Professional Documents
Culture Documents
Internal
Revenue
Service for Aliens Alien? ...........................................
10
1999 Returns
5. Figuring Your Tax ........................
25
Index .................................................... 52
Introduction
For tax purposes, an alien is an individual
who is not a U.S. citizen. Aliens are classified
as nonresident aliens and resident aliens.
This publication will help you determine your
status and give you information you will need
to file your U.S. tax return. Resident aliens
generally are taxed on their worldwide in-
come, the same as U.S. citizens. Nonresi-
dent aliens are taxed only on their income
from sources within the United States and on
certain income connected with the conduct
of a trade or business in the United States.
Table A, What You Need To Know About
U.S. Taxes, provides a list of questions and
the chapter or chapters in this publication
where you will find the related discussion.
The information in this publication is not
as comprehensive for resident aliens as it is
for nonresident aliens. Resident aliens are
generally treated the same as U.S. citizens
and can find more information in other IRS
publications.
Important Changes
Child tax credit. In 1999, you may be able
to take a credit on your tax return of up to
$500 for each qualifying child. For more in-
formation, see Tax Credits and Payments, in
chapter 5.
Table A. What You Need To Know About U.S. Taxes
Commonly Asked Questions Where To Find The Answer
Can I be a nonresident alien and a resident alien in the same year? ● See Dual Status Aliens in chapter 1.
● See chapter 6.
I am a resident alien and my spouse is a nonresident alien. Are ● See Nonresident Spouse Treated as a
there special rules for us? Resident in chapter 1.
● See Community Income in chapter 2.
Is my scholarship subject to U.S. tax? ● See Scholarships, Grants, Prizes, and Awards
in chapter 2.
● See Scholarships and Fellowship Grants in
chapter 3.
● See chapter 9.
What is the tax rate on my income subject to U.S. tax? See chapter 4.
I moved to the United States this year. Can I deduct my moving See Deductions in chapter 5.
expenses on my U.S. return?
Can I claim exemptions for my spouse and children? See Exemptions in chapter 5.
I pay income taxes to my home country. Can I get credit for these See Tax Credits and Payments in chapter 5.
taxes on my U.S. tax return?
What forms must I file and when and where do I file them? See chapter 7.
Am I eligible for any benefits under a tax treaty? ● See Income Entitled to Tax Treaty Benefits in
chapter 8.
● See chapter 9.
Is there anything special I have to do before leaving the United ● See chapter 11.
States? ● See Expatriation Tax in chapter 4.
Foreign earned income exclusion. For wise be blank. You can help bring these States Tax Withholding, should be pro-
1999, the foreign earned income exclusion is children home by looking at the photographs vided to a withholding agent or payer by
$74,000. The exclusion increases to $76,000 and calling 1–800–THE–LOST (1–800–843– a beneficial owner of certain types of in-
for 2000. For more information see chapter 5678) if you recognize a child. come to:
3.
a) Establish foreign status,
Documentation requirements. The Internal
Estimated tax safe harbor for higher in- Revenue Service issued new regulations re- b) Claim that such person is the ben-
come individuals. For installment payments lating to the withholding of income tax on eficial owner of the income for
for tax years beginning in 2000, the estimated certain U.S. source income paid to foreign which the form is being furnished,
tax safe harbor for higher income individuals persons. The IRS has extended the effective and
(other than farmers and fishermen) has been date of these regulations. They will now apply
modified. If your adjusted gross income is to payments made beginning January 1, c) If applicable, claim a reduced rate
more than $150,000 ($75,000 if married filing 2001. of, or exemption from, withholding
a separate return), you will have to deposit In 2000 you may be asked to give with- as a resident of a foreign country
the smaller of 90% of your expected tax for holding agents new withholding certificates with which the United States has
2000 or 108.6% of the tax shown on your that contain the necessary information and an income tax treaty.
1999 return to avoid an estimated tax penalty. representations required by the new regu-
lations. 2) Form W–8ECI, Certificate of Foreign
Photographs of missing children. The The following are the withholding certif- Person's Claim for Exemption From
Internal Revenue Service is a proud partner icates that you may be asked to complete and Withholding on Income Effectively Con-
with the National Center for Missing and Ex- submit. nected With the Conduct of a Trade or
ploited Children. Photographs of missing Business in the United States, should be
children selected by the Center may appear 1) Form W–8BEN, Certificate of Foreign provided to a withholding agent or payer
in this publication on pages that would other- Status of Beneficial Owner for United by a foreign person to:
Page 2
a) Establish foreign status, Nonresident aliens who filed Form
1040NR or Form 1040NR–EZ with the Inter-
b) Claim that such person is the ben-
eficial owner of the income for
nal Revenue Service Center, Philadelphia, Nonresident Aliens
PA 19255, should send the form there. Resi- If you are an alien (not a U.S. citizen), you
which the form is being furnished, dent aliens should send the form to the
and are considered a nonresident alien unless you
Internal Revenue Service Center for their old meet one of the two tests described next un-
c) Claim that certain income is effec- address (addresses for the Service Centers der Resident Aliens.
tively connected with the conduct are on the back of the form).
of a trade or business in the United
States. Expatriation tax. If you are a former U.S.
citizen or former long-term U.S. resident,
The new certificates will replace the fol- special tax rules may apply to you. See Resident Aliens
lowing existing forms and statement. Expatriation Tax in chapter 4. You are a resident alien of the United States
• Form W–8, Certificate of Foreign Status. for tax purposes if you meet either the green
card test or the substantial presence test
• Form 1001, Ownership, Exemption, or for the calendar year (January 1–December
Reduced Rate Certificate. 31). Even if you do not meet either of these
• Form 1078, Certificate of Alien Claiming tests, you may be able to choose to be
treated as a U.S. resident for part of the year.
Residence in the United States.
• Form 4224, Exemption From Withholding
1. See First-Year Choice under Dual Status Al-
iens, later.
of Tax on Income Effectively Connected
With the Conduct of a Trade or Business
in the United States.
Nonresident Green Card Test
• Statement under regulation section
1.1441–5, relating to an individual's claim
Alien or You are a resident for tax purposes if you are
a lawful permanent resident of the United
to be a U.S. citizen or resident. Resident Alien? States at any time during the calendar year.
(However, see Dual Status Aliens, later.) This
Tax payment. If you pay your tax by check is known as the “green card” test. You are a
or money order, make it payable to the lawful permanent resident of the United
“United States Treasury.” States at any time if you have been given the
privilege, according to the immigration laws,
Introduction of residing permanently in the United States
You should first determine whether, for in- as an immigrant. You generally have this
Important Reminders come tax purposes, you are a nonresident
alien or a resident alien. Figure 1–A will help
status if the Immigration and Naturalization
Service (INS) has issued you an alien regis-
you find whether you are a nonresident or tration card, also known as a “green card.”
Individual taxpayer identification number
resident alien. You continue to have resident status under
(ITIN). The IRS will issue an ITIN to a non-
If you are both a nonresident and resident this test unless the status is taken away from
resident or resident alien who does not have
in the same year, you have a dual status. you or is administratively or judicially deter-
and is not eligible to get a social security
Dual status is explained later. Also explained mined to have been abandoned.
number. To apply for an ITIN, file Form W–7,
Application for IRS Individual Taxpayer Iden- later are a choice to treat your nonresident
tification Number, with the IRS. An ITIN is for spouse as a resident and some other special Resident status taken away. Resident sta-
tax use only. It does not entitle the holder to situations. tus is considered to have been taken away
social security benefits or change the holder's from you if the U.S. government issues you
employment or immigration status under U.S. a final administrative or judicial order of ex-
Topics clusion or deportation. A final judicial order
law. See Identification Number in chapter 5. This chapter discusses:
is an order that you may no longer appeal to
Disclosure of a treaty-based position that a higher court of competent jurisdiction.
• How to determine if you are a nonresi-
reduces your tax. If you take the position dent, resident, or dual-status alien
that any U.S. tax is overruled or otherwise Resident status abandoned. An adminis-
reduced by a U.S. treaty (a treaty-based po- • How to treat a nonresident spouse as a trative or judicial determination of abandon-
sition), you generally must disclose that posi- resident alien ment of resident status may be initiated by
tion on your affected return. See Effect of Tax you, the INS, or a U.S. consular officer.
Treaties in chapter 1. If you initiate the determination, your
Useful Items resident status is considered to be aban-
Form 1040NR–EZ. You may be able to use You may want to see: doned when you file either of the following
Form 1040NR–EZ, U.S. Income Tax Return with the INS or U.S. consular officer:
for Certain Nonresident Aliens With No De-
pendents. This form is shorter and easier to Form (and Instructions) 1) Your application for abandonment, or
prepare than Form 1040NR. To see if you
1040 U.S. Individual Income Tax Return 2) Your Alien Registration Receipt Card at-
meet the conditions for filing this form, see
Form 1040NR–EZ in chapter 7. tached to a letter stating your intent to
1040A U.S. Individual Income Tax Re- abandon your resident status.
turn
Earned income credit for nonresident al-
1040NR U.S. Nonresident Alien Income You must file the letter by certified mail, return
iens. If you are a nonresident alien for any
Tax Return receipt requested. You must keep a copy of
part of the year, you cannot claim the earned
the letter and proof that it was mailed and
income credit unless you elect to be treated 8833 Treaty-Based Return Position received.
as a resident alien for tax purposes.
Disclosure Under Section 6114 If the INS or U.S. consular officer initiates
or 7701(b) this determination, your resident status will
Leaving the United States. Generally, al- be considered to be abandoned when the
iens must obtain a sailing permit or departure 8840 Closer Connection Exception
final administrative order of abandonment is
permit before leaving the United States. See Statement for Aliens issued. If you are granted an appeal to a
chapter 11 for more information. federal court of competent jurisdiction, a final
8843 Statement for Exempt Individuals
and Individuals With a Medical judicial order is required.
Change of address. If you change your
Condition
mailing address, be sure to notify the Internal A long-term resident who ceases to
Revenue Service using Form 8822, Change
of Address.
See chapter 12 for information about get-
ting these forms.
!
CAUTION
be a lawful permanent resident may
be subject to special reporting re-
Chapter 1 Nonresident Alien or Resident Alien? Page 3
quirements and tax provisions. See • Days you are an exempt individual. Medical condition. Do not count the days
Expatriation Tax in chapter 4. you intended to leave, but could not leave the
The specific rules that apply to each of these United States because of a medical condition
categories are discussed next. or problem that developed while you were in
Substantial Presence Test the United States. Whether you intended to
You will be considered a U.S. resident for tax leave the United States on a particular day is
Regular commuters from Canada or
purposes if you meet the substantial presence determined based on all the facts and cir-
Mexico. Do not count the days on which you
test for the calendar year. To meet this test, cumstances. For example, you may be able
commute to work in the United States from
you must be physically present in the United to establish that you intended to leave if your
your residence in Canada or Mexico if you
States on at least: purpose for visiting the United States could
regularly commute from Canada or Mexico.
be accomplished during a period that is not
You are considered to commute regularly if
1) 31 days during the current year, and long enough to qualify you for the substantial
you commute to work in the United States on
presence test. However, if you need an ex-
2) 183 days during the 3-year period that more than 75% of the workdays during your
tended period of time to accomplish the pur-
includes the current year and the 2 years working period.
pose of your visit and that period would
immediately before that, counting: For this purpose, “commute” means to
qualify you for the substantial presence test,
travel to work and return to your residence
a) All the days you were present in the you would not be able to establish an intent
within a 24-hour period. “Workdays” are the
current year, and to leave the United States before the end of
days on which you work in the United States
that extended period.
b) 13
/ of the days you were present in or Canada or Mexico. “Working period”
In the case of an individual who is judged
the first year before the current means the period beginning with the first day
mentally incompetent, proof of intent to leave
year, and in the current year on which you are phys-
the United States can be determined by ana-
ically present in the United States to work and
c) 16
/ of the days you were present in lyzing the individual's pattern of behavior be-
ending on the last day in the current year on
the second year before the current fore he or she was judged mentally incom-
which you are physically present in the United
year. petent.
States to work. If your work requires you to
If you qualify to exclude days of presence
be present in the United States only on a
Example. You were physically present in because of a medical condition, you must file
seasonal or cyclical basis, your working pe-
the United States on 120 days in each of the a fully completed Form 8843 with the IRS.
riod begins on the first day of the season or
years 1997, 1998, and 1999. To determine if See Form 8843, later.
cycle on which you are present in the United
you meet the substantial presence test for You cannot exclude any days of presence
States to work and ends on the last day of the
1999, count the full 120 days of presence in in the United States under the following cir-
season or cycle on which you are present in
1999, 40 days in 1998 (1/3 of 120), and 20 cumstances.
the United States to work. You can have more
days in 1997 (1/6 of 120). Since the total for than one working period in a calendar year,
the 3-year period is 180 days, you are not 1) You were initially prevented from leav-
and your working period can begin in one ing, were then able to leave, but re-
considered a resident under the substantial calendar year and end in the following calen-
presence test for 1999. mained in the United States beyond a
dar year. reasonable period for making arrange-
The term United States includes the fol- ments to leave.
Example. Maria Perez lives in Mexico
lowing: 2) You returned to the United States for
and works for Compania ABC in its office in
1) All 50 states and the District of Mexico. She was assigned to her firm's office treatment of a medical condition that
Columbia, in the United States from February 1 through developed during a prior stay.
June 1. On June 2, she resumed her em-
2) The territorial waters of the United 3) The condition existed before your arrival
ployment in Mexico. On 69 days, Maria com-
States, and in the United States and you were aware
muted each morning from her home in Mexico
of the condition. It does not matter
to work in Compania ABC's U.S. office. She
3) The seabed and subsoil of those sub- whether you needed treatment for the
returned to her home in Mexico on each of
marine areas that are adjacent to U.S. condition when you entered the United
those evenings. On 7 days, she worked in her
territorial waters and over which the States.
firm's Mexico office. For purposes of the
United States has exclusive rights under
substantial presence test, Maria does not
international law to explore and exploit Exempt individual. Do not count days for
count the days she commuted to work in the
natural resources. which you are an exempt individual. The term
United States because those days equal
more than 75% of the workdays during the “exempt individual” does not refer to someone
The term does not include U.S. possessions exempt from U.S. tax, but to anyone in the
and territories or U.S. airspace. working period (69 workdays in the United
States divided by 76 workdays in the working following categories.
period equals 90.8%). 1) An individual temporarily present in the
Days of Presence
United States as a foreign government-
in the United States Days in transit. Do not count the days you related individual.
You are treated as present in the United are in the United States for less than 24 hours
States on any day you are physically present and you are in transit between two places 2) A teacher or trainee temporarily present
in the country at any time during the day. outside the United States. You are considered in the United States under a “J” or “Q”
However, there are exceptions to this rule. to be in transit if you engage in activities that visa, who substantially complies with the
Do not count the following as days of pres- are substantially related to completing travel requirements of the visa.
ence in the United States for the substantial to your foreign destination. For example, if 3) A student temporarily present in the
presence test. you travel between airports in the United United States under an “F,” “J,” “M,” or
States to change planes en route to your for- “Q” visa, who substantially complies with
• Days you commute to work in the United eign destination, you are considered to be in the requirements of the visa.
States from a residence in Canada or transit. However, you are not considered to
Mexico if you regularly commute from be in transit if you attend a business meeting 4) A professional athlete temporarily in the
Canada or Mexico. while in the United States. This is true even United States to compete in a charitable
if the meeting is held at the airport. sports event.
• Days you are in the United States for less
than 24 hours when you are in transit The specific rules for each of these four
between two places outside the United Crew members. Do not count the days you categories are discussed next.
States. are temporarily present in the United States Foreign government-related individ-
as a regular crew member of a foreign vessel uals. A foreign government-related individual
• Days you are in the United States as a engaged in transportation between the United
crew member of a foreign vessel. is an individual (or a member of the individ-
States and a foreign country or a U.S. pos- ual's immediate family) who is temporarily
• Days you are unable to leave the United session. However, this exception does not present in the United States:
States because of a medical condition apply if you otherwise engage in any trade
that develops while you are in the United or business in the United States on those 1) As a full-time employee of an interna-
States. days. tional organization,
Page 4 Chapter 1 Nonresident Alien or Resident Alien?
Figure 1-A. Nonresident Alien or Resident Alien?
Yes No
Were you physically present in the United States on at least 31
days during 1999?3
Yes No
Were you physically present in the United States on at least 183
days during the 3-year period consisting of 1997, 1998, and
1999, counting all days of presence in 1999, 1⁄3 the days of
presence in 1998, and 1⁄6 the days of presence in 1997?3
You are a 4 You are a
resident alien Yes No nonresident
for U.S. tax alien for U.S.
purposes.1,2 tax purposes.
Were you physically present in the United States on at least 183
days during 1999?
Yes No
Can you show that for 1999 you have a tax home in a foreign
country and have a closer connection to that country than to the
United States?
No Yes
1
If this is your first or last year of residency, you may have a dual status for the year. See the discussion of Dual Status Aliens in chapter 1.
2
In some circumstances you may still be considered a nonresident alien under an income tax treaty between the U.S. and your country. Check the provisions of
the treaty carefully.
3
See Days of Presence in the United States in this chapter for days that do not count as days of presence in the United States.
4
If you meet the substantial presence test for 2000, you may be able to choose treatment as a U.S. resident alien for part of 1999. For details see Substantial
Presence Test under Resident Aliens and First-year choice under Dual-Status Aliens in chapter 1.
2) By reason of diplomatic status, or 3) Has been recognized by the President, U.S. immigration laws and could result in the
Secretary of State, or a consular officer loss of your visa status.
3) By reason of a visa (other than a visa as being entitled to that status. Also included are immediate family mem-
that grants lawful permanent residence) bers of exempt teachers and trainees. See
that the Secretary of the Treasury de- Members of the immediate family include the definition of immediate family, earlier, un-
termines represents full-time diplomatic the individual's spouse and unmarried chil- der Foreign government-related individuals.
or consular status. dren (whether by blood or adoption) but only You will not be an exempt individual as a
if the spouse's or unmarried children's visa teacher or trainee if you were exempt as a
statuses are derived from and dependent on teacher, trainee, or student for any part of 2
An international organization is any the exempt individual's visa classification. of the 6 preceding calendar years. However,
public international organization that the Unmarried children are included only if they: you will be an exempt individual if you were
President of the United States has designated
exempt as a teacher, trainee, or student for
by Executive Order as being entitled to the 1) Are under 21 years of age, any part of 3 (or fewer) of the 6 preceding
privileges, exemptions, and immunities pro-
2) Reside regularly in the exempt individ- calendar years and:
vided for in the International Organizations
Act. An individual is a full-time employee if ual's household, and
1) A foreign employer paid all your com-
his or her work schedule meets the organ- 3) Are not members of another household. pensation during the current year, and
ization's standard full-time work schedule.
An individual is considered to have full- 2) A foreign employer paid all of your com-
time diplomatic or consular status if he or The immediate family of an exempt individual pensation during each of the preceding
she: does not include attendants, servants, or 6 years you were present in the United
personal employees. States as a teacher or trainee.
Teachers and trainees. A teacher or
1) Has been accredited by a foreign gov- trainee is an individual, other than a student, A foreign employer includes an office or place
ernment that is recognized by the United who is temporarily in the United States under of business of an American entity in a foreign
States, a “J” or “Q” visa and substantially complies country or a U.S. possession.
with the requirements of that visa. You are If you qualify to exclude days of presence
2) Intends to engage primarily in official considered to have substantially complied as a teacher or trainee, you must file a fully
activities for that foreign government with the visa requirements if you have not completed Form 8843 with the IRS. See
while in the United States, and engaged in activities that are prohibited by Form 8843, later.
Chapter 1 Nonresident Alien or Resident Alien? Page 5
Example. Carla was temporarily in the Form 8843. If you exclude days of presence Tax home. Your tax home is the general
United States during the year as a teacher in the United States because you fall into any area of your main place of business, em-
on a “J” visa. Her compensation for the year of the following categories, you must file a ployment, or post of duty, regardless of where
was paid by a foreign employer. Carla was fully completed Form 8843. you maintain your family home. Your tax
treated as an exempt teacher for the past 2 home is the place where you permanently or
years but her compensation was not paid by 1) You were unable to leave the United indefinitely work as an employee or a self-
a foreign employer. She will not be consid- States as planned because of a medical employed individual. If you do not have a
ered an exempt individual for the current year condition. regular or main place of business because
because she was exempt as a teacher for at of the nature of your work, then your tax home
2) You were temporarily in the United
least 2 of the past 6 years. is the place where you regularly live. If you
States as a teacher or trainee on a “J”
If her compensation for the past 2 years do not fit either of these categories, you are
or “Q” visa.
had been paid by a foreign employer, she considered an itinerant and your tax home is
would be an exempt individual for the current 3) You were temporarily in the United wherever you work.
year. States as a student on an “F,” “J,” “M,” For determining whether you have a
or “Q” visa. closer connection to a foreign country, your
Students. A student is any individual who tax home must also be in existence for the
is temporarily in the United States on an “F,” 4) You were a professional athlete com- entire current year, and must be located in
“J,” “M,” or “Q” visa and who substantially peting in a charitable sports event. the same foreign country for which you are
complies with the requirements of that visa. claiming to have a closer connection.
You are considered to have substantially Attach Form 8843 to your 1999 income tax
complied with the visa requirements if you return. If you do not have to file a return, send
Foreign country. In determining whether
have not engaged in activities that are pro- Form 8843 to the Internal Revenue Service
you have a closer connection to a foreign
hibited by U.S. immigration laws and could Center, Philadelphia, PA 19255, by the due
country, the term “foreign country” means:
result in the loss of your visa status. date for filing an income tax return. The due
Also included are immediate family mem- date for filing is discussed in chapter 7. 1) Any territory under the sovereignty of the
bers of exempt students. See the definition If you do not timely file Form 8843, you United Nations or a government other
of immediate family, earlier, under Foreign cannot exclude the days you were present in than that of the United States,
government-related individuals. the United States as a professional athlete
You will not be an exempt individual as a or because of a medical condition that arose 2) The territorial waters of the foreign
student if you have been exempt as a while you were in the United States. This country (determined under U.S. law),
teacher, trainee, or student for any part of does not apply if you can show by clear and 3) The seabed and subsoil of those sub-
more than 5 calendar years unless you es- convincing evidence that you took reasonable marine areas which are adjacent to the
tablish to the satisfaction of the IRS district actions to become aware of the filing re- territorial waters of the foreign country
director that you do not intend to reside per- quirements and significant steps to comply and over which the foreign country has
manently in the United States and you have with those requirements. exclusive rights under international law
substantially complied with the requirements to explore and exploit natural resources,
of your visa. The facts and circumstances to Closer Connection and
be considered in determining if you have
demonstrated an intent to reside permanently to a Foreign Country 4) Possessions and territories of the United
in the United States include, but are not lim- Even if you meet the substantial presence States.
ited to: test, you can be treated as a nonresident al-
ien if you: Establishing a closer connection. You will
1) Whether you have maintained a closer be considered to have a closer connection to
connection to a foreign country (dis- 1) Are present in the United States for less a foreign country than the United States if you
cussed later), and than 183 days during the year, or the IRS establishes that you have main-
tained more significant contacts with the for-
2) Whether you have taken affirmative 2) Maintain a tax home in a foreign country
eign country than with the United States. In
steps to change your status from non- during the year, and
determining whether you have maintained
immigrant to lawful permanent resident 3) Have a closer connection during the year more significant contacts with the foreign
as discussed, later, under Closer Con- to one foreign country in which you have country than with the United States, the facts
nection to a Foreign Country. a tax home than to the United States and circumstances to be considered include,
(unless you have a closer connection to but are not limited to, the following.
If you qualify to exclude days of presence
two foreign countries, discussed next).
as a student, you must file a fully completed 1) The country of residence you designate
Form 8843 with the IRS. See Form 8843, on forms and documents.
later. Closer connection to two foreign coun-
Professional athletes. A professional tries. You can demonstrate that you have a 2) The types of official forms and docu-
athlete who is temporarily in the United States closer connection to two foreign countries ments you file, such as Form 1078,
to compete in a charitable sports event is an (but not more than two) if you meet all of the Certificate of Alien Claiming Residence
exempt individual. A charitable sports event following conditions: in the United States, or Form W–8, Cer-
is one that meets the following conditions: tificate of Foreign Status.
1) You maintained a tax home beginning
on the first day of the year in one foreign 3) The location of:
1) The main purpose is to benefit a qual-
ified charitable organization, country, a) Your permanent home,
2) The entire net proceeds go to charity, 2) You changed your tax home during the b) Your family,
and year to a second foreign country,
c) Your personal belongings, such as
3) Volunteers perform substantially all the 3) You continued to maintain your tax home cars, furniture, clothing, and jew-
work. in the second foreign country for the rest elry,
of the year,
d) Your current social, political, cul-
In figuring the days of presence in the 4) You had a closer connection to each tural, or religious affiliations,
United States, you can exclude only the days foreign country than to the United States
on which you actually competed in a sports for the period during which you main- e) Your business activities (other than
event. You cannot exclude the days on which tained a tax home in that foreign country, those that constitute your tax
you were in the United States to practice for and home),
the event, to perform promotional or other
activities related to the event, or to travel be- 5) You are subject to tax as a resident un- f) The jurisdiction in which you hold a
tween events. der the tax laws of either foreign country driver's license, and
If you qualify to exclude days of presence for the entire year or subject to tax as a g) The jurisdiction in which you vote.
as a professional athlete, you must file a fully resident in both foreign countries for the
completed Form 8843 with the IRS. See Form period during which you maintained a tax It does not matter whether your permanent
8843, next. home in each foreign country. home is a house, an apartment, or a furnished
Page 6 Chapter 1 Nonresident Alien or Resident Alien?
room. It also does not matter whether you rent Information to be reported. If you are a days of presence in the United States for
or own it. It is important, however, that your dual resident taxpayer and you claim treaty purposes of your residency starting date. You
home be available at all times, continuously, benefits, you must timely file a return (includ- must sign and date this statement and include
and not solely for short stays. ing extensions) using Form 1040NR or Form a declaration that it is made under penalties
You cannot claim you have a closer con- 1040NR–EZ, and compute your tax as a of perjury. The statement must contain the
nection to a foreign country if either of the nonresident alien. You must also attach a fully following information (as applicable).
following applies: completed Form 8833. See Reporting Treaty
Benefits Claimed in chapter 9 for more infor- 1) Your name, address, U.S. taxpayer
1) You personally applied, or took other mation on reporting treaty benefits. identification number (if any), and U.S.
steps during the year, to change your visa number (if any).
status to that of a permanent resident,
or 2) Your passport number and the name of
the country that issued your passport.
2) You had an application pending for ad- Dual Status Aliens
justment of status during the current 3) The tax year for which the statement
You can be both a nonresident alien and a
year. applies.
resident alien during the same tax year. This
usually occurs in the year you arrive or depart 4) The first day that you were present in the
Steps to change your status to that of a per- from the United States. Aliens who have dual
manent resident include, but are not limited United States during the year.
status should see chapter 6 for information
to, the filing of the following forms. on filing a return for a dual-status tax year. 5) The dates of the days you are excluding
in figuring your first day of residency.
Form I–508, Waiver of Rights, Privileges,
Exemptions and Immunities First Year of Residency 6) Sufficient facts to establish that you have
maintained your tax home in and a
Form I–485, Application to Register Perma- If you are a U.S. resident for the calendar closer connection to a foreign country
nent Residence or Adjust Status year, but you were not a U.S. resident at any during the period you are excluding.
time during the preceding calendar year, you
Form I–130, Petition for Alien Relative, on are a U.S. resident only for the part of the
your behalf Attach the required statement to your in-
calendar year that begins on the residency
come tax return. If you are not required to file
Form I–140, Immigrant Petition for Alien starting date. You are a nonresident alien for
a return, send the statement to the Internal
Worker, on your behalf the part of the year before that date.
Revenue Service Center, Philadelphia, PA
19255, on or before the due date for filing an
Form ETA–750, Application for Alien Em- Residency starting date under substantial income tax return. The due date for filing is
ployment Certification, on your behalf presence test. If you meet the substantial discussed in chapter 7.
presence test for a calendar year, your resi- If you do not file the required statement
Form OF–230, Application for Immigrant Visa
dency starting date is generally the first day as explained above, you cannot claim that
and Alien Registration
you are present in the United States during you have a closer connection to a foreign
that calendar year. However, you do not have country or countries. Therefore, your first day
Form 8840. You must attach a fully com- to count up to 10 days of actual presence in
pleted Form 8840 to your income tax return of residency will be the first day you are
the United States if on those days you es- present in the United States. This does not
to claim you have a closer connection to a tablish that:
foreign country or countries. apply if you can show by clear and convincing
If you do not have to file a return, send the evidence that you took reasonable actions to
1) You had a closer connection to a foreign become aware of the requirements for filing
form to the Internal Revenue Service Center, country than to the United States, and
Philadelphia, PA 19255, by the due date for the statement and significant steps to comply
filing an income tax return. The due date for 2) Your tax home was in that foreign coun- with those requirements.
filing is discussed later in chapter 7. try.
If you do not timely file Form 8840, you Residency starting date under green card
cannot claim a closer connection to a foreign See Closer Connection to a Foreign test. If you meet the green card test at any
country or countries. This does not apply if Country, earlier. time during a calendar year, but do not meet
you can show by clear and convincing evi- In determining whether you can exclude the substantial presence test for that year,
dence that you took reasonable actions to up to 10 days, the following rules apply. your residency starting date is the first day
become aware of the filing requirements and in the calendar year on which you are present
1) You can exclude days from more than
significant steps to comply with those re- in the United States as a lawful permanent
one period of presence as long as the
quirements. resident.
total days in all periods are not more
If you meet both the substantial presence
than 10.
test and the green card test, your residency
Effect of Tax Treaties 2) You cannot exclude any days in a period starting date is the earlier of the first day
The rules given here to determine if you are of consecutive days of presence if all the during the year you are present in the United
a U.S. resident do not override tax treaty de- days in that period cannot be excluded. States under the substantial presence test or
finitions of residency. If your residency is de- as a lawful permanent resident.
termined under a treaty and not under the 3) Although you can exclude up to 10 days
rules discussed here, you must file a fully of presence in determining your resi- Residency during the preceding year. If
completed Form 8833 if the payments or in- dency starting date, you must include you were a U.S. resident during any part of
come items reportable because of that deter- those days when determining whether the preceding calendar year and you are a
mination are more than $100,000. If you are you meet the substantial presence test. U.S. resident for any part of the current year,
a dual resident taxpayer, you can still claim you will be considered a U.S. resident at the
the benefits under an income tax treaty. A Example. Ivan Ivanovich is a citizen of beginning of the current year. This applies
dual resident taxpayer is one who is a resi- Russia. He came to the United States for the whether you are a resident under the sub-
dent of both the United States and another first time on January 6, 1999, to attend a stantial presence test or green card test.
country under each country's tax laws. The business meeting and returned to Russia on
income tax treaty between the two countries January 10, 1999. His tax home remained in Example. Robert Bach is a citizen of
must contain a provision that provides for Russia. On March 1, 1999, he moved to the Switzerland. He came to the United States
resolution of conflicting claims of residence. United States and resided here for the rest as a U.S. resident for the first time on May
If you are treated as a resident of a foreign of the year. Ivan is able to establish a closer 1, 1998, and remained until November 5,
country under a tax treaty, you are treated as connection to Russia for the period January 1998, when he returned to Switzerland.
a nonresident alien in figuring your U.S. in- 6–10. Thus, his residency starting date is Robert came back to the United States on
come tax. For purposes other than figuring March 1. March 5, 1999, as a lawful permanent resi-
your tax, you will be treated as a U.S. resi- dent and still resides here. In calendar year
dent. For example, the rules discussed here Statement required to exclude up to 10 1999, Robert's U.S. residency is deemed to
do not affect your residency time periods as days of presence. You must file a statement begin on January 1, 1999, because he qual-
discussed, later, under Dual Status Aliens. with the IRS if you are excluding up to 10 ified as a resident in calendar year 1998.
Chapter 1 Nonresident Alien or Resident Alien? Page 7
First-Year Choice 2) That you were not a resident in 1998, • You and your spouse are taxed on
If you do not meet either the green card test 3) That you are a resident under the sub- worldwide income.
or the substantial presence test for 1998 or stantial presence test in 2000, • You and your spouse must file a joint
1999 and you did not choose to be treated return for the year of the choice.
as a resident for part of 1998, but you meet 4) The number of days of presence in the
United States during 2000, • Neither you nor your spouse can make
the substantial presence test for 2000, you this choice for any later tax year, even if
can choose to be treated as a U.S. resident 5) The date or dates of your 31-day period you are separated, divorced, or remar-
for part of 1999. To make this choice, you of presence and the period of continuous ried.
must: presence in the United States during
1999, and • The special instructions and restrictions
1) Be present in the United States for at for dual-status taxpayers in chapter 6 do
least 31 days in a row in 1999, and 6) The date or dates of absence from the not apply to you.
United States during 1999 that you are
2) Be present in the United States for at treating as days of presence. Note. A similar choice is available if, at
least 75% of the number of days begin- the end of the tax year, one spouse is a
ning with the first day of the 31-day pe- You cannot file Form 1040 or the statement nonresident alien and the other spouse is a
riod and ending with the last day of 1999. until you meet the substantial presence test U.S. citizen or resident. See Nonresident Al-
For purposes of this 75% requirement, for 2000. If you have not met the test for 2000 ien Spouse Treated as a Resident. If you
you can treat up to 5 days of absence as of April 15, 2000, you can request an ex- previously made that choice and it is still in
from the United States as days of pres- tension of time for filing your 1999 Form 1040 effect, you do not need to make the choice
ence in the United States. until a reasonable period after you have met explained here.
that test. To request an extension to file, use
When counting the days of presence in (1) Form 4868, Application for Automatic Exten- Making the choice. You should attach a
and (2) above, do not count the days you sion of Time To File U.S. Individual Income statement signed by both spouses to your
were in the United States under any of the Tax Return. You should pay with this form the joint return for the year of the choice that
exceptions discussed, earlier, under Days of amount of tax you expect to owe for 1999 contains the following information:
Presence in the United States. figured as if you were a nonresident alien the
If you make the first-year choice, your entire year. You can use Form 1040NR or 1) A declaration that you both qualify to
residency starting date for 1999 is the first day Form 1040NR–EZ to figure the tax. Enter the make the choice and that you choose to
of the earliest 31-day period (described in (1) tax on Form 4868. If you do not pay the tax be treated as U.S. residents for the en-
above) that you use to qualify for the choice. due, you will be charged interest on any tax tire tax year, and
You are treated as a U.S. resident for the rest not paid by the regular due date of your re-
2) The name, address, and taxpayer iden-
of the year. If you are present for more than turn, and you may be charged a penalty on
tification number (SSN or ITIN) of each
one 31-day period and you satisfy condition the late payment. If you need more time after
spouse. (If one spouse died, include the
(2) above for each of those periods, your filing Form 4868, file Form 2688, Application
name and address of the person who
residency starting date is the first day of the for Additional Extension of Time To File U.S.
makes the choice for the deceased
first 31-day period. If you are present for Individual Income Tax Return. If you pay the
spouse.)
more than one 31-day period but you satisfy tax due by credit card, you do not file Form
condition (2) above only for a later 31-day 4868. See the form instructions for informa- You generally make this choice when you
period, your residency starting date is the first tion on paying by credit card. file your joint return. However, you also can
day of the later 31-day period. Once you make the first-year choice, you make the choice by filing Form 1040X. Attach
may not revoke it without the approval of the Form 1040, Form 1040A, or Form 1040EZ
Example 1. Juan DaSilva is a citizen of Internal Revenue Service. and write “Amended” across the top of the
the Philippines. He came to the United States If you do not follow the procedures dis- corrected return. If you make the choice with
for the first time on November 1, 1999, and cussed here for making the first-year choice, an amended return, you and your spouse
was here on 31 consecutive days (from No- you will be treated as a nonresident alien for must also amend any returns that you may
vember 1 through December 1, 1999). Juan all of 1999. However, this does not apply if have filed after the year for which you made
returned to the Philippines on December 1 you can show by clear and convincing evi- the choice.
and came back to the United States on De- dence that you took reasonable actions to You generally must file the amended joint
cember 17, 1999. He stayed in the United become aware of the filing procedures and return within 3 years from the date you filed
States for the rest of the year. During 2000, significant steps to comply with the proce- your original U.S. income tax return or 2 years
Juan was a resident of the United States un- dures. from the date you paid your income tax for
der the substantial presence test. Juan can that year, whichever is later.
make the first-year choice for 1999 because
he was in the United States in 1999 for a Choosing Resident
period of 31 days in a row (November 1 Alien Status Last Year of Residency
through December 1) and for at least 75% of If you were a U.S. resident in 1999 but are
If you are a dual-status alien, you can choose
the days following (and including) the first day not a U.S. resident during any part of 2000,
to be treated as a U.S. resident for the entire
of his 31-day period (46 total days of pres- you cease to be a U.S. resident on your res-
year if:
ence in the United States divided by 61 days idency termination date. Your residency
in the period from November 1 through De- 1) You were a nonresident alien at the be- termination date is December 31, 1999, un-
cember 31 equals 75.4%). If Juan makes the ginning of the year, less you qualify for an earlier date as dis-
first-year choice, his residency starting date cussed next.
will be November 1, 1999. 2) You are a resident alien or U.S. citizen
at the end of the year, Earlier residency termination date. You
Example 2. The facts are the same as in may qualify for a residency termination date
Example 1, except that Juan was also absent 3) You are married to a U.S. citizen or res-
ident alien at the end of the year, and that is earlier than December 31. This date is:
from the United States on December 24, 25,
29, 30, and 31. He can make the first-year 4) Your spouse joins you in making the 1) The last day in 1999 that you are phys-
choice for 1999 because up to 5 days of ab- choice. ically present in the United States, if you
sence are considered days of presence for met the substantial presence test,
purposes of the 75% requirement. This includes situations in which both you and
your spouse were nonresident aliens at the 2) The first day in 1999 that you are no
Statement required to make the first- beginning of the tax year and both of you are longer a lawful permanent resident of the
year choice. You must attach a statement resident aliens at the end of the tax year. United States, if you met the green card
to Form 1040 to make the first-year choice. If you make this choice, the following rules test, or
The statement must contain your name and apply. 3) The later of (1) or (2), if you met both
address and specify the following: tests.
• You and your spouse are treated as U.S.
1) That you are making the first-year residents for the entire year for income You can use this date only if, for the remain-
choice, tax purposes. der of 1999, your tax home was in a foreign
Page 8 Chapter 1 Nonresident Alien or Resident Alien?
country and you had a closer connection to 4) The last day that you were present in the year they make the choice, but they can file
that foreign country. See Closer Connection United States during the year. either joint or separate returns for later years.
to a Foreign Country, earlier.
5) Sufficient facts to establish you have
A long-term resident who ceases to maintained your tax home in and that How To Make the Choice
! be a lawful permanent resident may
CAUTION be subject to special reporting re-
you have a closer connection to a foreign
country following your last day of pres-
Attach a statement, signed by both spouses,
to your joint return for the first tax year for
quirements and tax provisions. See ence in the United States during the year which the choice applies. It should contain
Expatriation Tax in chapter 4. or following the abandonment or the following information.
rescission of your status as a lawful
De minimis presence. If you are a U.S. permanent resident during the year. 1) A declaration that one spouse was a
resident because of the substantial presence nonresident alien and the other spouse
6) The date that your status as a lawful
test and you qualify to use the earlier resi- a U.S. citizen or resident alien on the last
permanent resident was abandoned or
dency termination date, you can exclude up day of your tax year, and that you
rescinded.
to 10 days of actual presence in the United choose to be treated as U.S. residents
States in determining your residency termi- 7) Sufficient facts (including copies of rele- for the entire tax year.
nation date. In determining whether you can vant documents) to establish that your 2) The name, address, and identification
exclude up to 10 days, the following rules status as a lawful permanent resident number of each spouse. (If one spouse
apply. has been abandoned or rescinded. died, include the name and address of
8) If you can exclude days under the de the person making the choice for the
1) You can exclude days from more than
minimis presence rule, discussed earlier, deceased spouse.)
one period of presence as long as the
total days in all periods are not more include the dates of the days you are
You generally make this choice when you
than 10. excluding and sufficient facts to establish
file your joint return. However, you can also
that you have maintained your tax home
2) You cannot exclude any days in a period make the choice by filing a joint amended
in and that you have a closer connection
of consecutive days of presence if all the return on Form 1040X. Attach Form 1040,
to a foreign country during the period you
days in that period cannot be excluded. Form 1040A, or Form 1040EZ and write
are excluding.
“Amended” across the top of the corrected
return. If you make the choice with an
Attach the required statement to your in-
3) Although you can exclude up to 10 days amended return, you and your spouse must
come tax return. If you are not required to file
of presence in determining your resi- also amend any returns that you may have
a return, send the statement to the Internal
dency termination date, you must include filed after the year for which you made the
Revenue Service Center, Philadelphia, PA
those days when determining whether choice.
19255, on or before the due date for filing an
you meet the substantial presence test. You generally must file the amended joint
income tax return. The due date for filing is
return within 3 years from the date you filed
Example. Lola Bovary is a citizen of discussed in chapter 7.
your original U.S. income tax return or 2 years
Malta. She came to the United States for the If you do not file the required statement
from the date you paid your income tax for
first time on March 1, 1999, and resided here as explained above, you cannot claim that
that year, whichever is later.
until August 25, 1999. On December 12, you have a closer connection to a foreign
1999, Lola came to the United States for va- country or countries. This does not apply if If you file a joint return under this
cation and stayed here until December 16, you can show by clear and convincing evi-
dence that you took reasonable actions to
! provision, the special instructions and
CAUTION restrictions for dual-status taxpayers
1999, when she returned to Malta. She is able
to establish a closer connection to Malta for become aware of the requirements for filing in chapter 6 do not apply to you.
the period December 12–16. Lola is not a the statement and significant steps to comply
with those requirements.
U.S. resident for tax purposes during 2000 Suspending the Choice
and can establish a closer connection to The choice to be treated as a resident alien
Malta for the rest of calendar year 1999. Lola does not apply to any tax year (after the tax
is a U.S. resident under the substantial pres- year you made the choice) if neither spouse
ence test for 1999 because she was present
in the United States for 183 days (178 days
Nonresident Spouse is a U.S. citizen or resident alien at any time
during the tax year.
for the period March 1 to August 25 plus 5 Treated as a Resident
days in December). Lola's residency termi- Example. Dick Brown was a resident al-
nation date is August 25, 1999. If, at the end of your tax year, you are married
ien on December 31, 1996, and married to
and one spouse is a U.S. citizen or a resident
Judy, a nonresident alien. They chose to treat
alien and the other spouse is a nonresident
Residency during the next year. If you are Judy as a resident alien and filed joint 1996
alien, you can choose to treat the nonresident
a U.S. resident during any part of 2000 and and 1997 income tax returns. On January 10,
spouse as a U.S. resident. This includes sit-
you are a resident during any part of 1999, 1998, Dick became a nonresident alien. Judy
uations in which one spouse is a nonresident
you will be taxed as a resident through the had remained a nonresident alien throughout
alien at the beginning of the tax year, but a
end of 1999. This applies whether you have the period. Dick and Judy could have filed
resident alien at the end of the year, and the
a closer connection to a foreign country than joint or separate returns for 1998. However,
other spouse is a nonresident alien at the end
the United States during 1999, and whether since neither Dick nor Judy is a resident alien
of the year.
you are a resident under the substantial at any time during 1999, their choice is sus-
If you make this choice, you and your
presence test or green card test. pended for that year. If either has U.S. source
spouse are treated for income tax purposes
income or foreign source income effectively
as residents for your entire tax year. Gener-
Statement required to establish your resi- connected with a U.S. trade or business in
ally, neither you nor your spouse can claim
dency termination date. You must file a 1999, they must file separate returns as non-
tax treaty benefits as a resident of a foreign
statement with the IRS to establish your resi- resident aliens. If Dick becomes a resident
country for a tax year for which the choice is
dency termination date. You must sign and alien again in 1999, their choice is no longer
in effect and you are both taxed on worldwide
date this statement and include a declaration suspended.
income. You must file a joint income tax re-
that it is made under penalties of perjury. The turn for the year you make the choice, but you
statement must contain the following infor- and your spouse can file joint or separate re- Ending the Choice
mation (as applicable). turns in later years. Once made, the choice to be treated as a
resident applies to all later years unless sus-
1) Your name, address, U.S. taxpayer Example. Bob and Sharon Williams are pended (as explained above) or ended in one
identification number (if any), and U.S. married and both are nonresident aliens at of the following ways.
visa number (if any). the beginning of the year. In June, Bob be- If the choice is ended in one of the fol-
2) Your passport number and the name of came a resident alien and remained a resi- lowing ways, neither spouse can make this
the country that issued your passport. dent for the rest of the year. Bob and Sharon choice in any later tax year.
both choose to be treated as resident aliens
3) The tax year for which the statement by attaching a statement to their joint return. 1) Revocation. Either spouse can revoke
applies. Bob and Sharon must file a joint return for the the choice for any tax year, provided he
Chapter 1 Nonresident Alien or Resident Alien? Page 9
or she makes the revocation by the due Samoa or Puerto Rico for the entire tax year, discussions cover the general rules as well
date for filing the tax return for that tax you are taxed as a nonresident alien. as the exceptions to these rules.
year. The spouse who revokes must at- Resident aliens who formerly were bona
tach a signed statement declaring that fide residents of American Samoa or Puerto Not all items of U.S. source income
the choice is being revoked. The state- Rico are taxed according to the rules for res- TIP are taxable. See chapter 3.
ment must include the name, address, ident aliens.
and identification number of each
spouse. (If one spouse dies, include the
Interest
name and address of the person who is Generally, income from U.S. sources includes
revoking the choice for the deceased interest on bonds, notes, or other interest-
spouse.) The statement also must in- bearing obligations of U.S. residents or do-
mestic corporations. Interest from U.S.
clude a list of any states, foreign coun-
tries, and possessions that have com- 2. sources also includes interest paid by a do-
munity property laws in which either mestic or foreign partnership or foreign cor-
poration engaged in a U.S. trade or business
spouse is domiciled or where real prop-
erty is located from which either spouse Source of at any time during the tax year. Interest in-
come also includes original issue discount. In
receives income. File the statement as
follows: Income addition, all interest received by a nonresident
alien individual from a state, the District of
a) If the spouse revoking the choice Columbia, or the U.S. Government during the
must file a return, attach the state- tax year is income from U.S. sources.
ment to the return for the first year The place or manner of payment is im-
the revocation applies,
Introduction material in determining the source of the in-
come.
b) If the spouse revoking the choice After you have determined your alien status, A substitute interest payment made to the
does not have to file a return, but you must determine the source of your in- transferor of a security in a securities lending
does file a return (for example, to come. This chapter will help you determine transaction or a sale-repurchase transaction
obtain a refund), attach the state- the source of different types of income you is sourced in the same manner as the interest
ment to the return, or may receive during the tax year. This chapter on the transferred security.
also discusses special rules for married indi-
c) If the spouse revoking the choice
viduals who are domiciled in a country with Exceptions. U.S. source interest income
does not have to file a return and
community property laws. does not include the following items.
does not file a claim for refund,
send the statement to the Internal
Revenue Service Center where you Topics 1) Interest paid by a resident alien or a do-
filed the last joint return. This chapter discusses: mestic corporation if for the 3-year period
ending with the close of the payer's tax
2) Death. The death of either spouse ends • Income source rules year preceding the interest payment at
the choice, beginning with the first tax least 80% of the payer's total gross in-
year following the year the spouse died. • Community income come:
However, if the surviving spouse is a
U.S. citizen or resident and is entitled to a) Is from sources outside the United
the joint tax rates as a surviving spouse, Useful Items States, and
the choice will not end until the close of You may want to see: b) Is attributable to the active conduct
the last year for which these joint rates of a trade or business by the indi-
may be used. If both spouses die in the Publication vidual or corporation in a foreign
same tax year, the choice ends on the country or a U.S. possession.
first day after the close of the tax year in 520 Scholarships and Fellowships
which the spouses died. 2) Interest paid by a foreign branch of a
721 Tax Guide to U.S. Civil Service domestic corporation or a domestic
3) Legal separation. A legal separation Retirement Benefits partnership on deposits or withdrawable
under a decree of divorce or separate See chapter 12 for information about get- accounts with mutual savings banks,
maintenance ends the choice as of the ting these publications. cooperative banks, credit unions, do-
beginning of the tax year in which the mestic building and loan associations,
legal separation occurs. and other savings institutions chartered
and supervised as savings and loan or
4) Inadequate records. The Internal Rev- similar associations under federal or
enue Service can end the choice for any Resident Aliens state law if the interest paid or credited
tax year that either spouse has failed to A resident alien's income is generally subject can be deducted by the association.
keep adequate books, records, and to tax in the same manner as a U.S. citizen;
other information necessary to determine 3) Interest on deposits with a foreign
that is, a resident alien is taxed on and must
the correct income tax liability, or to branch of a domestic corporation or do-
report income from all sources, including
provide adequate access to those rec- mestic partnership, but only if the branch
sources outside the United States.
ords. is in the commercial banking business.
If you are a resident alien, you must report
all interest, dividends, wages, or other com-
pensation for services, income from rental Dividends
property or royalties, and other types of in-
come on your U.S. tax return. You must report In most cases, dividend income received from
domestic corporations is U.S. source income.
Special Situations these amounts whether from sources within
or outside the United States. Dividend income from foreign corporations is
If you are a nonresident alien from American usually foreign source income. Exceptions to
Samoa or Puerto Rico, you may be treated both of these rules are discussed below.
as a resident alien. A substitute dividend payment made to the
If you are a nonresident alien in the United transferor of a security in a securities lending
States and a bona fide resident of American Nonresident Aliens transaction or a sale-repurchase transaction
Samoa or Puerto Rico during the entire tax A nonresident alien usually is subject to U.S. is sourced in the same manner as a distribu-
year, you are taxed, with certain exceptions, income tax only on U.S. source income. Un- tion on the transferred security.
according to the rules for resident aliens of der limited circumstances, certain foreign
the United States. For more information, see source income is subject to U.S. tax. See First exception. Dividends received from a
chapter 5. Foreign Income in chapter 4. domestic corporation are not U.S. source in-
If you are a nonresident alien from Amer- The general rules for determining U.S. come if the corporation elects to take the
ican Samoa or Puerto Rico who does not source income that apply to most nonresident Puerto Rico economic activity credit or the
qualify as a bona fide resident of American aliens are shown in Table 2–1. The following possession tax credit.
Page 10 Chapter 2 Source of Income
Second exception. Part of the dividends Activities to be performed outside the
received from a foreign corporation is U.S.
Transportation Income United States. Scholarships, fellowship
source income if 25% or more of its total Transportation income is income from the use grants, targeted grants, and achievement
gross income for the 3-year period ending of a vessel or aircraft or for the performance awards received by nonresident aliens for
with the close of its tax year preceding the of services directly related to the use of any activities performed, or to be performed, out-
declaration of dividends was effectively con- vessel or aircraft. This is true whether the side the United States are not U.S. source
nected with a trade or business in the United vessel or aircraft is owned, hired, or leased. income.
States. If the corporation was formed less The term “vessel or aircraft” includes any
than 3 years before the declaration, use its container used in connection with a vessel These rules do not apply to amounts
total gross income from the time it was
formed. Determine the part that is U.S. source
or aircraft.
All income from transportation that begins
! paid as salary or other compensation
CAUTION for services. See Personal Services,
income by multiplying the dividend by the and ends in the United States is treated as earlier, for the source rules that apply.
following fraction. derived from sources in the United States. If
Foreign corporation’s gross income the transportation begins or ends in the
connected with a U.S. trade or United States, 50% of the transportation in-
business for the 3-year period come is treated as derived from sources in Pensions and Annuities
the United States.
Foreign corporation’s gross income When you receive a pension from a domestic
For transportation income from personal
from all sources for that period trust for services performed both in and out-
services, 50% of the income is U.S. source
side the United States, part of the pension
income if the transportation is between the
payment is from U.S. sources. That part is the
United States and a U.S. possession. For
amount attributable to earnings of the trust
nonresident aliens, this only applies to income
and the employer contributions made for ser-
derived from, or in connection with, an air-
vices performed in the United States. This
craft.
Personal Services applies whether the distribution is made under
For information on how U.S. source
a qualified or nonqualified stock bonus, pen-
All wages and any other compensation for transportation income is taxed, see chapter
sion, profit-sharing, or annuity plan (whether
services performed in the United States are 4.
or not funded).
considered to be from sources in the United If you performed services as an employee
States. The only exception to this rule is dis- of the United States, you may receive a dis-
cussed in chapter 3, under Employees of tribution from the U.S. Government under a
foreign persons, organizations, or offices. Scholarships, Grants, plan, such as the Civil Service Retirement
If your compensation is for personal ser- Prizes, and Awards System, that is treated as a qualified pension
vices performed both inside and outside the plan. Your U.S. source income is the other-
United States, you must figure the amount of Generally, the source of scholarships, fellow-
ship grants, grants, prizes, and awards is the wise taxable amount of the distribution that is
income that is for services performed in the attributable to your total U.S. Government
United States. You usually do this on a time residence of the payer regardless of who ac-
tually disburses the funds. However, see Ac- basic pay other than tax-exempt pay for ser-
basis. That is, you must include in gross in- vices performed outside the United States.
come as U.S. source income the amount that tivities to be performed outside the United
results from multiplying the total amount of States, later.
compensation by the following fraction. For example, payments for research or
study in the United States made by the United
Number of days you performed States, a noncorporate U.S. resident, or a
Rents or Royalties
services in the United States domestic corporation, are from U.S. sources. Your U.S. source income includes rent and
Total number of days of service for Similar payments from a foreign government royalty income received during the tax year
which you receive payment or foreign corporation are foreign source from property located in the United States or
payments even though the funds may be from any interest in that property.
disbursed through a U.S. agent. U.S. source income also includes rents
Payments made by an entity designated or royalties for the use of, or for the privilege
Example. Jean Blanc, a nonresident al- as a public international organization under of using, in the United States, intangible
ien, is a professional hockey player with a the International Organizations Immunities property such as patents, copyrights, secret
U.S. hockey club. Under Jean's contract, he Act are from foreign sources. processes and formulas, goodwill, trade-
received $98,500 for 242 days of play during marks, franchises, and similar property.
the year. This includes days spent at pre-
season training camp, days during the regular Table 2-1. Summary of Source Rules for Income of Nonresident Aliens
season, and playoff game days. Of the 242
days, Jean spent 194 days performing ser- Type of Income: Source Determined By:
vices in the United States and 48 days playing
hockey in Canada. Jean's U.S. source in- Compensation for personal services Where services are performed
come is $78,963, figured as follows:
194 Dividends Residence of paying corporation
⫻ $98,500 = $78,963
242
Interest Residence of payor
States as an exchange visitor under the chapter 4. Example. On January 7, Maria Gomez is
Mutual Educational and Cultural Exchange notified of a scholarship of $2,500 for the
Act of 1961. spring semester. As a condition for receiving
Foreign employer. A foreign employer the scholarship, Maria must serve as a part-
is: time teaching assistant. Of the $2,500 schol-
1) A nonresident alien individual, foreign
Scholarships and arship, $1,000 represents payment for her
services. Assuming that Maria meets all other
partnership, or foreign corporation, or Fellowship Grants conditions, she can exclude no more than
2) An office or place of business main- If you are a candidate for a degree, you may $1,500 from income as a qualified scholar-
tained in a foreign country or in a U.S. be able to exclude from your income part or ship.
Restrictions for Child care credit. You may qualify for this
Dual-Status Taxpayers How To Figure Tax credit if you pay someone to care for your
dependent who is under age 13, or your dis-
When you figure your U.S. tax for a dual- abled dependent or disabled spouse so that
status year, you are subject to different rules you can work or look for work. Generally, you
The following restrictions apply if you are filing for the part of the year you are a resident and must be able to claim an exemption for your
a tax return for a dual-status tax year. the part of the year you are a nonresident. dependent.
Page 26 Chapter 6 Dual-Status Tax Year
Married dual-status aliens can claim the 1) Tax withheld from wages earned in the 15th day of the 6th month following the close
credit only if they choose to file a joint return United States, of your tax year. In any case, file your return
as discussed in chapter 1, or if they qualify with the Internal Revenue Service Center,
as certain married individuals living apart. 2) Taxes withheld at the source from vari- Philadelphia, PA 19255.
The amount of your child and dependent ous items of income from U.S. sources
care expense that qualifies for the credit in other than wages, If the regular due date for filing falls
any tax year cannot be more than your 3) Tax paid with Form 1040–ES or Form TIP on a Saturday, Sunday, or legal holi-
earned income for that tax year. 1040–ES(NR), and day, the due date is the next day that
For more information, get Publication 503 is not a Saturday, Sunday, or legal holiday.
and Form 2441. 4) Tax paid with Form 1040–C, at the time
of departure from the United States.
Credit for the elderly or the disabled. You
must be a U.S. citizen or resident to claim this
credit. You cannot claim the credit if you were
a nonresident alien at any time during your
Illustration of
tax year. However, the credit can be taken Forms To File Dual-Status Return
by a dual-status alien who is married to a U.S. The U.S. income tax return you must file as
citizen or resident and chooses to be treated a dual-status alien depends on whether you Sam R. Brown is single and a subject of the
as a U.S. resident for the entire year. For are a resident alien or a nonresident alien at United Kingdom (U.K.). He temporarily en-
further information about this credit, get Pub- the end of the tax year. tered the United States with an H–1 visa to
lication 524. develop a new product line for the Major
Resident at end of year. You must file Form Product Co. He arrived in the United States
Child tax credit. You may be able to take 1040 if you are a dual-status taxpayer who March 18, 1999, and left May 25, 1999, re-
this credit if you have a qualifying child. For becomes a resident during the year and who turning to his home in England.
this credit, a qualifying child: is a U.S. resident on the last day of the tax The Major Product Co. later offered Sam
year. Write “Dual-Status Return” across the a permanent job, and he returned to the
• Is a U.S. citizen, national, or resident al- top of the return. Attach a statement to your United States with a permanent visa on Sep-
ien, return to show the income for the part of the tember 10, 1999.
year you are a nonresident. You can use During Sam's temporary assignment in the
• Is claimed as a dependent on your tax Form 1040NR or Form 1040NR–EZ as the United States, the Major Product Co. paid him
return, statement, but be sure to mark “Dual-Status $6,500. He accounted to his employer for his
• Is your son, daughter, adopted child, Statement” across the top. expenses for travel, meals, and lodging while
grandchild, stepchild, or foster child, and on temporary assignment, and was reim-
bursed for his expenses. This amount was
• Was under age 17 at the end of the year. Nonresident at end of year. You must file
not included on his wage statement, Form
Form 1040NR or Form 1040NR–EZ if you are
W–2, given to him when he left the United
Use the Child Tax Credit Worksheet in the a dual-status taxpayer who gives up resi-
States.
Form 1040 instructions to figure the amount dence in the United States during the year
After Sam became permanently em-
of your credit. and who is not a U.S. resident on the last day
ployed, his wages for the rest of the year were
of the tax year. Write “Dual-Status Return”
$21,800, including reimbursement of his
across the top of the return. Attach a state-
Education credits. If you are a nonresident moving expenses. He received a separate
ment to your return to show the income for the
alien for any part of the year, you generally Form W–2 for this period. His other income
part of the year you are a resident. You can
cannot claim the education credits. However, received in 1999 was:
use Form 1040 as the statement, but be sure
if you are married and choose to file a joint Interest income paid by the U.S. Bank (not
to mark “Dual-Status Statement” across the
return with a U.S. citizen or resident spouse effectively connected):
top.
as discussed in chapter 1, you may be eligible
for these credits. March 31 ........................................................... $45
Statement. Any statement must have your June 30 ............................................................. $48
name, address, and taxpayer identification September 30 ................................................... $68
Foreign tax credit. If you have paid or are number on it. You do not need to sign a December 31 .................................................... $89
liable for the payment of income tax to a for- separate statement or schedule accompany-
eign country on income from foreign sources, Dividend income paid by Major Product
ing your return, since your signature on the Co. (not effectively connected):
you may be able to claim a credit for the for- return also applies to the supporting state-
eign taxes. ments and schedules. April 3 .............................................................. $120
If you claim the foreign tax credit, you July 3 .............................................................. $120
generally must file Form 1116 with your in- October 2 ........................................................ $120
come tax return. If you need more informa-
Interest income (in U.S. dollars) paid by
tion, see the instructions for Form 1116 or get
Publication 514. When and the U.K. Bank:
Page 29
Form 1040 (1999) Page 2
1040
Department of the Treasury—Internal Revenue Service
1999
Form
U.S. Individual Income Tax Return (99) IRS Use Only—Do not write or staple in this space. 34 Amount from line 33 (adjusted gross income) 34 20,515
For the year Jan. 1–Dec. 31, 1999, or other tax year beginning , 1999, ending , OMB No. 1545-0074
Tax and
35a Check if: You were 65 or older, Blind; Spouse was 65 or older, Blind.
Label Your first name and initial Last name Your social security number Credits Add the number of boxes checked above and enter the total here 35a
(See L Sam R. Brown 000 00 0000 b If you are married filing separately and your spouse itemizes deductions or
A
instructions If a joint return, spouse’s first name and initial Last name Spouse’s social security number you were a dual-status alien, see page 30 and check here 35b
“Yes” will not
Election Campaign Do you want $3 to go to this fund? X change your tax or $6,350 39 Taxable income. Subtract line 38 from line 37. If line 38 is more than line 37, enter -0- 39 16,843
(See page 18.) If a joint return, does your spouse want $3 to go to this fund? reduce your refund. Married filing 40 2,560
40 Tax (see page 31). Check if any tax is from a Form(s) 8814 b Form 4972
jointly or
1 X Single Qualifying 41 Credit for child and dependent care expenses. Attach Form 2441 41
Filing Status 2 Married filing joint return (even if only one had income) widow(er): 42 Credit for the elderly or the disabled. Attach Schedule R 42
$7,200
3 Married filing separate return. Enter spouse’s social security no. above and full name here. 43 Child tax credit (see page 33) 43
Married
4 Head of household (with qualifying person). (See page 18.) If the qualifying person is a child but not your dependent, filing 44 Education credits. Attach Form 8863 44
Check only
enter this child’s name here. separately: 45
one box. $3,600 45 Adoption credit. Attach Form 8839
5 Qualifying widow(er) with dependent child (year spouse died 19 ). (See page 18.) 46 Foreign tax credit. Attach Form 1116 if required 46
其
6a X Yourself. If your parent (or someone else) can claim you as a dependent on his or her tax No. of boxes
Line 40
47 Other. Check if from a Form 3800 b Form 8396
Exemptions return, do not check box 6a checked on Tax from
6a and 6b
1 Table-- $2,524; c Form 8801 d Form (specify) 47
b Spouse No. of your Tax from Form48 Add lines 41 through 47. These are your total credits 48
c Dependents: (3) Dependent’s (4) if qualifying
(2) Dependent’s
relationship to child for child tax
children on 6c 1040NR $36 49 Subtract line 48 from line 40. If line 48 is more than line 40, enter -0- 49 2,560
social security number who:
(1) First name Last name you credit (see page 19) 50 Self-employment tax. Attach Schedule SE 50
● lived with you Other
● did not live with 51 Alternative minimum tax. Attach Form 6251 51
If more than six you due to divorce Taxes 52
dependents, 52 Social security and Medicare tax on tip income not reported to employer. Attach Form 4137
or separation
see page 19. (see page 19) 53 Tax on IRAs, other retirement plans, and MSAs. Attach Form 5329 if required 53
Dependents on 6c 54 Advance earned income credit payments from Form(s) W-2 54
not entered above
55 Household employment taxes. Attach Schedule H 55
Add numbers
entered on
56 Add lines 49 through 55. This is your total tax 56 2,560
1
d Total number of exemptions claimed lines above Payments 57 Federal income tax withheld from Forms W-2 and 1099 57 2,736
7 Wages, salaries, tips, etc. Attach Form(s) W-2 7 28,300 58 1999 estimated tax payments and amount applied from 1998 return 58
Income 8a Taxable interest. Attach Schedule B if required 8a 395 59a Earned income credit. Attach Sch. EIC if you have a qualifying child Line 57
Attach b Tax-exempt interest. DO NOT include on line 8a 8b b Nontaxable earned income: amount
Copy B of your 9 Ordinary dividends. Attach Schedule B if required 9 120 and type 59a Includes
Forms W-2 and 10 60 $36 from
10 Taxable refunds, credits, or offsets of state and local income taxes (see page 21) 60 Additional child tax credit. Attach Form 8812
W-2G here. Form 1040NR
Also attach 11 Alimony received 11 61 Amount paid with request for extension to file (see page 48) 61
Form(s) 1099-R 12 Business income or (loss). Attach Schedule C or C-EZ 12 62 Excess social security and RRTA tax withheld (see page 48) 62
if tax was
13 Capital gain or (loss). Attach Schedule D if required. If not required, check here 13 63 Other payments. Check if from a Form 2439 b Form 4136 63
withheld.
14 Other gains or (losses). Attach Form 4797 14 64 Add lines 57, 58, 59a, and 60 through 63. These are your total payments 64 2,736
If you did not 15a Total IRA distributions 15a b Taxable amount (see page 22) 15b
Refund 65 If line 64 is more than line 56, subtract line 56 from line 64. This is the amount you OVERPAID 65 176
get a W-2, 16a Total pensions and annuities 16a b Taxable amount (see page 22) 16b 66a Amount of line 65 you want REFUNDED TO YOU 66a 176
see page 20. Have it
17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E 17
directly
18 deposited! b Routing number c Type: Checking Savings
Enclose, but do 18 Farm income or (loss). Attach Schedule F
not staple, any 19 See page 48
19 Unemployment compensation d Account number
and fill in 66b,
payment. Also, 20a 20b 66c, and 66d. 67 Amount of line 65 you want APPLIED TO YOUR 2000 ESTIMATED TAX 67
please use 20a Social security benefits b Taxable amount (see page 24)
21 Other income. List type and amount (see page 24) 21
Form 1040-V. Amount 68 If line 56 is more than line 64, subtract line 64 from line 56. This is the AMOUNT YOU OWE.
22 Add the amounts in the far right column for lines 7 through 21. This is your total income 22 28,815 For details on how to pay, see page 49 68
You Owe 69 Estimated tax penalty. Also include on line 68
23 IRA deduction (see page 26) 23 69
Adjusted 24 Student loan interest deduction (see page 26) 24 Sign Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and
belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge.
Gross 25 Medical savings account deduction. Attach Form 8853 25 Here
Your signature Date Your occupation Daytime telephone
Income 26 Moving expenses. Attach Form 3903 26 8,300 Joint return? number (optional)
27 One-half of self-employment tax. Attach Schedule SE 27 See page 18. Sam R. Brown 3-16-2000 R&D Specialist ( )
Keep a copy Spouse’s signature. If a joint return, BOTH must sign. Date Spouse’s occupation
28 Self-employed health insurance deduction (see page 28) 28 for your
29 Keogh and self-employed SEP and SIMPLE plans 29 records.
30 Penalty on early withdrawal of savings
31a Alimony paid b Recipient’s SSN
30
31a
Paid Preparer’s
signature Date
Check if
self-employed
Preparer’s SSN or PTIN
Preparer’s
32 Add lines 23 through 31a
33 Subtract line 32 from line 22. This is your adjusted gross income
32
33
8,300
20,515 Use Only
Firm’s name (or yours
if self-employed) and
address
EIN
ZIP code
For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see page 54. Cat. No. 11320B Form 1040 (1999) Form 1040 (1999)
Dual Status STATEMENT
1040NR
SCHEDULES A&B OMB No. 1545-0074 OMB No. 1545-0089
Schedule A—Itemized Deductions U.S. Nonresident Alien Income Tax Return
Form
(Form 1040)
Department of the Treasury
(Schedule B is on back) 1999
Attachment
Department of the Treasury
Internal Revenue Service beginning
For the year January 1–December 31, 1999, or other tax year
, 1999, and ending , 1999
Internal Revenue Service (99) Attach to Form 1040. See Instructions for Schedules A and B (Form 1040). Sequence No. 07 Your first name and initial Last name Identifying number (see page 5 of inst.)
Name(s) shown on Form 1040 Your social security number Sam R. Brown 000-00-0000
o f 99
Qualifying widow(er) with dependent child (year spouse died
Caution: Do not check box 7a if your parent (or someone else) can claim you as a dependent.
19 ). (See page 5 of inst.)
No. of boxes
s 19
checked on
Note. 11 Do not check box 7b if your spouse had any U.S. gross income. 7a and 7b
Personal
interest is
not
12 Points not reported to you on Form 1098. See page A-3
for special rules 12
7c Dependents:*
(1) First name
a
f 2, e)
Last name
(2) Dependent’s
identifying number
(3) Dependent’s
relationship
to you
(4) if qualifying
child for child tax
credit (see page 6)
No. of your
children on 7c
who:
o
.. ..
deductible. 13 Investment interest. Attach Form 4952 if required. (See . . *lived with you
Gifts to
14
15
Add lines 10 through 13
Gifts by cash or check. If you made any gift of $250 or
14 g .
..
.
..
.
.
..
.
..
.
**did not live
with you due
to divorce or
separation
310 .. .. **Dependents
Charity more, see page A-4 15 . . on 7c not
entered above
to
*Applies generally only to residents of Canada, Mexico, Japan, and the Republic of (South) Korea and to U.S. nationals. (See page 6 of inst.)
If you made a
gift and got a
benefit for it,
16 Other than by cash or check. If any gift of $250 or more,
see page A-4. You MUST attach Form 8283 if over $500 16
m
**Applies generally only to residents of Canada and Mexico and to U.S. nationals. (See page 6 of instructions.)
e jec t
Add numbers
entered on
v
17 Carryover from prior year 17 d Total number of exemptions claimed lines above
see page A-4.
o b
18 Add lines 15 through 17 18 310 8 Wages, salaries, tips, etc. Attach Form(s) W-2 8 6,500
N
9a Taxable interest 9a
(su
Theft Losses 19 Casualty or theft loss(es). Attach Form 4684. (See page A-5.) 19 b Tax-exempt interest. DO NOT include on line 9a 9b
10
其
Itemized No. Your deduction is not limited. Add the amounts in the far right column 27 Moving expenses. Attach Form 3903 27
Deductions for lines 4 through 27. Also, enter this amount on Form 1040, line 36. 28 922 28 Self-employed health insurance deduction (see page 10) 28
Yes. Your deduction may be limited. See page A-6 for the amount to enter. 29 Keogh and self-employed SEP and SIMPLE plans 29
30 Penalty on early withdrawal of savings 30
For Paperwork Reduction Act Notice, see Form 1040 instructions. Cat. No. 11330X Schedule A (Form 1040) 1999 31 Scholarship and fellowship grants excluded 31
32 Add lines 24 through 31. These are your total adjustments 32 -0-
Page 30
33 Subtract line 32 from line 23. Enter here and on line 34. This is your adjusted gross income 33
Cat. No. 11364D Form 1040NR (1999)
Form 1040NR (1999) Page 2 Form 1040NR (1999) Page 3
Page 31
Tax Computation 34 Amount from line 33 (adjusted gross income) 34
Schedule A—Itemized Deductions (See pages 13, 14, and 15.) 07
35 Itemized deductions from page 3, Schedule A, line 17 35 195
36 Subtract line 35 from line 34. If line 35 is more than line 34, enter -0- 36
37 Exemptions (see page 10) 37 State and 1 State income taxes 1 195
38 Taxable income. Subtract line 37 from line 36. If line 37 is more than line 36, enter -0- 38 Local
39 Tax. See page 10. Check if any tax from a Form(s) 8814 b Form 4972 39 Income 2
48 Tax on income not effectively connected with a U.S. trade or business from page 4, line 82 48 36
49
50 f 99
Social security and Medicare tax on tip income not reported to employer. Attach Form 4137
o
Tax on IRAs, other retirement plans, and MSAs. Attach Form 5329 if required
49
50
6 Carryover from prior year
of 99 6
51
52
Transportation tax (see page 12)
a s 19
Household employment taxes. Attach Schedule H (Form 1040)
51
52 Casualty and
7 Add lines 4 through 6
a s 19 7
53
54
o f 2, e)
Add lines 46 through 52. This is your total tax
Federal income tax withheld from Forms W-2, 1099, 1042-S, etc. 54 536
53 Theft Losses
Job
8
o f 2, e)
Casualty or theft loss(es). Attach Form 4684
9 Unreimbursed employee expenses—job travel, union
8
55
56
57
o 1
Additional child tax credit. Attach Form 8812
P be ch a
Amount paid with Form 4868 (request for extension)
g
1999 estimated tax payments and amount applied from 1998 return
r r n
55
56
57
58
Expenses
and Most
Other
Miscellaneous
r o
P be ch 1 a n
or Form 2106-EZ if required. See page 14 g
dues, job education, etc. You MUST attach Form 2106
r 9
58 Excess social security and RRTA tax withheld (see page 12)
Deductions 10 Tax preparation fees
to to
59 10
m m
59 Other payments. Check if from a Form 2439 b Form 4136
Payments
60
60
e
Credit for amount paid with Form 1040-C
t 11
e
Other expenses. See page 15 for expenses to deduct
t
ov bjec ov bjec
61 U.S. tax withheld at source: here. List type and amount
a From page 4, line 79 61a 36
N N
b By partnerships under section 1446 (from Form(s) 8805 or 1042-S) 61b
(su (su
62 U.S. tax withheld on dispositions of U.S. real property interests:
a From Form(s) 8288-A 62a 11
b From Form(s) 1042-S 62b
12 Add lines 9 through 11 12
63 Add lines 54 through 62b. These are your total payments 63 572 13 Enter the amount from Form
64 If line 63 is more than line 53, subtract line 53 from line 63. This is the amount you 1040NR, line 34 13
OVERPAID 64
65a Amount of line 64 you want REFUNDED TO YOU. If you want it directly deposited, see 14 Multiply line 13 by 2% (.02) 14
Refund
67 If line 53 is more than line 63, subtract line 63 from line 53. This is the AMOUNT YOU
OWE. For details on how to pay, including what to write on your payment, see page 13 67
其
Keep a copy Itemized box 3, 4, or 5 on page 1 of Form 1040NR)?
of this
return for Deductions No. Your deduction is not limited. Add the amounts in the far right column
your records. for lines 3 through 16. Enter the total here and on Form 1040NR, line 35. 17 195
Date Preparer’s SSN or PTIN
Paid Preparer’s
Check if Yes. Your deduction may be limited. See page 15 for the amount to enter
signature
Pre- self-employed here and on Form 1040NR, line 35.
parer’s
Use Only
Firm’s name (or
yours if self-employed)
and address
EIN
ZIP code
4
Form 1040NR (1999) Page 5
If (d) is more
Other Information (If an item does not apply to you, enter “N/A.”)
(g) GAIN
from (d)
(e) Other (specify)
36
A What country issued your passport? United Kingdom
M If you are claiming the benefits of a U.S. income tax treaty
with a foreign country, give the following information. See
)
than (d), subtract (d)
B Were you ever a U.S. citizen? Yes X No page 16 for additional information.
82
85
%
Enter amount of income under the appropriate rate of tax (see page 15)
● Country United Kingdom
If (e) is more
(f) LOSS
from (e)
C Give the purpose of your visit to the United States
Tax on income not effectively connected with a U.S. trade or business. Add columns (b)–(e) of line 81. Enter the total here and on Form
● Type and amount of effectively connected income exempt
Capital gain. Combine columns (f) and (g) of line 84. Enter the net gain here and on line 77 above (if a loss, enter -0-)
from tax. Also, identify the applicable tax treaty article. Do
Temporary assignment
not enter exempt income on lines 8–15, 16b, and 17b–21
84 (
D Type of entry visa and visa number H-1 For 1999 (also, include this exempt income on
(d) 30%
of change Permanent
basis
Tax on Income Not Effectively Connected With a U.S. Trade or Business
f 99
E Date you first entered the United States 3-18-99
For 1998
f 2, ge)
Attach Forms 1042-S, SSA-1042S, RRB-1042S, 1001 or similar form.
F Did you give up your permanent
f 99
(c) 15%
States this year? Yes No ● Type and amount of income not effectively connected that
s 19
240
240
36
G Dates you entered and left the United States during the
a
year. Residents of Canada or Mexico entering and leaving
f 2, e)
the United States at frequent intervals, give name of country
identify the applicable tax treaty article:
For 1999
only. Entered -- March 18, 1999
o Additional income of $240 taxed at 15% under Article 10
o
o 1
r g
(b) 10%
(c) Date
r n N/A
sold
H Give number of days (including vacation and nonwork For 1998
to
1997 , 1998 P be c h
, and 1999
a
days) you were present in the United States during:
0 0 182 .
a
to
t
m
I If you are a resident of Canada, Mexico, ● Were you subject to tax in that country
v ubjec
e je c
80
81
on any of the income you claim is entitled
Japan, or the Republic of (South) Korea,
t
at source
withheld
or a U.S. national, did your spouse
acquired
(b) Date
o b
o
contribute to the support of any child ● Did you have a permanent establishment
N
claimed on Form 1040NR, line 7c? Yes No
(su
or fixed base (as defined by the tax treaty)
36
m 36
If “Yes,” enter amount $ N/A in the United States at any time during
X No
N (s
If you were a resident of Japan or the Republic of (South) 1999? Yes
70b
69a
70a
70c
e
71
72
73
74
75
76
77
78
79
Korea for any part of the tax year, enter in the space below N If you file this return to report community income, give your
your total foreign source income not effectively connected spouse’s name, address, and identifying number.
o
residing in the United States (if applicable) may be allowed
in accordance with Article 4 of the income tax treaties O If you file this return for a trust, does the
83
84
85
attach an explanation as to why you are
a
L Have you excluded any gross income other
permanent resident status in the United
Form 1040NR (1999)
with
with
Mortgage
connected with a U.S. trade or business? X Yes No adjust your status to that of a lawful
Other
If “Yes,” show the amount, nature, and source of the permanent resident of the United States? Yes No
connected
connected
excluded income. Also, give the reason it was excluded.
(Do not include amounts shown in item M.)
c
b
b
a
If “Yes,” explain
70
71
72
73
74
75
76
77
78
79
80
81
82
69
Page 32
$93 U.S. bank interest not effectively connected with
a U.S. trade or business
If the due date for filing falls on a Form 1040NR–EZ
TIP Saturday, Sunday, or legal holiday,
You can use Form 1040NR–EZ if all of the
7. the due date is the next day which is
not a Saturday, Sunday, or legal holiday. following conditions are met.
You may be able to file your return elec-
1) You do not claim any dependents.
What, When, and tronically. See IRS e-file in your form in-
structions. 2) You cannot be claimed as a dependent
on someone else's return.
Where To File 3) If you were married, you cannot claim
an exemption for your spouse.
4) Your taxable income is less than
Nonresident Aliens $50,000.
Introduction Nonresident aliens who are required to file 5) You do not claim any itemized de-
an income tax return should use Form ductions (other than for state and local
What return you must file, as well as when
1040NR or, if qualified, Form 1040NR–EZ. income taxes).
and where you file that return, depends on
If you are any of the following you must file
your status at the end of the tax year as a 6) You had only wages, salaries, tips, tax-
a return.
resident or a nonresident alien. able refunds of state and local income
1) A nonresident alien individual engaged taxes, and scholarship or fellowship
or considered to be engaged in a trade grants. (If you had taxable interest or
Topics dividend income, you cannot use this
This chapter discusses: or business in the United States during
1999. form.)
You must file even if: 7) You are not claiming any adjustments to
• Forms aliens must file income other than the student loan in-
a) Your income did not come from a terest deduction or scholarship and fel-
• When and where to file trade or business conducted in the lowship grants excluded.
• Amended returns and claims for refund United States,
8) You are not claiming any credits.
• Transportation of currency or monetary b) You have no income from U.S.
instruments sources, or 9) You do not have any “other taxes” (other
than social security and Medicare tax on
c) Your income is exempt from income tip income not reported to employer or
tax. household employment taxes).
Useful Items 2) A nonresident alien individual not en- If you do not qualify to file Form
You may want to see: gaged in a trade or business in the 1040NR–EZ, you must file Form 1040NR.
United States with U.S. income on which
Forms (and Instructions) the tax liability was not satisfied by the
withholding of tax at the source. When and Where To File
1040 U.S. Individual Income Tax Return If you are an employee and you receive
3) A representative or agent responsible for
filing the return of an individual described wages subject to U.S. income tax withholding,
1040AU.S. Individual Income Tax Return
in (1) or (2). you will generally file by the 15th day of the
1040EZ Income Tax Return for Single 4th month after your tax year ends. If you file
and Joint Filers With No Depen- 4) A fiduciary for a nonresident alien estate for the 1999 calendar year, your return is due
dents or trust. April 17, 2000, because April 15, 2000, falls
on a Saturday.
1040NR U.S. Nonresident Alien Income Note. If you were a nonresident alien stu- If you are not an employee who receives
Tax Return dent or trainee who was temporarily present wages subject to U.S. income tax withholding,
in the United States under an “F,” “J,” “M,” or you must file by the 15th day of the 6th month
1040NR–EZ U.S. Income Tax Return for “Q” visa, you are considered engaged in a after your tax year ends. For the 1999 calen-
Certain Nonresident Aliens With trade or business in the United States. You dar year, file your return by June 15, 2000.
No Dependents must file Form 1040NR (or Form For information on when and where to make
1040NR–EZ) only if you have income that is estimated tax payments, see chapter 8.
4868 Application for Automatic Exten- subject to tax, such as wages, tips, scholar-
sion of Time To File U.S. Indi- ship and fellowship grants, dividends, etc. File Form 1040NR–EZ and Form
vidual Income Tax Return 1040NR at the following address.
See chapter 12 for information about get- You must also file if you want to:
ting these forms. Internal Revenue Service Center
1) Claim a refund of overwithheld or over- Philadelphia, PA 19255
paid tax, or
2) Claim the benefit of any deductions or
credits. For example, if you have no U.S.
Resident Aliens business activities but have income from When to file for deductions and credits.
Resident aliens should file Form 1040EZ, real property that you choose to treat as To get the benefit of any allowable deductions
1040A, or 1040 at the address shown in the effectively connected income (discussed or credits, you must timely file a true and ac-
instructions for that form. The due date for in chapter 4), you must timely file a true curate return. For this purpose, a return is
filing the return and paying any tax due is and accurate return to take any allow- timely if it is filed within 16 months of the due
April 15 of the year following the year for able deductions against that income. For date just discussed. However, if you did not
which you are filing a return (but see the information on what is timely, see When file a 1998 tax return and 1999 is not the first
TIP, below). to file for deductions and credits, later, year for which you are required to file one,
You are allowed an automatic extension under When and Where To File. your 1999 return is timely for this purpose if
to June 15 to file if your main place of busi- it is filed by the earlier of:
ness and the home you live in are outside the Even if you have left the United States 1) The date that is 16 months after the due
United States and Puerto Rico on April 15.
You can get an extension of time to August
! and filed a Form 1040–C, U.S. De-
CAUTION parting Alien Income Tax Return, on
date for filing your 1999 return, or
15 to file your return if you get an extension departure, you still must file an annual U.S. 2) The date the IRS notifies you that your
by April 15 (June 15 if you qualify for the June income tax return. If you are married and both 1999 return has not been filed and that
15 extension). See the instructions for the you and your spouse are required to file, you you cannot claim certain deductions and
form you are filing for more information. must each file a separate return. credits.
Chapter 7 What, When, and Where To File Page 33
The allowance of the following credits is not Department of Revenue and Taxation such form that title to them passes upon de-
affected by this time requirement. Government of Guam livery. The term includes bank checks and
P.O. Box 23607 money orders which are signed but on which
1) Credit for withheld taxes. GMF, GU 96921 the name of the payee has been omitted.
However, the term does not include bank
2) Credit for excise tax on certain uses of Residents of the CNMI should file their CNMI checks, travelers' checks, or money orders
gasoline and special fuels. income tax returns at the following address. made payable to the order of a named person
which have not been endorsed or which con-
3) Credit for tax paid by a regulated in- Division of Revenue and Taxation tain restrictive endorsements.
vestment company on capital gains. Commonwealth of the Northern Mariana A transfer of funds through normal bank-
Islands ing procedures (wire transfer) that does not
Protective return. If your activities in the P.O. Box 5234 CHRB involve the physical transportation of currency
United States were limited and you do not Saipan, MP 96950 or bearer monetary instruments is not re-
believe that you had any gross income effec- quired to be reported on Customs Form 4790.
tively connected with a U.S. trade or business
during the year, you can file a protective re- Filing requirements. Customs Form 4790
turn (Form 1040NR) by the deadline ex- If you are a resident of the United States filing requirements follow.
plained above. By filing a protective return, on the last day of your tax year, you should Recipients. Each person who receives
you protect your right to receive the benefit file your return with, and pay any balance of currency or other monetary instruments from
of deductions and credits in the event it is your tax due on income derived from all a place outside the United States must file
later determined that some or all of your in- sources to the Internal Revenue Service Customs Form 4790 within 15 days after re-
come is effectively connected. You are not Center, Philadelphia, PA 19255. ceipt, with the Customs officer in charge at
required to report any effectively connected any port of entry or departure, or by mail to
income or any deductions on the protective Penalties. The law imposes penalties for fil- the following address.
return, but you must give the reason the re- ing your tax return late or for late payment of
turn is being filed. any tax due. However, a penalty is not Commissioner of Customs
If you believe some of your activities re- charged if you can show that there was rea- Attention: Currency Transportation
sulted in effectively connected income, file sonable cause for your filing or paying late. Reports
your return reporting that income and related You may be subject to additional penalties 1301 Constitution Ave., N.W.
deductions by the regular due date. To pro- for: Washington, DC 20229
tect your right to claim deductions or credits
resulting from other activities, attach a state- 1) Not supplying a taxpayer identification Shippers or mailers. If the currency or
ment to that return explaining that you wish number when required, other monetary instrument does not accom-
to protect your right to claim deductions and pany the person entering or departing the
2) Filing a frivolous income tax return, or United States, Customs Form 4790 can be
credits if it is later determined that the other
activities produced effectively connected in- 3) Not including a tax shelter identification filed by mail with the Commissioner of Cus-
come. number on a return when required. toms at the above address, on or before the
You can follow the same procedure if you date of entry, departure, mailing, or shipping.
believe you have no U.S. tax liability because Travelers. Travelers must file Customs
of a U.S. tax treaty. Be sure to also complete Amended Returns Form 4790 with the Customs officer in charge
items L and M on page 5 of Form 1040NR. at any Customs port of entry or departure,
and Claims for Refund when entering or departing the United States.
If you find changes in your income, de-
Aliens from the Virgin Islands. ductions, or credits after you mail your return, Penalties. Civil and criminal penalties are
file Form 1040X, Amended U.S. Individual provided for failure to file a report, or if the
If you are a bona fide resident of the Income Tax Return. Attach Form 1040NR report contains material omissions or mis-
Virgin Islands on the last day of your showing the changes to your original return statements and for structuring the transpor-
tax year and work temporarily in the and write “Amended” across the top. Ordi- tation of currency or monetary instruments to
United States, you must pay your income narily, an amended return claiming a refund avoid filing a report. Also, the entire amount
taxes to the Virgin Islands and file your in- must be filed within 3 years from the date your of the currency or monetary instrument may
come tax returns at the following address. return was filed or within 2 years from the time be subject to seizure and forfeiture.
the tax was paid, whichever is later. A return More information regarding the filing of
Virgin Islands Bureau of Internal Revenue filed before the final due date is considered Customs Form 4790 can be found in the in-
9601 Estate Thomas to have been filed on the due date. structions on the back of the form.
Charlotte Amalie, St. Thomas
U.S. Virgin Islands 00802
Transportation of Currency
or Monetary Instruments
Report all income from U.S. sources, as
well as income from other sources, on your
return. For information on filing Virgin Islands
Customs Form 4790, Report of International
Transportation of Currency or Monetary In- 8.
struments, must be filed by each person who
returns, contact the Virgin Islands Bureau of physically transports, mails, or ships, or
Internal Revenue.
Chapter 8 discusses withholding from U.S.
causes to be physically transported, mailed, Paying Tax
or shipped, currency or other monetary in-
wages of Virgin Islanders. struments in a total amount of more than
$10,000 at one time from the United States
Through
Aliens from Guam or the Commonwealth
of the Northern Mariana Islands. If you are
to any place outside the United States, or into
the United States from any place outside the
Withholding or
a resident of Guam or the Commonwealth of
the Northern Mariana Islands (CNMI) on the
United States. The filing requirement also
applies to each person who attempts to Estimated Tax
last day of your tax year, you must file your transport, mail, or ship the currency or mon-
return and pay any tax due to Guam or the etary instruments or attempts to cause them
CNMI. Report all income, including income to be transported, mailed, or shipped.
from U.S. sources, on your return. It is not The term “monetary instruments” means
necessary to file a separate U.S. income tax coin or currency of the United States or of any Important Change
return. other country, travelers' checks in any form,
money orders, investment securities in bearer New forms. If your withholding agent is in
Guam residents should file their form or otherwise in such form that title to compliance with the new withholding regu-
Guam returns at the following ad- them passes upon delivery, and negotiable lations, you may be asked to complete new
dress. instruments (except warehouse receipts or forms. For information, see Important
bills of lading) in bearer form or otherwise in Changes at the beginning of this publication.
Page 34 Chapter 8 Paying Tax Through Withholding or Estimated Tax
sonal Services of a Nonresident 3) Request that your employer withhold an
Alien Individual additional amount of $7.60 per week on
Introduction line 6. If your wages are paid based on
8288–B Application for Withholding Cer-
This chapter discusses how to pay your U.S. a 2-week pay period, the additional
income tax as you earn or receive income tificate for Dispositions by Foreign amount will be $15.30. For other payroll
during the year. In general, the federal in- Persons of U.S. Real Property periods, ask your employer for the
come tax is a pay as you go tax. There are Interests amount to enter.
two ways to pay as you go. See chapter 12 for information about get-
ting these publications and forms. 4) Do not claim “Exempt” withholding sta-
1) Withholding. If you are an employee, tus on line 7.
your employer probably withholds in-
come tax from your pay. Tax may also A U.S. national is an individual who, al-
be withheld from certain other though not a U.S. citizen, owes his or her al-
income—including pensions, bonuses, Notification of legiance to the United States. U.S. nationals
commissions, and gambling winnings. In include American Samoans, and Northern
each case, the amount withheld is paid Alien Status Mariana Islanders who chose to become U.S.
to the U.S. Treasury in your name. You must let your employer know whether nationals instead of U.S. citizens.
you are a resident or a nonresident alien so See Reduced Withholding on Scholar-
2) Estimated tax. If you do not pay your your employer can withhold the correct ships and Fellowship Grants, later, for how to
tax through withholding, or do not pay amount of tax from your wages. fill out Form W–4 if you receive a U.S. source
enough tax that way, you might have to If you are a resident alien under the rules scholarship or fellowship grant.
pay estimated tax. People who are in discussed in chapter 1, you should file Form
business for themselves generally will 1078 with your employer. If you are a non- Students and business apprentices from
have to pay their tax this way. You may resident alien under those rules, you do not India. If you are eligible for the benefits of
have to pay estimated tax if you receive have to file a form, but it would be helpful if Article 21(2) of the United States-India In-
income such as dividends, interest, rent, you told your employer that you are a non- come Tax Treaty, you may claim additional
and royalties. Estimated tax is used to resident alien. withholding allowances for the standard de-
pay not only income tax, but self- If you are a resident alien and you receive duction and your spouse. You may also claim
employment tax and alternative mini- income other than wages (such as dividends an additional withholding allowance for each
mum tax as well. and royalties) from sources within the United of your dependents not admitted to the United
States, you should file Form 1078 with the States on “F–2,” “J–2,” or “M–2” visas if they
withholding agent (generally, the payer of the meet the same rules that apply to U.S. citi-
income) so the agent will not withhold tax on zens. You do not have to request additional
Topics the income at the 30% (or lower treaty) rate. withholding on line 6.
This chapter discusses: If you receive this type of income as a non-
resident alien, it is usually subject to with-
• How to notify your employer of your alien holding at the 30% (or lower treaty) rate. Withholding on Pensions
status If you receive a pension as a result of per-
• Income subject to withholding of income sonal services performed in the United
tax States, the pension income is treated as ef-
• Exemptions from withholding Withholding From fectively connected with a U.S. trade or busi-
ness. This income will be subject to gradu-
• Social security and Medicare taxes Compensation ated withholding under the pension with-
holding rules that apply to U.S. citizens and
• Estimated tax rules The following discussion generally applies resident aliens.
only to nonresident aliens. Tax is withheld You must fill out a Form W–4P using the
from resident aliens in the same manner as following guidelines. On line 2, check only
Useful Items U.S. citizens. “Single” marital status, and claim only one
You may want to see: Wages and other compensation paid to a withholding allowance unless you are a resi-
nonresident alien for services performed as dent of Canada, Mexico, Japan, or South
Publication an employee are usually subject to graduated Korea, or a U.S. national.
withholding at the same rates as resident al- A nonresident alien who receives periodic
515 Withholding of Tax on Nonresi- iens and U.S. citizens. Therefore, your com- pension payments or nonperiodic pension
dent Aliens and Foreign Corpo- pensation, unless it is specifically excluded distributions outside of the United States can
rations from the term “wages” by law, or is exempt choose to not have tax withheld under the
from tax by treaty, is subject to graduated graduated withholding rules. However, if you
533 Self-Employment Tax withholding. make this choice, the 30% (or lower treaty
901 U.S. Tax Treaties rate) withholding tax will apply.
which you incorrectly claimed a treaty ex- The certifications in (3) and (4) must be
Students, teachers, and researchers. Alien emption. For more details on treaty provisions disregarded by the buyer if the buyer has
students, teachers, and researchers who that apply to compensation, see Publication actual knowledge, or receives notice from a
perform dependent personal services (as 901. seller's or buyer's agent, that they are false.
Page 38 Chapter 8 Paying Tax Through Withholding or Estimated Tax
The tax required to be withheld on a dis- United States, regardless of the citizenship for this work unless the student is considered
position can be reduced or eliminated under or residence of either the employee or the a resident alien.
a withholding certificate issued by the IRS. employer. In limited situations, these taxes Students in “M–1” status who have com-
Either you or the buyer can request a with- apply to wages for services performed outside pleted a course of study can accept employ-
holding certificate. the United States. Your employer should be ment or practical training for up to six months
A withholding certificate can be issued due able to tell you if social security and Medicare and must have a Form I–688B or Form I–766
to any of the following. taxes apply to your wages. You cannot make issued by INS. Social security and Medicare
voluntary payments if no taxes are due. taxes are not withheld from “M–1” students'
1) A determination by the IRS that reduced pay for these services unless the student is
withholding is appropriate because ei- considered a resident alien.
ther: Students and In all other cases, any services performed
a) The amount required to be withheld Exchange Visitors by a nonresident alien student are not con-
would be more than the transferor's sidered as performed to carry out the purpose
Generally, services performed by you as a for which the student was admitted to the
maximum tax liability, or nonresident alien temporarily in the United United States. Social security and Medicare
b) Withholding of the reduced amount States as a nonimmigrant under subpara- taxes will be withheld from pay for the ser-
would not jeopardize collection of graph (F), (J), (M), or (Q) of section vices unless the pay is exempt under the
the tax. 101(a)(15) of the Immigration and Nationality Internal Revenue Code.
Act are not covered under the social security
2) The exemption from U.S. tax of all gain program if the services are performed to carry
realized by the transferor. out the purpose for which you were admitted Exchange Visitors
3) An agreement for the payment of tax to the United States. This means that there Nonresident aliens are admitted to the United
providing security for the tax liability, will be no withholding of social security or States as nonimmigrant exchange visitors
entered into by the transferee or trans- Medicare taxes from the pay you receive for under section 101(a)(15)(J) of the Immi-
feror. these services. These types of services are gration and Nationality Act through the spon-
very limited, and generally include only on- sorship of approved organizations and insti-
Get Publication 515 and Form 8288–B for campus work, practical training, and eco- tutions that are responsible for establishing a
information on procedures to request a with- nomic hardship employment. program for the exchange visitor and for any
holding certificate. However, you are covered under the so- later modification of that program. Generally,
cial security program for these services if you an exchange visitor who has the permission
Credit for tax withheld. The buyer must are considered a resident alien as discussed of the sponsor can work for the same reasons
report and pay over the withheld tax within in chapter 1, even though your nonimmigrant as the students discussed above. In these
20 days after the transfer using Form 8288, classification (“F,” “J,” “M,” or “Q”) remains the cases, permission is granted by a letter from
U.S. Withholding Tax Return for Dispositions same. Social security and Medicare taxes will the exchange visitor's sponsor or by
by Foreign Persons of U.S. Real Property In- be withheld from your pay. endorsement from the program sponsor on
terests. This form is filed with the IRS with two Form IAP–66, Certificate of Eligibility.
copies of Form 8288–A, Statement of With- Social security and Medicare taxes are not
holding on Dispositions by Foreign Persons
Nonresident Alien Students withheld on pay for services of an exchange
of U.S. Real Property Interests. Copy B of If you are a nonresident alien admitted to the visitor who has been given permission to work
this statement will be stamped received by United States as a student, you generally are and who possesses or obtains a letter of au-
the IRS and returned to you (the seller). You not permitted to work for a wage or salary or thorization from the sponsor unless the ex-
must file Copy B with your tax return to take to engage in business while you are in the change visitor is considered a resident alien.
credit for the tax withheld. United States. In some cases, a student, ad- In all other cases, services performed by
mitted to the United States in “F–1,” “M–1,” an exchange visitor are not considered as
or “J–1” status, is granted permission to work performed to carry out the purpose for which
and it is so noted on the student's copy of the visitor was admitted to the United States.
Immigration Form I–94, Arrival-Departure
Social Security and Record. Social security and Medicare taxes
Social security and Medicare taxes are with-
held from pay for the services unless the pay
Medicare Taxes are not withheld from pay for the work unless
the student is considered a resident alien.
is exempt under the Internal Revenue Code.
If you are a “J–1” visa holder, your spouse
If you work as an employee in the United or child may be permitted to work in the
States, you must pay social security and Any student who is enrolled and reg-
United States with the prior approval of the
Medicare taxes in most cases. Your pay- TIP ularly attending classes at a school
INS and issuance of Form I–688B or Form
ments of these taxes contribute to your cov- may be exempt from social security
I–766.
erage under the U.S. social security system. and Medicare taxes on pay for services per-
Nonresident aliens admitted to the United
Social security coverage provides retirement formed for that school.
States as participants in cultural exchange
benefits and medical insurance (Medicare) programs under section 101(a)(15)(Q) of the
benefits to individuals who meet certain eligi- The Immigration and Naturalization Ser- Immigration and Nationality Act may be ex-
bility requirements. vice (INS) permits on-campus work for stu- empt from social security and Medicare taxes.
In most cases, the first $72,600 of taxable dents in “F–1” status if it does not displace a Aliens with “Q” visas are aliens whose em-
wages received in 1999 for services per- U.S. resident. On-campus work means work ployment or training affords the opportunity
formed in the United States is subject to so- performed on the school's premises. On- for culture-sharing with the American public.
cial security tax. All taxable wages are subject campus employment includes work per- They are allowed to work in the United States
to Medicare tax. Your employer deducts these formed at an off-campus location that is edu- for a specific employer in an approved cultural
taxes from each wage payment. Your em- cationally affiliated with the school. exchange program. The employer must be
ployer must deduct these taxes even if you On-campus work under the terms of a schol- the petitioner through whom the alien ob-
do not expect to qualify for social security or arship, fellowship, or assistantship is consid- tained the “Q” visa. Social security and
Medicare benefits. You can claim a credit for ered part of the academic program of a stu- Medicare taxes are not withheld from pay for
excess social security tax on your income tax dent taking a full course of study and is this work unless the alien is considered a
return if you have more than one employer permitted by the INS. In this case, the edu- resident alien. Aliens with “Q” visas are not
and the amount deducted from your com- cational institution endorses the Form I–20. permitted to engage in employment outside
bined wages for 1999 is more than $4,501.20. Social security and Medicare taxes are not the exchange program activities.
Use the worksheet in chapter 3 of Publication withheld from pay for this work unless the
505, Tax Withholding and Estimated Tax, to student is considered a resident alien.
figure your credit. Employment due to severe economic ne- Refund of Taxes Withheld in Error
If any one employer deducted more than cessity and for optional practical training is If social security or Medicare taxes were
$4,501.20, you cannot claim a credit for that sometimes permitted for students in “F–1” withheld in error from pay you receive that is
amount. Ask your employer to refund the ex- status. Students granted permission to work not subject to these taxes, contact the em-
cess. due to severe economic necessity or for op- ployer who withheld the taxes for reimburse-
In general, U.S. social security and Medi- tional practical training will be issued Form ment. If you are unable to get a full refund
care taxes apply to payments of wages for I–688B or Form I–766 by INS. Social security of the amount from your employer, file a claim
services performed as an employee in the and Medicare taxes are not withheld from pay for refund with the Internal Revenue Service
Chapter 8 Paying Tax Through Withholding or Estimated Tax Page 39
on Form 843, Claim for Refund and Request If the foreign agency refuses to issue tax paid in figuring your adjusted gross in-
for Abatement, and attach a copy of your the necessary statement, either you come.
Form W–2 to prove the amount of social se- or your employer should request a
curity and Medicare taxes withheld. Also at- statement that your wages are not covered More information. Get Publication 533 for
tach a copy of your visa (if not stamped on by the U.S. social security system. Request more information about self-employment tax.
Form I–94), INS Form I–94 and INS Form the statement from the following address.
I–538, Certification by Designated School
Official. You must also attach a statement U.S. Social Security Administration
from your employer indicating the amount of Office of International Programs
the reimbursement your employer provided P.O. Box 17741 Estimated Tax
and the amount of the credit or refund your Baltimore, MD 21235
employer claimed or you authorized your Form 1040–ES(NR)
employer to claim. If you cannot obtain this You may have income from which no U.S.
statement from your employer, you must Only wages paid on or after the ef- income tax is withheld. Or the amount of tax
provide this information on your own state-
ment and explain why you are not attaching
!
CAUTION
fective date of the agreement can be
exempt from U.S. social security
withheld may not equal the income tax you
estimate you will owe at the end of the year.
a statement from your employer. taxes. If so, you may have to pay estimated tax.
File the claim for refund (with attachments) Generally, you must make estimated tax
with the IRS office where your employer's payments for 2000 if you expect to owe at
returns were filed. If you do not know where Self-Employment Tax least $1,000 in tax and you expect your with-
your employer's returns were filed, file your Nonresident aliens are not subject to self- holding and credits to be less than the smaller
claim with the Internal Revenue Service employment tax. Self-employment tax is the of:
Center, Philadelphia, PA 19255. social security and Medicare taxes for indi-
viduals who are self-employed. Residents of 1) 90% of the tax to be shown on your 2000
the Virgin Islands, Puerto Rico, Guam, the income tax return, or
International Social Commonwealth of the Northern Mariana Is-
2) 100% of the tax shown on your 1999
lands, or American Samoa are considered
Security Agreements U.S. residents for this purpose and are sub- income tax return (if your 1999 return
The United States has entered into social ject to the self-employment tax. covered all 12 months of the year).
security agreements with foreign countries to Resident aliens must pay self-employment
coordinate social security coverage and tax- tax under the same rules that apply to U.S. If your adjusted gross income for 1999 was
ation of workers employed for part or all of citizens. However, although a U.S. citizen more than $150,000 ($75,000 if your filing
their working careers in one of the countries. employed by an international organization, a status for 2000 is married filing separately),
These agreements are commonly referred to foreign government, or a wholly-owned in- substitute 108.6% for 100% in (2) above if you
as totalization agreements. Agreements with strumentality of a foreign government is sub- are not a farmer or a fisherman.
Austria, Belgium, Canada, Finland, France, ject to the self-employment tax on income A nonresident alien should use Form
Germany, Greece, Ireland, Italy, Luxembourg, earned in the United States, a resident alien 1040–ES(NR) to figure and pay estimated
the Netherlands, Norway, Portugal, Spain, employed by such an organization or gov- tax. Checks should be made payable to the
Sweden, Switzerland, and the United ernment does not have to pay self-employ- "United States Treasury."
Kingdom are in effect. Other agreements are ment tax.
also expected to enter into force in the future. If you are self-employed in both the United
Under these agreements dual coverage and States and in a country with which the United How to estimate your tax for 2000. If you
dual contributions (taxes) for the same work States has a social security agreement (as filed a 1999 return on Form 1040NR or Form
are eliminated. The agreements will generally discussed above), or you temporarily transfer 1040NR–EZ and expect your income, number
make sure that social security taxes are paid your business activity to or from one of these of exemptions, and total deductions for 1999
only to one country. countries, you may be exempt from self- to be nearly the same, you should use your
Generally, under these agreements, you employment tax as a result of the agreement. 1999 return as a guide to complete the Esti-
will be subject to social security taxes only in To establish your exemption, you should write mated Tax Worksheet in the Form 1040–
the country where you are working. However, to the foreign agency to which you pay your ES(NR) instructions. If you did not file a return
if you are temporarily sent to work in another foreign social security tax if you are in the for 1999, or if your income, exemptions, de-
country and your pay would normally be foreign country. If you are in the United ductions, or credits will be different for 2000,
subject to social security taxes in both coun- States, write to the Social Security Adminis- you must estimate these amounts. Figure
tries, the agreement may provide that you can tration, Office of International Programs, P.O. your estimated tax liability using the Tax Rate
remain covered only by the social security Box 17741, Baltimore, MD 21235, for a de- Schedule in the 2000 Form 1040–ES(NR) in-
system of the country from which you were termination of your social security tax liability structions for your filing status.
sent. More information on any specific under the agreement.
agreement can be obtained by contacting the Self-employment income you receive Note. If you expect to be a resident of
U.S. Social Security Administration. while you are a resident alien is subject to Puerto Rico during the entire year, use Form
To establish that your pay is subject only self-employment tax even if it was paid for 1040–ES.
to foreign social security taxes and is exempt services you performed as a nonresident al-
from U.S. social security taxes (including the ien. When to pay estimated tax. Make your first
Medicare tax) as a result of an agreement, estimated tax payment by the due date for
you or your employer should request a state- Example. Bill Jones is an author engaged filing the previous year's Form 1040NR or
ment from the appropriate agency of the for- in the business of writing books. Bill had Form 1040NR–EZ. If you have wages sub-
eign country. This will usually be the same several books published in a foreign country ject to the same withholding rules that apply
agency to which you or your employer pay while he was a citizen and resident of that to U.S. citizens, you must file Form 1040NR
your foreign social security taxes. The foreign country. During 1999, Bill entered the United or Form 1040NR–EZ and make your first es-
agency will be able to tell you what informa- States as a resident alien. After becoming a timated tax payment by April 17, 2000. If you
tion is needed for them to issue the state- U.S. resident, he continued to receive royal- do not have wages subject to withholding, file
ment. Your employer should keep a copy of ties from his foreign publisher. Bill reports his your income tax return and make your first
the statement because it may be needed to income and expenses on the cash basis (he estimated tax payment by June 15, 2000.
show why you are exempt from U.S. social reports income on his tax return when re- If your first estimated tax payment is due
security taxes. ceived and deducts expenses when paid). April 17, 2000, you can pay your estimated
You or your employer will need to request Bill's 1999 self-employment income includes tax in full at that time, or in equal installments
a statement from the foreign agency if you the royalties received after he became a U.S. by April 17, 2000, June 15, 2000, September
are working in a foreign country and would resident even though the books were pub- 15, 2000, and January 16, 2001. If your first
normally be subject to U.S. social security lished while he was a nonresident alien. payment is not due until June 15, 2000, you
taxes, but are exempt as a result of an can pay your estimated tax in full at that time,
agreement. However, some of the countries Deduction for one-half of self-employment or 1/2 of your estimated tax by June 15, 2000,
with which the United States has agreements tax. If you must pay self-employment tax, you 1/4 of the tax by September 15, 2000, and 1/4
will not issue statements in these cases. can deduct one-half of the self-employment by January 16, 2001.
Page 40 Chapter 8 Paying Tax Through Withholding or Estimated Tax
Fiscal year. If your return is not on a Useful Items Total compensation ................................... $24,100
calendar year basis, your due dates are the You may want to see: Less: Personal exemption ......................... 2,750
15th day of the 4th, 6th, and 9th months of
your fiscal year, and the 1st month of the fol- Taxable income ....................................... $21,350
lowing fiscal year. If any date falls on a Sat-
urday, Sunday, or legal holiday, use the next Publication Tax determined by graduated rate ( Tax
day that is not a Saturday, Sunday, or legal Table column for single taxpayers) ........... $3,206
holiday. 901 U.S. Tax Treaties Plus: Tax on gross dividends ($1,400 ×
30%) ........................................................... 420
Changes in income, deductions, or ex- Tax determined as though treaty had
emptions. Even if you are not required to Form (and Instructions) not come into effect ............................... $3,626
make an estimated tax payment in April or
June, your circumstances may change such Arthur's tax liability, figured by taking into
1040NR U.S. Nonresident Alien Income account the reduced rate on dividend income
that you will have to make estimated tax
payments later. This can happen if you re- Tax Return as provided by the tax treaty, is $3,416, de-
ceive additional income or if any of your de- termined as follows:
1040NR–EZ U.S. Income Tax Return for
ductions are reduced or eliminated. If so, see
the instructions for Form 1040–ES(NR) and Certain Nonresident Aliens With Tax determined by graduated rate (same
Publication 505 for information on figuring No Dependents as figured above) ....................................... $3,206
your estimated tax. Plus: Tax on gross dividends ($1,400 ×
8833 Treaty-Based Return Position
Disclosure Under Section 6114 15%) ........................................................... 210
Amended estimated tax. If, after you have or 7701(b) Tax on compensation and dividends ... $3,416
made estimated tax payments, you find your
estimated tax is substantially increased or See chapter 12 for information about get- His tax liability, therefore, is limited to
decreased because of a change in your in- ting these publications and forms. $3,416, the tax liability figured using the tax
come or exemptions, you should adjust your treaty rate on the dividends.
remaining estimated tax payments. To do
this, see the instructions for Form
1040–ES(NR) and Publication 505.
Treaty Income
Penalty for failure to pay estimated income
tax. You will be subject to a penalty for A nonresident alien's treaty income is the
gross income on which the tax is limited by
Some Typical Tax
underpayment of installments of estimated
tax except in certain situations. These situ- a tax treaty. Treaty income includes, for ex-
ample, dividends from sources in the United
Treaty Benefits
ations are explained on Form 2210, Under-
payment of Estimated Tax by Individuals, States that are subject to tax at a tax treaty Some general information follows concerning
Estates, and Trusts. rate not to exceed 15%. Nontreaty income is possible tax treaty benefits for income from
the gross income other than treaty income of certain activities in the United States. How-
a nonresident alien. ever, tax treaty benefits also cover such in-
Figure the tax on treaty income on each come as dividends, interest, rentals, royalties,
separate item of income at the reduced rate pensions, and annuities. If you are a resident
that applies to that item under the terms of the of a treaty country and receive this type of
treaty. income, you should consult the applicable
To determine tax on nontreaty income, treaty. See Table 9–1, Table of Tax Treaties,
9. figure a partial tax on nontreaty income either
at the flat 30% rate or the graduated rate,
for a list of treaty countries. Get Publication
901 for more information on tax treaties.
depending upon whether or not the income is The following provisions give a general
Tax Treaty effectively connected with your trade or busi-
ness in the United States.
explanation of some benefits found in many
tax treaties. The conditions for claiming the
exemptions vary under each tax treaty. You
Benefits Your tax liability is the sum of the tax on
treaty income plus the partial tax on nontreaty should read the treaty for your country of
income, but cannot be more than the tax li- residence to find out what the conditions are.
ability figured as if the tax treaty had not come
into effect.
Personal Services
Introduction Example. Arthur Banks is a nonresident
alien who is single and a resident of a foreign Nonresident aliens from treaty countries who
If you are a nonresident alien from a country country that has a tax treaty with the United are in the United States for a short stay and
with which the United States has an income States. He received gross income of $25,500 also meet certain other requirements may be
tax treaty, you may qualify for certain benefits. during the tax year from sources within the exempt from tax on their compensation re-
Most treaties require that the alien be a resi- United States, consisting of the following ceived for personal services performed in the
dent of the treaty country to qualify. However, items: United States. Many tax treaties require that
some treaties require that the alien be a na- the nonresident alien claiming this exemption
tional or a citizen of the treaty country. be present in the United States for a total of
Dividends on which the tax is limited to a
You can generally arrange to have with- 15% rate by the tax treaty ......................... $1,400 not more than 183 days during the tax year.
holding tax reduced or eliminated on wages Other tax treaties specify different periods of
and other income that is eligible for tax treaty Compensation for personal services on maximum presence in the United States, such
benefits. See Income Entitled to Tax Treaty which the tax is not limited as 180 days or 90 days. Spending part of a
Benefits in chapter 8. by the tax treaty ......................................... 24,100 day in the United States counts as a day of
Total gross income $25,500 presence.
Tax treaties may also require that:
Topics Arthur was engaged in business in the
This chapter discusses: United States during the tax year. His divi-
dends are not effectively connected with that 1) The compensation cannot be more than
business. He has no deductions other than a specific amount (frequently $3,000),
• Typical tax treaty benefits and
his own personal exemption.
• How to obtain copies of tax treaties His tax liability, figured as though the tax
treaty had not come into effect, is $3,626, 2) The individual have a foreign employer;
• How to claim tax treaty benefits on your determined as follows: that is, an individual, corporation, or en-
tax return tity of a foreign country.
Chapter 9 Tax Treaty Benefits Page 41
1) A reduction or modification in the taxa- to get exemption of their governmental wages
For Teachers tion of gain or loss from the disposition from U.S. income tax:
and Professors of a U.S. real property interest based on
Nonresident alien teachers or professors who a treaty. 1) By a provision in a tax treaty or consular
are residents of certain treaty countries and convention between the United States
2) A change to the source of an item of in- and their country, or
who temporarily visit the United States for the come or a deduction based on a treaty.
primary purpose of teaching at a university 2) By meeting the requirements of U.S. tax
or other accredited educational institution are law.
not subject to U.S. income tax on compen- 3) A credit for a specific foreign tax for
sation received for teaching for the first 2 or which foreign tax credit would not be al-
Employees of international organizations
3 years after their arrival in the United States. lowed by the Internal Revenue Code.
can only exempt their wages by meeting the
Many treaties also provide exemption for en- requirements of U.S. tax law.
gaging in research. You must also file Form 8833 if you re-
ceive payments or income items totaling more The exemption discussed in this chapter
Generally, the teacher or professor must applies only to pay received for services per-
be in the United States primarily to teach, than $100,000 and you determine your
country of residence under a treaty and not formed for a foreign government or interna-
lecture, instruct, or engage in research. A tional organization. Other U.S. income re-
substantial part of that person's time must be under the rules for residency discussed ear-
lier in this publication. ceived by persons who qualify for this
devoted to those duties. The normal duties exemption may be fully taxable or given fa-
of a teacher or professor include not only These are the more common situations for
which Form 8833 is required. vorable treatment under an applicable tax
formal classroom work involving regularly treaty provision. The proper treatment of this
scheduled lectures, demonstrations, or other kind of income (interest, dividends, etc.) is
student-participation activities, but also the Exceptions. You do not have to file Form discussed, earlier, in this publication.
less formal method of presenting ideas in 8833 for any of the following situations.
seminars or other informal groups and in joint
efforts in the laboratory. 1) You claim a reduced rate of withholding
tax under a treaty on interest, dividends,
rent, royalties, or other fixed or determi- Exemption
For Employees of nable annual or periodic income ordi-
Foreign Governments narily subject to the 30% rate. Under Tax Treaty
All treaties have provisions for the exemption 2) You claim a treaty reduces or modifies If you are from a country that has a tax treaty
of income earned by certain employees of the taxation of income from dependent with the United States, you should first look
foreign governments. However, a difference personal services, pensions, annuities, at the treaty to see if there is a provision that
exists among treaties as to who qualifies for social security and other public pen- exempts your income. The income of U.S.
this benefit. Under many treaties, aliens ad- sions, or income of artists, athletes, stu- citizens and resident aliens working for for-
mitted to the United States for permanent dents, trainees, or teachers. This in- eign governments usually is not exempt.
residence do not qualify. Under most treaties, cludes taxable scholarship and However, in a few instances, the income of
aliens who are not nationals or subjects of the fellowship grants. a U.S. citizen with dual citizenship may qual-
foreign country do not qualify. Employees of ify. Often the exemption is limited to the in-
3) You claim a reduction or modification of come of persons who also are nationals of the
foreign governments should read the perti- taxation of income under an International
nent treaty carefully to determine whether foreign country involved.
Social Security Agreement or a Diplo-
they qualify for benefits. Chapter 10 of this matic or Consular Agreement.
publication also has information for employ- Resident aliens from France. The United
ees of foreign governments. 4) You are a partner in a partnership or a States and France have come to an agree-
beneficiary of an estate or trust and the ment to relieve double taxation of U.S. per-
partnership, estate, or trust reports the manent residents who receive wages and
For Students, Apprentices, required information on its return. pensions for governmental services per-
formed for the government of France. Gen-
and Trainees 5) The payments or items of income that erally, this income is taxable in the United
Students, apprentices, and trainees generally are otherwise required to be disclosed States and France. However, the United
are exempt from tax on remittances (including total no more than $10,000. States will allow a credit for taxes paid to
scholarship and fellowship grants) received France on this income.
from abroad for study and maintenance. Penalty for failure to provide required in-
Also, under certain circumstances, a limited formation on Form 8833. If you are required
amount of compensation received by stu- to report the treaty benefits but do not, you
dents, apprentices, and trainees may be ex- are subject to a penalty of $1,000 for each
empt from tax. failure. Exemption Under
U.S. Tax Law
Capital Gains Employees of foreign governments who do
Most treaties provide for the exemption of not qualify under a tax treaty provision and
gains from the sale or exchange of personal employees of international organizations may
property. Generally, gains from the sale or
exchange of real property located in the 10. qualify for exemption by meeting the following
requirements of U.S. tax law.
United States is taxable.
The exemption under U.S. tax law
Employees ! applies only to current employees and
CAUTION not to former employees. Pensions
Australia TIAS 10773 Dec. 1, 1983 1986-2 C.B. 220 1986-2 C.B. 246
Austria TIAS Jan. 1, 1999
Barbados TIAS 11090 Jan. 1, 1984 1991-2 C.B. 436 1991-2 C.B. 466
Protocol TIAS Jan. 1, 1994
Belgium TIAS 7463 Jan. 1, 1971 1973-1 C.B. 619
Protocol TIAS 11254 Jan. 1, 1988
2
Canada TIAS 11087 Jan. 1, 1985 1986-2 C.B. 258 1987-2 C.B. 298
Protocol TIAS Jan. 1, 1996
China, People’s Republic of TIAS Jan. 1, 1987 1988-1 C.B. 414 1988-1 C.B. 447
Commonwealth of
3
Independent States TIAS 8225 Jan. 1, 1976 1976-2 C.B. 463 1976-2 C.B. 475
Cyprus TIAS 10965 Jan. 1, 1986 1989-2 C.B. 280 1989-2 C.B. 314
Czech Republic TIAS Jan. 1, 1993
Denmark TIAS 1854 Jan. 1, 1948 1950-1 C.B. 77 T.D. 5692, 1949-1 C.B. 104;
T.D. 5777, 1950-1 C.B. 76
Egypt TIAS 10149 Jan. 1, 1982 1982-1 C.B. 219 1982-1 C.B. 243
Finland TIAS Jan. 1, 1991
France TIAS Jan. 1, 1996
Germany TIAS Jan. 1, 19904
Greece TIAS 2902 Jan. 1, 1953 1958-2 C.B. 1054 T.D. 6109, 1954-2 C.B. 638
Hungary TIAS 9560 Jan. 1, 1980 1980-1 C.B. 333 1980-1 C.B. 354
Iceland TIAS 8151 Jan. 1, 1976 1976-1 C.B. 442 1976-1 C.B. 456
India TIAS Jan. 1, 1991
Indonesia TIAS 11593 Jan. 1, 1990
Ireland TIAS Jan. 1, 1998
Israel TIAS Jan. 1, 1995
Italy TIAS 11064 Jan. 1, 1985 1992-1 C.B. 442 1992-1 C.B. 473
Jamaica TIAS 10207 Jan. 1, 1982 1982-1 C.B. 257 1982-1 C.B. 291
Japan TIAS 7365 Jan. 1, 1973 1973-1 C.B. 630 1973-1 C.B. 653
Kazakstan TIAS Jan. 1, 1996
Korea, Republic of TIAS 9506 Jan. 1, 1980 1979-2 C.B. 435 1979-2 C.B. 458
Luxembourg TIAS 5726 Jan. 1, 1964 1965-1 C.B. 615 1965-1 C.B. 642
Mexico TIAS Jan. 1, 1994 1994-2 C.B. 424 1994-2 C.B. 489
Protocol TIAS Oct. 26, 1995
Morocco TIAS 10195 Jan. 1, 1981 1982-2 C.B. 405 1982-2 C.B. 427
Netherlands TIAS Jan. 1, 1994
New Zealand TIAS 10772 Nov. 2, 1983 1990-2 C.B. 274 1990-2 C.B. 303
Norway TIAS 7474 Jan. 1, 1971 1973-1 C.B. 669 1973-1 C.B. 693
Protocol TIAS 10205 Jan. 1, 1982 1982-2 C.B. 440 1982-2 C.B. 454
Pakistan TIAS 4232 Jan. 1, 1959 1960-2 C.B. 646 T.D. 6431, 1960-1 C.B. 755
Philippines TIAS 10417 Jan. 1, 1983 1984-2 C.B. 384 1984-2 C.B. 412
Poland TIAS 8486 Jan. 1, 1974 1977-1 C.B. 416 1977-1 C.B. 427
Portugal TIAS Jan. 1, 1996
Romania TIAS 8228 Jan. 1, 1974 1976-2 C.B. 492 1976-2 C.B. 504
Russia TIAS Jan. 1, 1994
Slovak Republic TIAS Jan. 1, 1993
South Africa TIAS Jan. 1, 1998
Spain TIAS Jan. 1, 1991
Sweden TIAS Jan. 1, 1996
Switzerland TIAS Jan. 1, 1998
Thailand TIAS Jan. 1, 1998
Trinidad and Tobago TIAS 7047 Jan. 1, 1970 1971-2 C.B. 479
Tunisia TIAS Jan. 1, 1990
Turkey TIAS Jan. 1, 1998
United Kingdom TIAS 9682 Jan. 1, 1975 1980-1 C.B. 394 1980-1 C.B. 455
1
(TIAS)—Treaties and Other International Act Series.
2
Information on the treaty can be found in Publication 597, Information on the United States—Canada Income Tax Treaty.
3
The U.S.—U.S.S.R. income tax treaty applies to the countries of Armenia, Azerbaijan, Belarus, Georgia, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan,
Ukraine, and Uzbekistan.
4
The general effective date for the area that was the German Democratic Republic is January 1, 1991.
This appendix contains the postgraduate or professional de- States as a recipient of a grant,
statements nonresident alien
People's Republic gree from a recognized educa- allowance, or award from
students must file with Form of China tional institution. [insert the name of the
8233, Exemption From With- I was a resident of the People's nonprofit organization or govern-
holding on Compensation for In- Republic of China on the date of ment institution providing the
dependent (and Certain De- my arrival in the United States. I Egypt grant, allowance, or award].
pendent) Personal Services of a am not a U.S. citizen. I have not I was a resident of Egypt on the I will receive compensation
Nonresident Alien Individual, to been lawfully accorded the privi- date of my arrival in the United for dependent personal services
claim a tax treaty exemption from lege of residing permanently in States. I am not a U.S. citizen. I performed in the United States.
withholding of tax on compen- the United States as an immi- have not been lawfully accorded This compensation qualifies for
sation for dependent personal grant. the privilege of residing perma- exemption from withholding of
services. For treaty countries not I am present in the United nently in the United States as an federal income tax under the tax
listed, attach a statement in a States solely for the purpose of immigrant. treaty between the United States
format similar to those for other my education or training. I am temporarily present in and the Federal Republic of
treaties. See chapter 8 for more I will receive compensation the United States for the primary Germany in an amount not in
information on withholding. for personal services performed purpose of studying at excess of $5,000 for any tax
in the United States. This com- [insert the name of the university year, provided that such services
pensation qualifies for exemption or other recognized educational are performed for the purpose
from withholding of federal in- institution at which you study]. of supplementing funds other-
Belgium, Iceland, come tax under the tax treaty I will receive compensation wise available for my mainte-
Japan, Korea, between the United States and for personal services performed nance, education, or training.
the People's Republic of China in the United States. This com- I arrived in the United States
Norway, Poland, in an amount not in excess of pensation qualifies for exemption on [insert the date of
and Romania $5,000 for any tax year. from withholding of federal in- your last arrival in the United
I arrived in the United States come tax under the tax treaty States before beginning study at
I was a resident of [insert on [insert the date of between the United States and the U.S. educational institution].
the name of the country under your last arrival in the United Egypt in an amount not in excess The treaty exemption is available
whose treaty you claim States before beginning study or of $3,000 for any tax year. I have only for compensation paid dur-
exemption] on the date of my training]. I am claiming this ex- not previously claimed an in- ing a period of four tax years
arrival in the United States. I am emption only for such period of come tax exemption under that beginning with the tax year that
not a U.S. citizen. I have not time as is reasonably necessary treaty for income received as a includes my arrival date.
been lawfully accorded the privi- to complete the education or teacher, researcher, or student
lege of residing permanently in training. before the date of my arrival in
the United States as an immi- the United States. Indonesia
grant. I will be present in the United I was a resident of Indonesia on
I am temporarily present in Cyprus States only for such period of the date of my arrival in the
the United States for the primary time as may be reasonably or
purpose of studying at I was a resident of Cyprus on the United States. I am not a U.S.
date of my arrival in the United customarily required to citizen. I have not been lawfully
[insert the name of the university effectuate the purpose of this
or other recognized educational States. I am not a U.S. citizen. I accorded the privilege of residing
have not been lawfully accorded visit. permanently in the United States
institution at which you study]. I arrived in the United States
I will receive compensation the privilege of residing perma- as an immigrant.
nently in the United States as an on [insert the date of I am temporarily present in
for personal services performed your last arrival in the United
in the United States. This com- immigrant. the United States solely for the
I am temporarily present in States before beginning study at purpose of study at
pensation qualifies for exemption the U.S. educational institution].
from withholding of federal in- the United States for the primary [insert the name of the university
purpose of studying at The treaty exemption is available or other accredited educational
come tax under the tax treaty only for compensation paid dur-
between the United States and [insert the name of the university institution at which you study];
or other recognized educational ing a period of five tax years be- or, I am temporarily present in
[insert the name of the ginning with the tax year that in-
country under whose treaty you institution at which you study]. the United States as a recipient
I will receive compensation cludes my arrival date, and for of a grant, allowance or award
claim exemption] in an amount such period of time as is neces-
not in excess of $2,000 for any for personal services performed from [insert the name of
in the United States. This com- sary to complete, as a full-time the nonprofit organization or
tax year. I have not previously student, educational require-
claimed an income tax ex- pensation qualifies for exemption government institution providing
from withholding of federal in- ments as a candidate for a post- the grant, allowance, or award]
emption under this treaty for in- graduate or professional degree
come received as a teacher, re- come tax under the tax treaty for the primary purpose of study,
between the United States and from a recognized educational research, or training.
searcher, or student before the institution.
date of my arrival in the United Cyprus in an amount not in ex- I will receive compensation
States. cess of $2,000 for any tax year. for services performed in the
I have not previously claimed an United States. This compen-
I will be present in the United
income tax exemption under that Germany sation qualifies for exemption
States only for such period of
time as may be reasonably or treaty for income received as a I was a resident of the Federal from withholding of federal in-
customarily required to student before the date of my Republic of Germany on the date come tax under the tax treaty
effectuate the purpose of this arrival in the United States. of my arrival in the United States. between the United States and
visit. I arrived in the United States I am not a U.S. citizen. I have Indonesia in an amount not in
I arrived in the United States on [insert the date of not been lawfully accorded the excess of $2,000 for my tax year,
on [insert the date of your last arrival in the United privilege of residing permanently provided such services are per-
your last arrival in the United States before beginning study at in the United States as an immi- formed in connection with my
States before beginning study at the U.S. educational institution]. grant. studies or are necessary for my
the U.S. educational institution]. The treaty exemption is available I am temporarily present in maintenance.
The treaty exemption is available only for compensation paid dur- the United States as a student I arrived in the United States
only for compensation paid dur- ing a period of five tax years be- or business apprentice for the on [insert the date of
ing a period of five tax years be- ginning with the tax year that in- purpose of full-time study or your last arrival in the United
ginning with the tax year that in- cludes my arrival date, and for training at [insert the States before beginning study at
cludes my arrival date. such additional period of time as name of the accredited univer- the U.S. educational institution].
is necessary to complete, as a sity, college, school or other ed- The treaty exemption is available
full-time student, educational re- ucational institution]; or, I am only for compensation paid dur-
quirements as a candidate for a temporarily present in the United ing a period of five tax years be-
Page 47
ginning with the tax year that in- pensation qualifies for exemption I am temporarily present in for any tax year. I have not pre-
cludes my arrival date. from withholding of federal in- the United States for the primary viously claimed an income tax
come tax under the tax treaty purpose of studying or training exemption under this treaty for
between the United States and at [insert the name of the income received as a teacher,
Pakistan in an amount not in ex- university or other accredited researcher, or student before the
Morocco cess of $5,000 for any tax year. educational institution at which date of my arrival in the United
I was a resident of Morocco on you study or train]; or, I am tem- States.
porarily present in the United I will be present in the United
the date of my arrival in the Philippines States as a recipient of a grant, States only for such period of
United States. I am not a U.S. I was a resident of the
citizen. I have not been lawfully allowance, or award from time as may be reasonably or
Philippines on the date of my [insert the name of the customarily required to
accorded the privilege of residing arrival in the United States. I am
permanently in the United States nonprofit organization or govern- effectuate the purpose of this
not a U.S. citizen. I have not ment institution providing the visit.
as an immigrant. been lawfully accorded the privi-
I am temporarily present in grant, allowance, or award]. I arrived in the United States
lege of residing permanently in I will receive compensation on [insert the date of
the United States for the primary the United States as an immi-
purpose of studying at for services performed in the your last arrival in the United
grant. United States. This compen- States before beginning study at
[insert the name of the university I am temporarily present in
or other recognized educational sation qualifies for exemption the U.S. educational institution].
the United States for the primary from withholding of federal in- The treaty exemption is available
institution at which you study]. purpose of studying at
I will receive compensation come tax under the tax treaty only for compensation paid dur-
[insert the name of the university between the United States and ing a period of five tax years.
for personal services performed or other recognized educational
in the United States. This com- Spain in an amount not in excess
institution at which you study]. of $5,000 for any tax year.
pensation qualifies for exemption I will receive compensation
from withholding of federal in- I arrived in the United States
come tax under the tax treaty
for personal services performed on [insert the date of Tunisia
in the United States. This com- your last arrival in the United
between the United States and pensation qualifies for exemption I was a resident of Tunisia on the
Morocco in an amount not in ex- States before beginning study at date of my arrival in the United
from withholding of federal in- the U.S. educational institution].
cess of $2,000 for any tax year. come tax under the tax treaty States. I am not a U.S. citizen. I
I have not previously claimed an The treaty exemption is available have not been lawfully accorded
between the United States and only for compensation paid dur-
income tax exemption under that the Philippines in an amount not the privilege of residing perma-
treaty for income received as a ing a period of five tax years be- nently in the United States as an
in excess of $3,000 for any tax ginning with the tax year that in-
student before the date of my year. I have not previously immigrant.
arrival in the United States. cludes my arrival date. I am temporarily present in
claimed an income tax ex-
I arrived in the United States emption under that treaty for in- the United States for the purpose
on [insert the date of come received as a teacher, re- of full-time study, training, or re-
your last arrival in the United search at [insert the
States before beginning study at
searcher, or student before the Trinidad and name of the university or other
date of my arrival in the United
the U.S. educational institution]. States. Tobago accredited educational institution
The treaty exemption is available I will be present in the United at which you study, train, or per-
I was a resident of Trinidad and
only for compensation paid dur- States only for such period of form research].
Tobago on the date of my arrival
ing a period of five tax years, time as may be reasonably or I will receive compensation
in the United States. I am not a
beginning with the tax year that customarily required to for services performed in the
U.S. citizen. I have not been
includes my arrival date. effectuate the purpose of this United States. This compen-
lawfully accorded the privilege
visit. sation qualifies for exemption
of residing permanently in the
I arrived in the United States from withholding of federal in-
United States as an immigrant.
on [insert the date of come tax under the tax treaty
Pakistan I am temporarily present in
your last arrival in the United between the United States and
the United States for the primary
I am a resident of Pakistan. I am States before beginning study at Tunisia in an amount not in ex-
purpose of studying at
not a U.S. citizen. I have not the U.S. educational institution]. cess of $4,000 for any tax year.
[insert the name of the university
been lawfully accorded the privi- The treaty exemption is available I arrived in the United States
or other accredited educational
lege of residing permanently in only for compensation paid dur- on [insert the date of
institution at which you study].
the United States as an immi- ing a period of five tax years be- your last arrival in the United
I will receive compensation
grant. ginning with the tax year that in- States before beginning study at
for personal services performed
I am temporarily present in cludes my arrival date. the U.S. educational institution].
in the United States. This com-
the United States solely as a The treaty exemption is available
pensation qualifies for exemption
student at [insert the only for compensation paid dur-
from withholding of federal in-
name of the recognized univer- Spain come tax under the tax treaty
ing a period of five tax years be-
sity, college, or school in the I was a resident of Spain on the ginning with the tax year that in-
between the United States and
United States at which you date of my arrival in the United cludes my arrival date.
Trinidad and Tobago in an
study]. States. I am not a U.S. citizen. I amount not in excess of $2,000
I will receive compensation have not been lawfully accorded
for personal services performed the privilege of residing perma-
in the United States. This com- nently in the United States as an
immigrant.
Page 48
Appendix B
This appendix contains the I have accepted an invitation under the tax treaty between the Any research I perform will
statements nonresident alien by the U.S. government, or by a United States and the People's not be undertaken primarily for
teachers and researchers must university or other recognized Republic of China. I have not the benefit of a private person
file with Form 8233, Exemption educational institution in the previously claimed an income tax or commercial enterprise of the
From Withholding on Compen- United States, to come to the exemption under that treaty for United States or a foreign trade
sation for Independent (and United States for the purpose of income received as a teacher, organization of [insert
Certain Dependent) Personal teaching or engaging in research lecturer, researcher, or student name of C.I.S. member], unless
Services of a Nonresident Alien at [insert the name of the before the date of my arrival in the research is conducted on the
Individual, to claim a tax treaty educational institution], which is the United States. basis of intergovernmental
exemption from withholding of a recognized educational institu- Any research I perform will agreements on cooperation.
tax on compensation for de- tion. I will receive compensation be undertaken in the public in- I arrived in the United States
pendent personal services. For for my teaching or research ac- terest and not primarily for the on [insert the date of
treaty countries not listed, attach tivities. private benefit of a specific per- your last arrival in the United
a statement in a format similar to The teaching or research son or persons. States before beginning the
those for other treaties. See compensation received during I arrived in the United States teaching, research, or confer-
chapter 8 for more information the entire tax year (or during the [insert the date of your ence services for which ex-
on withholding. portion of the year from last arrival in the United States emption is claimed]. The treaty
to ) qualifies for exemption before beginning your teaching, exemption is available only for
from withholding of federal tax lecturing, or research activities]. compensation received during a
Denmark and under the tax treaty between the The treaty exemption is available period of two years beginning on
United States and [insert only for compensation received that date.
Pakistan the name of the country under during a maximum aggregate
I am a resident of [insert whose treaty you claim period of three years.
the name of the country under exemption]. I have not previously
whose treaty you claim claimed an income tax ex- Egypt, Hungary,
exemption]. I am not a U.S. citi- emption under this treaty for in- Korea,
zen. I have not been lawfully ac- come received as a teacher, re- Commonwealth of
corded the privilege of residing searcher, or student before the Independent States Philippines, Poland,
permanently in the United States date of my arrival in the United and Romania
as an immigrant. States. (except Kazakstan
I am a professor or teacher Any research I perform will I was a resident of [insert
visiting the United States for the be undertaken in the public in-
and Russia) the name of the country under
purpose of teaching at terest and not primarily for the I am a resident of [insert whose treaty you claim
[insert the name of the educa- private benefit of a specific per- name of C.I.S. member]. I am not exemption] on the date of my
tional institution at which you son or persons. a U.S. citizen. I have not been arrival in the United States. I am
teach], which is a recognized I arrived in the United States lawfully accorded the privilege not a U.S. citizen. I have not
educational institution. I will re- on [insert the date of of residing permanently in the been lawfully accorded the privi-
ceive compensation for my your last arrival in the United United States as an immigrant. lege of residing permanently in
teaching activities. States before beginning the I have accepted an invitation the United States as an immi-
The teaching compensation teaching or research services for by a governmental agency or in- grant.
received during the entire tax which the exemption is claimed]. stitution in the United States, or I have accepted an invitation
year (or during the period from The treaty exemption is available by an educational or scientific by the U.S. government (or by a
to ) qualifies for ex- only for compensation received research institution in the United political subdivision or local au-
emption from withholding of fed- during a period of two years be- States, to come to the United thority thereof), or by a university
eral tax under the tax treaty be- ginning on that date. States for the purpose of teach- or other recognized educational
tween the United States and ing, engaging in research, or institution in the United States for
[insert the name of the participating in scientific, techni- a period not expected to exceed
country under whose treaty you cal, or professional conferences two years for the purpose of
claim exemption]. I have not People's Republic at [insert the name of the teaching or engaging in research
previously claimed an income tax of China governmental agency or institu- at [insert the name of the
exemption under this treaty for tion, educational or scientific in- educational institution], which is
I was a resident of the People's stitution, or organization spon- a recognized educational institu-
income received as a teacher or
Republic of China on the date of soring a professional tion. I will receive compensation
student before the date of my
my arrival in the United States. I conference], which is a govern- for my teaching or research ac-
arrival in the United States.
am not a U.S. citizen. I have not mental agency or institution, an tivities.
I arrived in the United States
been lawfully accorded the privi- educational or scientific institu- The teaching or research
on [insert the date of
lege of residing permanently in tion, or an organization sponsor- compensation received during
your last arrival into the United
the United States as an immi- ing a professional conference. I the entire tax year (or for the
States before beginning the
grant. will receive compensation for my portion of the year from
teaching services for which ex-
I am visiting the United States teaching, research, or confer- to ) qualifies for exemption
emption is claimed]. The treaty
for the purpose of teaching, giv- ence activities. from withholding of federal tax
exemption is available only for
ing lectures, or conducting re- The teaching, research, or under the tax treaty between the
compensation paid during a pe-
search at [insert the conference compensation re- United States and [insert
riod of two years beginning on
name of the educational institu- ceived during the entire tax year the name of the country under
that date.
tion or scientific research institu- (or during the period from whose treaty you claim
tion at which you teach, lecture, to ) qualifies for exemption exemption]. I have not previously
or conduct research], which is
Belgium and Japan an accredited educational insti-
from withholding of federal tax claimed an income tax ex-
under the tax treaty between the emption under this treaty for in-
I was a resident of [insert tution or scientific research insti- United States and the former come received as a teacher, re-
the name of the country under tution. I will receive compen- Union of Soviet Socialist Repub- searcher, or student before the
whose treaty you claim the sation for my teaching, lecturing, lics. I have not previously date of my arrival in the United
exemption] on the date of my or research activities. claimed an income tax ex- States.
arrival in the United States. I am The teaching, lecturing, or emption under that treaty for in- Any research I perform will
not a U.S. citizen. I have not research compensation received come received as a teacher, re- be undertaken in the public in-
been lawfully accorded the privi- during the entire tax year (or searcher, conference participant, terest and not primarily for the
lege of residing permanently in during the period from or student before the date of my private benefit of a specific per-
the United States as an immi- to ) qualifies for exemption arrival in the United States. son or persons.
grant. from withholding of federal tax
Page 49
I arrived in the United States I am a professor or teacher treaty exemption is available only States before beginning the
on [insert the date of visiting the United States for the for compensation received dur- teaching or research services for
your last arrival in the United purpose of teaching at ing a period of two years begin- which the exemption is claimed].
States before beginning the [insert the name of the other ed- ning on that date. The treaty exemption is available
teaching or research services for ucational institution at which you only for compensation paid dur-
which exemption is claimed]. The teach], which is an educational ing a period of two years begin-
treaty exemption is available only institution. I will receive compen- India ning on that date.
for compensation received dur- sation for my teaching activities. I was a resident of India on the Any research I perform will
ing a period of two years begin- The teaching compensation date of my arrival in the United be undertaken in the public in-
ning on that date. received during the entire tax States. I am not a U.S. citizen. I terest and not primarily for the
year (or during the period from have not been lawfully accorded private benefit of a specific per-
to ) qualifies for ex- the privilege of residing perma- son or persons.
Germany emption from withholding of fed- nently in the United States as an
eral tax under the tax treaty be- immigrant.
I am a resident of the Federal tween the United States and I am visiting the United States Italy
Republic of Germany. I am not Greece. I have not previously for the purpose of teaching or I was a resident of Italy on the
a U.S. citizen. I have not been claimed an income tax ex- conducting research at date of my arrival in the United
lawfully accorded the privilege emption under that treaty for in- [insert the name of the university, States. I am not a U.S. citizen. I
of residing permanently in the come received as a teacher or college, or other recognized ed- have not been accorded the
United States as an immigrant. student before the date of my ucational institution]. I will re- privilege of residing permanently
I am a professor or teacher arrival in the United States. ceive compensation for my in the United States as an immi-
visiting the United States for the I arrived in the United States teaching or study activities. grant.
purpose of advanced study, on [insert the date of The teaching or research I am a professor or teacher
teaching, or research at your last arrival in the United compensation received during visiting the United States for the
[insert the name of the accred- States before beginning the the entire tax year (or during the purpose of teaching or perform-
ited university, college, school, teaching services for which ex- period from to ) ing research at [insert
or other educational institution, emption is claimed]. The treaty for these activities qualifies for the name of the educational in-
or a public research institution exemption is available only for exemption from withholding of stitution or medical facility at
or other institution engaged in compensation received during a federal tax under the tax treaty which you teach or perform
research for the public benefit]. I period of three years beginning between the United States and research], which is an educa-
will receive compensation for my on that date. India. tional institution or a medical fa-
teaching, research, or study ac-
Any research I perform will cility primarily funded from gov-
tivities.
be undertaken in the public in- ernmental sources. I will receive
The compensation received Iceland and Norway terest and not primarily for the compensation for my teaching
during the entire tax year (or
I was a resident of [insert private benefit of a specific per- or research activities.
during the period from
the name of the country under son or persons. The compensation received
to ) for these activities
whose treaty you claim I arrived in the United States during the entire tax year (or
qualifies for exemption from
exemption] on the date of my on [insert the date of during the period from
withholding of federal tax under
arrival in the United States. I am your last arrival into the United to ) qualifies for exemption
the tax treaty between the United
not a U.S. citizen. I have not States before beginning the ser- from withholding of federal tax
States and the Federal Republic
been lawfully accorded the privi- vices for which the exemption is under the tax treaty between the
of Germany. I have not previ-
lege of residing permanently in claimed]. The treaty exemption United States and Italy. I have
ously claimed an income tax ex-
the United States as an immi- is available only for compen- not previously claimed an in-
emption under that treaty for in-
grant. sation paid during a period of two come tax exemption under that
come received as a student,
I have accepted an invitation years beginning on that date. treaty for income received as a
apprentice, or trainee during the
by the U.S. government, or by a teacher, researcher, or student
immediately preceding period.
university or other recognized before the date of my arrival in
(If, however, following the period Indonesia
educational institution in the the United States.
in which the alien claimed bene-
United States for a period not I was a resident of Indonesia on Any research I perform will
fits as a student, apprentice, or
expected to exceed two years for the date of my arrival in the be undertaken in the general in-
trainee, that person returned to
the purpose of teaching or en- United States. I am not a U.S. terest and not primarily for the
the Federal Republic of Germany
gaging in research at citizen. I have not been lawfully private benefit of a specific per-
and resumed residence and
[insert the name of the educa- accorded the privilege of residing son or persons.
physical presence before return-
tional institution], which is a rec- permanently in the United States I arrived in the United States
ing to the United States as a
ognized educational institution. I as an immigrant. on [insert the date of
teacher or researcher, that per-
will receive compensation for my I have accepted an invitation your last arrival in the United
son may claim the benefits of this
teaching or research activities. by [insert the name of States before beginning the
treaty.)
The teaching or research the university, college, school, teaching or research services for
Any research I perform will
compensation qualifies for ex- or other similar educational which exemption is claimed]. The
be undertaken in the public in-
emption from withholding of fed- institution] to come to the United treaty exemption is available only
terest and not primarily for the
eral tax under the tax treaty be- States solely for the purpose of for compensation received dur-
private benefit of a specific per-
tween the United States and teaching or engaging in research ing a period of two years begin-
son or persons.
[insert the name of the at that educational institution. I ning on that date.
I arrived in the United States
on [insert the date of country under whose treaty you will receive compensation for my
your last arrival into the United claim exemption]. I have not teaching or research activities.
States before beginning the ser- previously claimed an income tax The teaching or research Jamaica
vices for which the exemption is exemption under this treaty for compensation received during I was a resident of Jamaica on
claimed]. The treaty exemption income received as a teacher, the entire tax year (or during the the date of my arrival in the
is available only for compen- researcher, or student before the period from to ) United States. I am not a U.S.
sation paid during a period of two date of my arrival in the United qualifies for exemption from citizen. I have not been lawfully
years beginning on that date. States. withholding of federal tax under accorded the privilege of residing
Any research I perform will the tax treaty between the United permanently in the United States
not be undertaken primarily for States and Indonesia. I have not as an immigrant.
the private benefit of a specific previously claimed an income tax I am visiting the United States
Greece person or persons. exemption under that treaty for for the purpose of teaching or
I am a resident of Greece. I am I arrived in the United States income received as a teacher or conducting research for a period
not a U.S. citizen. I have not on [insert the date of researcher before the date not expected to exceed two
been lawfully accorded the privi- your last arrival in the United specified in the next paragraph. years at [insert the name
lege of residing permanently in States before beginning the I arrived in the United States of the educational institution at
the United States as an immi- teaching or research services for on [insert the date of which you teach or conduct
grant. which exemption is claimed]. The your arrival into the United research], which is a recognized
Page 50
educational institution. I will re- the entire tax year (or during the educational institution approved I am a professor or teacher
ceive compensation for my period from to ) qual- by an appropriate governmental visiting the United States for a
teaching or research activities. ifies for exemption from with- education authority. No agree- period of not more than two
The teaching or research holding of federal tax under the ment exists between the gov- years for the purpose of teaching
compensation received during tax treaty between the United ernment of the United States and or engaging in research at
the entire tax year (or during the States and Luxembourg. I have the government of Trinidad and [insert the name of the
period from to ) qual- not previously claimed an in- Tobago for the provision of my educational institution], which is
ifies for exemption from with- come tax exemption under that services. I will receive compen- a recognized educational institu-
holding of federal tax under the treaty for income received as a sation for my teaching or re- tion. I will receive compensation
tax treaty between the United teacher, researcher, or student search services. for my teaching or research ac-
States and Jamaica. I have not before the date of my arrival in The teaching or research tivities.
previously claimed an income tax the United States. compensation received during The teaching or research
exemption under that treaty for Any research I perform will the entire tax year (or for the compensation received during
income received as a teacher, not be carried on for the benefit period from to ) qual- the entire tax year (or during the
researcher, or student before the of any person using or dissem- ifies for exemption from with- period from to ) qual-
date of my arrival in the United inating the results for purposes holding of federal tax under the ifies for exemption from with-
States. of profit. tax treaty between the United holding of federal tax under the
I arrived in the United States I arrived in the United States States and Trinidad and Tobago. tax treaty between the United
on [insert the date of on [insert the date of I have not previously claimed an States and the United Kingdom.
your last arrival in the United your last arrival in the United income tax exemption under that I have not previously claimed an
States before beginning the States before beginning the treaty for income received as a income tax exemption under that
teaching or research services for teaching or research services for teacher, researcher, or student treaty for income received as a
which exemption is claimed]. The which exemption is claimed]. The before the date of my arrival in teacher, researcher, or student
treaty exemption is available only treaty exemption is available only the United States. before the date of my arrival in
for compensation paid during a for compensation received dur- Any research I perform will the United States.
period of two years beginning on ing a period of two years begin- be undertaken in the public in- Any research I perform will
that date. ning on that date. terest and not primarily for the be undertaken in the public in-
private benefit of a specific per- terest and not primarily for the
son or persons. benefit of any private person or
Luxembourg I arrived in the United States persons.
I am a resident of Luxembourg. Trinidad and on [insert the date of I arrived in the United States
I am not a U.S. citizen. I have your last arrival in the United on [insert the date of
not been lawfully accorded the Tobago States before beginning the your last arrival in the United
privilege of residing permanently I was a resident of Trinidad and teaching or research services for States before beginning the
in the United States as an immi- Tobago on the date of my arrival which exemption is claimed]. The teaching or research services for
grant. in the United States. I am not a treaty exemption is available only which exemption is claimed]. The
I have accepted an invitation U.S. citizen. I have not been for compensation received dur- treaty exemption is available only
by [insert the name of lawfully accorded the privilege ing a period of two years begin- for compensation received dur-
the educational institution where of residing permanently in the ning on that date. ing a period of two years begin-
you teach or engage in United States as an immigrant. ning on that date. The entire
research], which is a recognized I have accepted an invitation treaty exemption is lost
educational institution, to come by the U.S. government, or by a United Kingdom retroactively if my stay in the
to the United States for the pur- university or other educational I was a resident of the United United States exceeds two
pose of teaching or engaging in institution in the United States, Kingdom on the date of my ar- years.
research at that institution. I will to come to the United States for rival in the United States. I am
receive compensation for my the purpose of teaching or en- not a U.S. citizen. I have not
teaching or research activities. gaging in research at been accorded the privilege of
The teaching or research [insert the name of the educa- residing permanently in the
compensation received during tional institution], which is an United States as an immigrant.
Page 51
Index
Page 52