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  • Resident Or Nonresident Alien Decision Tree

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Resident or Nonresident Alien Decision Tree Start here to determine your residency status for federal income tax purposesWere you a lawful permanent resident of the United States (had a green card) at.

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How to use or fill out the Resident Or Nonresident Alien Decision Tree online

This guide offers a clear and supportive approach to completing the Resident Or Nonresident Alien Decision Tree. By following these steps, users can determine their residency status for federal income tax purposes efficiently.

Follow the steps to fill out the Resident Or Nonresident Alien Decision Tree online.

  1. Press the 'Get Form' button to access the decision tree form and open it in your preferred online document editor.
  2. Begin by answering the first question: Were you a lawful permanent resident of the United States (possessing a 'green card') at any time during the current tax year? Choose 'Yes' or 'No' depending on your status.
  3. If you answered 'No' to the first question, proceed to the next inquiry: Were you physically present in the United States on at least 183 days during the three-year period including the current tax year and the two preceding years? Review your presence using the outlined calculations before selecting 'Yes' or 'No.'
  4. If you select 'Yes,' check whether you were physically present in the United States on at least 183 days during the current tax year by answering the next question. Choose 'Yes' or 'No.'
  5. If you answer 'No' to being present for at least 183 days this year, you will need to confirm if you were present for at least 31 days. Respond accordingly.
  6. For users who were present for at least 31 days, determine if you can establish a tax home in a foreign country. If your connection is closer to that country than to the United States, select 'Yes' or 'No.'
  7. Based on your responses, the decision tree will indicate whether you are classified as a resident or nonresident alien for U.S. tax purposes. Complete this form by saving your changes, and you can download, print, or share the document as needed.

Start filling out the Resident Or Nonresident Alien Decision Tree online today to determine your tax residency status.

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A nonresident alien is an alien who has not passed the green card test or the substantial presence test.

A resident alien is defined as someone who is a permanent resident of the country in which they reside but does not have citizenship. To fall under this classification in the United States, a person needs to either have a current green card or have had one in the previous calendar year.

What is the H-1B visa? The H-1B visa is a nonimmigrant work visa that allows U.S. employers to hire foreign workers with specialized skills to work in the United States for a specific period of time. Typically, the roles require a bachelor's degree or equivalent.

Resident aliens generally are taxed on their worldwide income, similar to U.S. citizens. A non-resident alien is a lawful permanent resident of the U.S. at any time if they have been given the privilege, ing to the immigration laws, of residing permanently as an immigrant.

If you are not a U.S. citizen, you are considered a nonresident of the United States for U.S. tax purposes unless you meet one of two tests. You are a resident of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year (January 1 – December 31).

Generally, an alien in H-1B status (hereafter referred to as “H-1B alien”) will be treated as a U.S. resident for federal income tax purposes if he or she meets the Substantial Presence Test. The test is applied on a calendar year-by-calendar year basis (January 1 – December 31).

If you are not a U.S. citizen, you are considered a nonresident of the United States for U.S. tax purposes unless you meet one of two tests. You are a resident of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year (January 1 – December 31).

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232
Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
Privacy Notice
Legal Hub
Content Takedown Policy
Bug Bounty Program
About Us
Blog
Affiliates
Contact Us
Delete My Account
Site Map
Industries
Forms in Spanish
Localized Forms
State-specific Forms
Forms Kit
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate WorkFlow
DocHub
Instapage
Social Media
Call us now toll free:
+1 833 426 79 33
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232