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Nonresident Alien Tax Filing Overview

Excitement fills the air as you imagine a journey to the United States or prepare to set off on one. The allure of visiting The Land of Opportunity is sure to ignite your sense of adventure. But what about filing Nonresident Alien Tax ?

Navigating through the intricacies of American culture can be a challenging experience, especially for newcomers, with one particular aspect causing confusion – taxes. Rapid Tax is your go-to resource for simplifying the tax process for nonresidents in the U.S. Delve into our comprehensive guide on how to file taxes as a nonresident in the U.S.

Am I a Nonresident Alien for Tax Filing in the U.S. ?

When someone is not a U.S. citizen or U.S. national, they are classified as an alien. Suppose a person arrives from a foreign country. In that case, they are categorized as a ‘nonresident alien’ for tax reasons unless they satisfy or pass the Green Card Test or the Substantial Presence Test criteria.

When it comes to individuals holding F-1, J-1, M-1, Q-1, or Q-2 visas, the requirement remains consistent. Being physically present in the U.S. is essential to satisfy the Substantial Presence test.

In calculating the total days of physical presence, the count includes all the days you spent in the current year. Additionally, 1/3 of the days from the year prior to the current one and 1/6 of the days from the second year preceding the current one are also taken into account.

Nonresident Alien Tax

Taxable Income for Nonresidents for Tax Filing

As a nonresident alien, only the income coming from within the United States (with exceptions for specific investments) is subject to taxation. Additional information on the types of income that are taxable for nonresidents can be found here.

When it comes to taxation, a resident alien is defined as an individual who is either a U.S. citizen or a foreign national that satisfies either the “green card” or “substantial presence” criteria. These resident aliens are required to pay taxes on their global income, just like U.S. citizens.

Do U.S. Nonresident Aliens Have to Pay Taxes?

Foreign individuals who are not permanent residents are typically taxed solely on income earned from U.S. sources. They are required to adhere to varying tax rates for effectively connected income (ECI) and fixed or determinable, annual, or periodic (FDAP) income.

ECI refers to income derived from activities related to a trade or business in the United States. Conversely, FDAP income is essentially passive income, encompassing all income sources not affiliated with an employer or contractor.

For those residing in the United States or planning to move there shortly, it is important to be aware of the tax obligations that come with living in the country. These obligations typically fall into two categories: federal and state tax filing responsibilities.

Federal Tax Return for Nonresident Tax Filing

To fulfill your tax obligations, submit Form 1040-NR, known as the U.S. Nonresident Alien Income Tax Return when you have taxable income like wages, tips, scholarship and fellowship grants, dividends, and other earnings.

In order to fulfill federal tax obligations, individuals falling into the categories listed below are required to submit a tax return:

– If a foreign individual who is not a resident has earned income or conducted business activities within the United States within a given year.

– If a nonresident individual earning income from U.S. sources that was not subjected to tax withholding at the source,

– Even if income was not received, it is still necessary to complete and submit Form 8843.

Should you fall under specific visa categories like F, M, J, or Q visas, or if you have a medical condition that hinders your timely departure from the U.S., you may be considered exempt from the Substantial Presence Test.

Nonresident Alien Tax Filing Necessary Documents

Navigating the nonresident alien tax filing process can be overwhelming for individuals unfamiliar with tax regulations. When preparing your tax return, it is common to be requested to provide various documents, including:

– Passport

– ITIN/SSN

– Income documents such as 1042-S, W2, 1099s

– Tax filing documents such as 8843 and 1040NR

The requirement to submit your federal tax return is universal. Still, the necessity of filing a state tax return varies depending on the state of residence and the specific regulations in place there.

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How to File a Nonresident Tax Return

When it comes to nonresident tax returns, individuals have the option to independently prepare and file their taxes by collecting essential documents like W2, 1042-S, and/or 1099. Nevertheless, a considerable number of nonresidents opt for the convenience of utilizing the services provided by Rapid Tax for their tax filing needs.

After completing the straightforward Rapid Tax survey and navigating through the order summary and payment phase, you will be all set to electronically file or E-file your nonresident U.S. tax return. Your return preparation will be contingent upon furnishing an online signature and confirming your identity.

Nonresident Tax Return

Filing a Nonresident State Tax Return

In addition to the above, your obligation to file a state tax return can vary depending on your state of residence. It is important to note that there are nine states where residents are not required to file any tax returns.

  1. Alaska
  2. Florida
  3. Nevada
  4. New Hampshire
  5. South Dakota
  6. Tennessee
  7. Texas
  8. Washington
  9. Wyoming

Nonresident Tax Filing Deadline

On an annual basis, the tax deadline usually occurs on April 15. For the 2024 tax year, the due date to submit your U.S. nonresident tax return will be April 15, 2025.

In case there are outstanding taxes due to the tax office and your tax return is not submitted by the set deadline, the IRS reserves the right to levy penalties for late filing and charge interest on the unpaid balance.

What Happens If I Don’t File My Nonresident Tax Return?

Prioritizing the organization of your tax affairs is prudent to avoid last-minute stress before the U.S. tax deadline. Due to postponing their tax filing, numerous nonresident aliens in the U.S. tend to feel burdened by the complexities of the process.

Failure to submit tax documents can expose nonresident individuals to penalties from the IRS, the primary tax agency in the United States.

Commencing immediately following the deadline for filing taxes, the penalty will not surpass 25% of the outstanding tax amount. Nonetheless, if filing belatedly beyond 60 days from the original or extended due date, the minimum penalty will be the lesser of $485 or 100% of the unpaid tax.

The possibility exists that this could also influence the outcome of any upcoming visa or Green Card requests.

Can Nonresident Aliens Get a Tax Refund?

Absolutely! Many individuals who do not reside in the area may need to realize that they are eligible to request a refund on taxes. By submitting a tax return, you can receive a tax refund.

Acquiring the highest Federal Tax refund possible is made easy with Rapid Tax, as the typical State Tax refund amounts to $493. The timeline for receiving the refund in your bank account hinges on the IRS.

Typically, it takes about 4-6 weeks for paper tax returns to be processed, although there is a possibility of the IRS requiring up to 6 months to complete the processing and issue the tax refund.

Can Nonresident Alien File Jointly With My Wife?

In considering your specific situation, it is important to note that if you were married by the end of the tax year, the option to file a joint return with your spouse may not be available if both of you are classified as nonresident aliens.

Should you decide to submit Form 1040NR, you’ll notice that your only choice for filing status is as a single taxpayer.

I’ve Left the U.S. Can I and Should I Still File Taxes?

Absolutely, it’s possible to submit your tax filings while residing outside the United States. Rapid Tax holds IRS approval to assist with filing Federal tax returns electronically through E-Filing, which makes it incredibly convenient to complete and submit your U.S. Federal tax return from overseas.

Should you require assistance with filing your state tax return, allow Rapid Tax dedicated tax professional to guide you through the process of preparing a state-compliant nonresident tax return.