, especially for students with scholarships and fellowships?

If you are in the United States solely for the purpose of your education, training, or obtaining special technical experience, you may be able to exclude from your income grants or awards that you receive from a government, scientific, educational, or other tax-exempt organization. You also may be able to exclude payments that you receive from abroad for the purpose of your maintenance, education, study, research, or training and up to $5,000 of income that you receive from personal services performed in the United States. Please refer to Publication 901, U.S. Tax Treaties, for further details.

What form is used to let the payor know that a treaty exists?

Alien students, teachers, and researchers who perform dependent personal services (as employees) can use Form 8233, Exemption From Withholding on Compensation for Independent (and Certain Dependent) Personal Service of a Nonresident Alien, to claim exemption from withholding of tax on compensation for services that is exempt from U.S. tax under a U.S. tax treaty. See Form 8233 for more information.

What about employees who aren't students or scholars?

If you are not a student, teacher, or researcher, but you perform services as an employee and your pay is exempt from U.S. income tax under a tax treaty, you can avoid having tax withheld from your wages. Give your employer a Form W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding, for the tax year. For additional information, see Form W-8BEN.

Can resident aliens claim treaty benefits?

Generally, resident aliens can't claim treaty benefits. However, most treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for income even after the recipient has otherwise become a U.S. resident alien for tax purposes. For additional information see Publication 901, U.S. Tax Treaties. If someone has met the substantial presence test but is still eligible for treaty benefits, must they wait until they file their return to get the benefit?

If someone has met the substantial presence test but is still eligible for treaty benefits, must they wait until they files their return to get the benefit? Can payroll honor the treaty?

A resident who is claiming an income tax treaty exemption from withholding tax based on a treaty article must submit a Form W-9, not a Form 8233, to the withholding agent (employer). For additional information, see Publication 901, U.S. Tax Treaties.

What does the term unlimited mean in the amount column of the charts in Publication 901?

Unlimited means that there is not a maximum on the dollar amount that the nonresident can exclude. For additional information, see Publication 901, U.S. Tax Treaties.

Are all amounts reported as code 15 on Form 1042-S taxable?

Generally, the code 15 (scholarship) amounts reported on Form 1042-S represent the portion of the scholarship that was for room and board expenses. Room and board scholarships are taxable unless there is a treaty benefit. Often, you can determine if there is an available treaty by looking at the exemption code in box 6 of the 1042-S. For additional information see Publication 901, U.S. Tax Treaties.

Where do you put the treaty information on the Form 1040NR?

On the first page of the 1040NR, you report the total income exempt by a treaty. You must also complete question M on page 5 of the form. It is very important that you include the treaty article number in question M. The article number can be found in Publication 901. If the article number is omitted, the form will be returned to the taxpayer. For additional information see the instructions for Form 1040NR.

Where do you put the treaty information on the Form 1040NR-EZ?

On the front of the return, you report the total wages and scholarship exempt by a treaty. You must also complete question J on the back of the form. It is very important that you include the treaty article number in question J. The article number can be found in Publication 901. If the article number is omitted, the form will be returned to the taxpayer.

If a student has a tax treaty, how does this help him on his tax return?

Tax treaties generally allow a nonresident to exclude a specified amount of US source income from their US tax return. This in turn, reduces the tax liability.

A nonresident entered the U.S. in F-2 visa status but was later granted F-1 status, without leaving the counrty. How long must the nonresident be out of the country to reestablish residency and potentially become eligible for treaty benefits?

A full year, 365 days.

If a student doesn't have any wages or taxable scholarship, how much is their treaty benefit?

There are treaty benefits for other types of income, such as a reduced tax rate on investment income. If the nonresident doesn't have any income, he/she would not benefit from the treaty provisions.

If the student is eligible for a treaty benefit on part of his wages but the fullamount of the wages are reported on Form W-2, can he still claim the treaty benefit?

Yes, it is allowable for the nonresident to apply the full treaty benefit that he/she is entitled to on the federal return. However if the nonresident is claiming treaty benefits and he/she failed to submit adequate documentation to their employer, he/she must attach (to the federal tax return) a statement that provides all of the information that would have otherwise been required on the withholding document (Form 8233 or W-8BEN).

Does it make any difference if the amount is being paid by a foreign employer?

Yes, normally amounts received from a foreign employer are not taxable to nonresidents. Nonresidents are taxed on their US source income only.

Section 4. Individual Taxpayer Identification Number (ITIN)

Introduction

Revisions to Internal Revenue Code 6109 created the process for issuing an IRS Individual Taxpayer Identification Number to individuals who require a Taxpayer Identification Number for federal tax purposes, but who do not qualify for a Social Security Number.

Objectives

An ITIN is:

: In 1996, the US Department of the Treasury issued regulations that introduced the ITIN, and required foreign persons to use an ITIN as their unique identification number on returns.

An ITIN is a unique nine-digit number formatted like a SSN that begins with "9" and the 4th and 5th digits range from "70 to "88" (900-80-0000).

Purpose of ITINs

Any individual who is not eligible to obtain a SSN, but must furnish a taxpayer identification number to the IRS.

Example: Fernando Rodriguez is married and a resident alien with a SSN. His spouse is a nonresident alien and does not qualify for a SSN. She must apply for an ITIN using Form W-7/W-7(SP) in order for Mr. Rodriguez to file a joint return with her on his U.S. federal income tax return

Examples

Examples

Only residents of the following countries may be able to claim an exemption for their dependents on a U.S. federal income tax return:

Residents of Canada or Mexico, the dependent:

Generally, a nonresident alien engaged in a trade or business in the U.S. can only claim their own personal exemption. There are exceptions for the following countries:

A nonresident who is a resident of Mexico or Canada can claim a spousal exemption if:

Note:

Special Rule for Spouses South Korea

Each person who requires an ITIN must file a separate Form W-7/W-7(SP) and provide their own supporting identification documentation.

How to Apply for an ITIN?

Documents substantiating proof of identity and foreign status must be:

* All photocopies of documents submitted to prove "identity" and "foreign status" must bear an original, authentic certified stamp/seal placed by the issuing agency. Documents displaying a photocopied seal or stamp are not acceptable and will be returned to the applicant. This also applies to applications submitted by Acceptance Agents.

Acceptable Documentation for ITIN

* Copies of a passport must include the U.S. visa pages if reason for applying is box "f" or "g".

Important Information for all ITIN Acceptance Agents

Effective June 26, 2013

The Internal Revenue Service announces a modification to supporting documentation requirements for the ITIN application

IRS Modification to Documentation Requirements for ITIN Application

The Internal Revenue Service announces a modification to documentation requirements for school records submitted for Form W-7, Application for IRS Individual Taxpayer Identification Number.

These changes are effective June 26, 2013.

We recognize that specific course work and grading structure may not be available in all cases for pre-school kids and have modified this portion of the requirement for ITIN applicants under age 6.

All other requirements that relate to the school record are still applicable and must be provided if used as supporting documentation for an ITIN application.

School records are valid for dependents under the age of 14, or under age 18 if a student.

They are considered current if they're for a school term no older than 12 months from the W-7 application date. For example, January 2014 to December 2014 school records are current for a January 2015 application.

A school record consists of an official report card or transcript issued by the school or equivalent of a Ministry of Education, and signed by the school or ministry official. The record must contain the student's name, course work with grades (unless under age 6), date of grading periods (unless under age 6), and school name and address.

*

See Publication 1915, or Form W-7/W-7(SP) instructions for additional information on acceptable documents.

If Documents are in a Foreign Language

The following two slides are examples of foreign documents (birth certificates) you might see.

If any of the exceptions listed below apply, there is no requirement to attach a U.S. Federal income tax return to Form W-7/W-7(SP):

For additional information on exceptions, see

or Form W-7/W-7(SP) instructions.

How to Submit an ITIN Application?

By Mail: Internal Revenue Service ITIN Operation P.O. Box 149342 Austin, TX 78714-9342

In Person: Visit an IRS Taxpayer Assistance Center.

Note: There is a limited number of TAC offices that provide this service. Refer to IRS.gov for a listing.

Through an Acceptance Agent: Application can be submitted through an Acceptance Agent authorized by the IRS. To obtain a list of authorized Acceptance Agents in your area, visit the IRS website at http://www.IRS.gov

Student and Exchange Visitor Program(SEVP)*

* CAAs approved under the SPEC CAA Program are prohibited from charging a fee for their services.

What is an ITIN/SSN mismatch?

http://www.IRS.gov

QUESTIONS