Get US Nonresident Alien Income Tax ReturnForm 1040NR

A green card holder generally must report and pay tax in the same manner as a United States citizen, which means that they report and pay tax on their world-wide income and file a Form 1040.

What is Form 1040-NR? The Form 1040-NR refers to a U.S. Non-Resident Alien Income Tax Return. The form looks similar to IRS Form 1040, but there are some immediate differences right at the top of the first page of the form. For example, taxpayers do not file this form jointly.

You must file Form 1040-NR, U.S. Nonresident Alien Income Tax Return only if you have income that is subject to tax, such as wages, tips, scholarship and fellowship grants, dividends, etc. Refer to Foreign Students and Scholars for more information.

If you are living and working in the U.S. as a nonresident alien, you may be required to file a federal tax return. The Internal Revenue Service (IRS) considers you a nonresident alien if you are not a lawful permanent resident (Green Card holder) or do not pass their substantial presence test.

A nonresident alien (for tax purposes) must pay taxes on any income earned in the U.S. to the Internal Revenue Service, unless the person can claim a tax treaty benefit.

Tax Treatment of Nonresident Alien If you are a nonresident alien engaged in a trade or business in the United States, you must pay U.S. tax on the amount of your effectively connected income, after allowable deductions, at the same rates that apply to U.S. citizens and residents.

If your income is less than your standard deduction, you generally don't need to file a return (provided you don't have a type of income that requires you to file a return for other reasons, such as self-employment income).

What if I accidentally filed form 1040, instead of Form 1040NR? Nonresidents who file their tax returns with form 1040 (which is for U.S. citizens and residents) instead of the return for nonresidents (Form 1040NR) may claim credits or take deductions to which they are not entitled.