Professional Documents
Culture Documents
for Aliens
Treasury
Internal Reminders . . . . . . . . . . . . . . . . . . . 3
Revenue
Service Chapter 1. Nonresident Alien or
Resident Alien? . . . . . . . . . . . . . 3
2017 Returns
Chapter 3. Exclusions From Gross
Income . . . . . . . . . . . . . . . . . 14
Index . . . . . . . . . . . . . . . . . . . . . 65
Future Developments
For the latest information about developments
related to Pub. 519, such as legislation enacted
after it was published, go to IRS.gov/Pub519.
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 income, the same
as U.S. citizens. Nonresident aliens are taxed
only on their income from sources within the
United States and on certain income connected
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Can I be a nonresident alien and a resident alien in the same See Dual-Status Aliens in chapter 1.
year? See chapter 6.
I am a resident alien and my spouse is a nonresident alien. Are See Nonresident Spouse Treated as a Resident
there special rules for us? 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.
The information in this publication is not as feedback and will consider your comments as amount. See the relevant discussion under
comprehensive for resident aliens as it is for we revise our tax products. Itemized Deductions in chapter 5, later.
nonresident aliens. Resident aliens are gener- Additional disaster tax relief provisions.
ally treated the same as U.S. citizens and can Ordering forms and publications. Visit
IRS.gov/FormsPubs to download forms and See Pub. 976, Disaster Relief, for information
find more information in other IRS publications. about other disaster tax relief provisions that
Table A, Where To Find What You Need To publications. Otherwise, you can go to IRS.gov/
OrderForms to order current and prior-year are not covered in this publication. Also go to
Know About U.S. Taxes, provides a list of ques- IRS.gov/DisasterTaxRelief.
tions and the chapter or chapters in this publi- forms and instructions. Your order should arrive
cation where you will find the related discus- within 10 business days. New tax rates for 2018. For tax years begin-
sion. ning after December 31, 2017, and before Jan-
Tax questions. If you have a tax question uary 1, 2026, the maximum tax rate for individu-
Answers to frequently asked questions are not answered by this publication, check
presented in the back of the publication. als has decreased from 39.6% to 37%.
IRS.gov and How To Get Tax Help at the end of
this publication. Individual taxpayer identification number
Comments and suggestions. We welcome (ITIN) renewal. You may need to renew your
your comments about this publication and your ITIN. For more information, see Expired ITIN
suggestions for future editions. under Identification Number in chapter 5.
You can send us comments through What's New Personal exemption. For tax years beginning
IRS.gov/FormComments. in 2017, the personal exemption amount is
Or you can write to: Disaster tax relief. Disaster tax relief was $4,050.
enacted for those impacted by Hurricane Har-
vey, Irma, or Maria, and residents of the Califor- Beginning in 2018, and continuing through
Internal Revenue Service 2025, you cannot take a deduction for a per-
Tax Forms and Publications nia Wildfire Disaster Area, including provisions
that may allow you to calculate your casualty sonal exemption for yourself, your spouse, or
1111 Constitution Ave. NW, IR-6526 your dependents.
Washington, DC 20224 and theft losses differently for 2017. Also, cer-
tain nonresident aliens may be allowed to cal-
culate their standard deduction differently for
Although we cannot respond individually to
2017, or elect to amend their original 2016 tax
each comment received, we do appreciate your
return to take a different standard deduction
Sufficient facts (including copies of rele- 1. Revocation. Either spouse can revoke
Attach a statement, signed by both spouses, to the choice for any tax year, provided he or
vant documents) to establish that your sta- your joint return for the first tax year for which
tus as a lawful permanent resident has she makes the revocation by the due date
the choice applies. It should contain the follow- for filing the tax return for that tax year.
been abandoned or rescinded. ing information.
If you can exclude days as discussed ear- The spouse who revokes the choice must
A declaration that one spouse was a non- attach a signed statement declaring that
lier under De minimis presence, include resident alien and the other spouse a U.S.
the dates of the days you are excluding the choice is being revoked. The state-
citizen or resident alien on the last day of ment must include the name, address, and
and sufficient facts to establish that you your tax year, and that you choose to be
have maintained your tax home in, and that identification number of each spouse. (If
treated as U.S. residents for the entire tax one spouse dies, include the name and
you have a closer connection to, a foreign year.
country during the period you are exclud- address of the person who is revoking the
The name, address, and identification choice for the deceased spouse.) The
ing. number of each spouse. (If one spouse statement also must include a list of any
Attach the required statement to your in- died, include the name and address of the states, foreign countries, and possessions
come tax return. If you are not required to file a person making the choice for the de- that have community property laws in
return, send the statement to the Department of ceased spouse.) which either spouse is domiciled or where
the Treasury, Internal Revenue Service Center, real property is located from which either
Austin, TX 73301-0215, on or before the due Amended return. You generally make this spouse receives income. File the state-
date for filing Form 1040NR or Form choice when you file your joint return. However, ment as follows.
1040NR-EZ. The due date for filing is dis- you also can make the choice by filing a joint
cussed in chapter 7. amended return on Form 1040X. Attach Form a. If the spouse revoking the choice
If you do not file the required statement as 1040, Form 1040A, or Form 1040EZ and print must file a return, attach the state-
explained above, you cannot claim that you “Amended” across the top of the corrected re- ment to the return for the first year the
have a closer connection to a foreign country or turn. If you make the choice with an amended revocation applies.
countries. This does not apply if you can show return, you and your spouse also must amend b. If the spouse revoking the choice
by clear and convincing evidence that you took any returns that you may have filed after the does not have to file a return, but
reasonable actions to become aware of the re- year for which you made the choice. does file a return (for example, to ob-
quirements for filing the statement and signifi- You generally must file the amended joint tain a refund), attach the statement to
cant steps to comply with those requirements. return within 3 years from the date you filed the return.
your original U.S. income tax return or 2 years
from the date you paid your income tax for that c. If the spouse revoking the choice
Nonresident Spouse year, whichever is later. does not have to file a return and
does not file a claim for refund, send
Treated as a Resident Suspending the Choice
the statement to the Internal Revenue
Service Center where you filed the
If, at the end of your tax year, you are married last joint return.
The choice to be treated as a resident alien is
and one spouse is a U.S. citizen or a resident suspended for any tax year (after the tax year 2. Death. The death of either spouse ends
alien and the other spouse is a nonresident you made the choice) if neither spouse is a U.S. the choice, beginning with the first tax year
alien, you can choose to treat the nonresident citizen or resident alien at any time during the following the year the spouse died. How-
spouse as a U.S. resident. This includes situa- tax year. This means each spouse must file a ever, if the surviving spouse is a U.S. citi-
tions in which one spouse is a nonresident alien separate return as a nonresident alien for that zen or resident and is entitled to the joint
at the beginning of the tax year, but a resident year if either meets the filing requirements for tax rates as a surviving spouse, the choice
alien at the end of the year, and the other nonresident aliens discussed in chapter 7. will not end until the close of the last year
spouse is a nonresident alien at the end of the for which these joint rates may be used. If
year. Example. Dick Brown was a resident alien both spouses die in the same tax year, the
on December 31, 2014, and married to Judy, a
partner. The partner must report all of it on his and Housing Amount must be paid on obligations issued after July
18, 1984, and otherwise subject to withholding.
or her separate return. For obligations issued after March 18, 2012,
If you are physically present in a foreign country
portfolio interest does not include interest paid
Separate property income. Income derived or countries for at least 330 full days during any
on debt that is not in registered form. Before
from the separate property of one spouse (and period of 12 consecutive months, you may qual-
March 19, 2012, portfolio interest included inter-
which is not earned income, trade or business ify for the foreign earned income exclusion. The
est on certain registered and nonregistered
income, or partnership distributive share in- exclusion is $102,100 in 2017. In addition, you
(bearer) bonds if the obligations meet the re-
come) is treated as the income of that spouse. may be able to exclude or deduct certain for-
quirements described below.
That spouse must report all of it on his or her eign housing amounts. You may also qualify if
separate return. Use the appropriate community you are a bona fide resident of a foreign country Obligations in registered form. Portfolio
property law to determine what is separate and you are a citizen or national of a country interest includes interest paid on an obligation
property. with which the United States has an income tax that is in registered form, and for which you
treaty. For more information, see Pub. 54.
If you are filing Form 1040NR-EZ, you can To determine if you qualify to make this For more information about organizations
only claim a deduction for state or local income election, see Pub. 976, Disaster Relief. that qualify to receive charitable contributions,
taxes. If you are claiming any other itemized de- see Pub. 526.
duction, you must file Form 1040NR. State and local income taxes. You can de-
duct state and local income taxes you paid on Contributions from which you benefit. If
Standard deduction. Nonresident aliens can- income that is effectively connected with a trade you receive a benefit as a result of making a
not claim the standard deduction. However, for or business in the United States. If you received contribution to a qualified organization, you can
a special rule, see next. a refund or rebate in 2017 of taxes you paid in deduct only the amount of your contribution that
an earlier year, do not reduce your deduction by is more than the value of the benefit you re-
Students and business apprentices from that amount. Instead, you must include the re- ceive.
India. A special rule applies to students and fund or rebate in income if you deducted the If you pay more than the fair market value to
business apprentices who are eligible for the taxes in the earlier year and the deduction re- a qualified organization for merchandise,
benefits of Article 21(2) of the United States–In- duced your tax. See Recoveries in Pub. 525 for goods, or services, the amount you pay that is
dia Income Tax Treaty. You can claim the details on how to figure the amount to include in more than the value of the item can be a chari-
standard deduction provided you do not claim income. table contribution. For the excess amount to
itemized deductions. qualify, you must pay it with the intent to make a
Use Worksheet 5-1 to figure your standard Charitable contributions. You can deduct charitable contribution.
deduction for 2017. If you are married and your your charitable contributions or gifts to qualified
spouse files a return and itemizes deductions, Cash contributions. You cannot deduct a
organizations subject to certain limits. Qualified cash contribution, regardless of the amount, un-
you cannot take the standard deduction. organizations include organizations that are reli- less you keep as a record of the contribution a
Disaster tax relief. If you are a student or gious, charitable, educational, scientific, or liter- bank record (such as a canceled check, a bank
business apprentice eligible for the benefits of ary in nature, or that work to prevent cruelty to copy of a canceled check, or a bank statement
Article 21(2) of the United States–India Income children or animals. Certain organizations that containing the name of the charity, the date,
Tax Treaty who was affected by Hurricane Har- promote national or international amateur and the amount) or a written record from the
vey, Irma, or Maria, you may be able to elect to sports competition are also qualified organiza- charity. The written record must include the
take any related casualty and theft losses on tions. name of the charity, date of the contribution,
your 2016 tax return. Use Worksheet 5-2 to cal- Foreign organizations. Contributions and the amount of the contribution.
culate your standard deduction. made directly to a foreign organization are not You may deduct a cash contribution of $250
If you have already filed your 2016 Form deductible. However, you can deduct contribu- or more only if you have a written statement
1040NR or 1040NR-EZ, you must file an amen- tions to a U.S. organization that transfers funds from the charitable organization showing:
ded 2016 Form 1040NR return. Use Worksheet to a charitable foreign organization if the U.S. 1. The amount of any money contributed,
5-2 to calculate your standard deduction for organization controls the use of the funds or if
purposes of filing your amended 2016 Form the foreign organization is only an administra- 2. Whether the organization gave you any
1040NR. For more information, see Amended tive arm of the U.S. organization. goods or services in return for your contri-
Returns and Claims for Refund in chapter 7. bution, and
3. A description and estimate of the value of appreciation (increase in value) when you figure value of property immediately after a theft is
any goods or services described in (2). your deduction. Your basis in the property is considered zero, because you no longer have
generally what you paid for it. If you need more the property.
If you received only intangible religious benefits, information about basis, see Pub. 551. If your property is covered by insurance, you
the organization must state this, but it does not Different rules apply to figuring your deduc- should file a timely insurance claim for reim-
have to describe or value the benefit. tion, depending on whether the property is: bursement. If you do not, you cannot deduct
Noncash contributions. For contributions Ordinary income property, or this loss as a casualty or theft loss.
not made in cash, the records you must keep Capital gain property. Figure your deductible casualty and theft
depend on the amount of your deduction. See For information about these rules, see Pub. losses on Form 4684.
Pub. 526 for details. For example, if you make a 526. Disaster tax relief. If you were affected by
noncash contribution and the amount of your
Limit. The amount you can deduct in a tax Hurricane Harvey, Irma, or Maria, or were a res-
deduction is more than $500, you must com-
year is limited in the same way it is for a citizen ident in the California Wildfire Disaster Area,
plete Form 8283 and attach it to your tax return.
or resident of the United States. For a discus- see Pub. 976 for more information.
If you deduct more than $500 for a contribution
of a motor vehicle, boat, or airplane, you also sion of limits on charitable contributions and Losses from personal use property.
must attach a statement from the charitable or- other information, see Pub. 526. Generally, you cannot deduct the first $100 of
ganization to your return. If your total deduction each casualty or theft loss to property held for
is over $5,000, you also may have to get ap- Casualty and theft losses. You can deduct
personal use. You can deduct only the total of
praisals of the values of the property. If the do- your loss from fire, storm, shipwreck, or other
these losses for the year (reduced by the $100
nated property is valued at more than $5,000, casualty, or theft of property even though your
limit) that is more than 10% of your adjusted
you must obtain a qualified appraisal. You gen- property is not connected with a U.S. trade or
gross income (line 37, Form 1040NR) for the
erally must attach to your tax return an ap- business. The property can be personal use
year.
praisal of any property if your deduction for the property or income-producing property not con-
property is more than $500,000. See Form nected with a U.S. trade or business. The prop- Losses from income-producing prop-
8283 and its instructions for details. erty must be located in the United States at the erty. These losses are not subject to the limita-
time of the casualty or theft. You can deduct tions that apply to personal use property. Use
Contributions of appreciated property. If theft losses only in the year in which you dis- Section B of Form 4684 to figure your deduction
you contribute property to a qualified organiza- cover the loss. for these losses.
tion, the amount of your charitable contribution The amount of the loss is the fair market
is generally the fair market value of the property value of the property immediately before the Job expenses and other miscellaneous de-
at the time of the contribution. However, if you casualty or theft less its fair market value imme- ductions. You can deduct job expenses, such
contribute property with a fair market value that diately after the casualty or theft (but not more as allowable unreimbursed travel expenses
is more than your basis in it, you may have to than its cost or adjusted basis) less any insur- (discussed next), and other miscellaneous de-
reduce the fair market value by the amount of ance or other reimbursement. The fair market ductions. Generally, the allowable deductions
need the additional 2 months. Send the letter by Exceptions. You do not need to file Form
the extended due date (October 15 for calendar 1040NR or Form 1040NR-EZ if you meet either
ted on your Form W-2, Form 1042-S, or Other Income If you are a nonresident alien student or
grantee with an “F,” “J,” “M,” or “Q” visa and you
Form 1099 is not subject to U.S. taxation.
A statement listing all the dates you en- receive a U.S. source grant or scholarship that
Other income subject to 30% withholding gen-
tered and left the United States during the is not fully exempt, the withholding agent (usu-
erally includes fixed or determinable income
taxable year. If the compensation is multi- ally the payer of the scholarship) withholds tax
such as interest (other than portfolio interest),
year compensation, the statement must list at 14% (or lower treaty rate) of the taxable part
dividends, pensions and annuities, and gains
all the dates you entered and left the Uni- of the grant or scholarship that is not a payment
from certain sales and exchanges, discussed in
for services. However, if you are not a
candidate for a degree and the grant does not
tax. You will be subject to a penalty for under- See chapter 12 for information about getting
Plus: Tax on gross dividends ($1,400 ×
payment of installments of estimated tax except these publications and forms. 210
15%) . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in certain situations. These situations are ex-
plained on Form 2210. Tax on compensation and dividends $2,815
Treaty Income
. . .
foreign government in the United States, your mer employees. Pensions received by former
Employees of Foreign foreign government wages are exempt from employees of international organizations living
U.S. income tax if (1) you perform services of a in the United States do not qualify for the ex-
Governments similar character to those performed by U.S. emption discussed here.
government employees in foreign countries and
Exemption under Vienna Conventions or a (2) the country of your foreign government em- This exemption does not apply to inde-
bilateral consular convention. You should ployer grants an equivalent tax exemption to ! pendent contractors. Common law
first look at the tax exemption provisions under U.S. government employees performing similar CAUTION rules apply to determine whether you
the Vienna Conventions or a bilateral consular services in its country. However, see Aliens are an employee or an independent contractor.
convention, if one exists, to see if your wages who keep immigrant (lawful permanent resi- See Pub. 1779 and Pub. 15-A.
qualify for exemption from U.S. income tax un- dent) status. Aliens who keep immigrant status,
To claim the exemption, you must be able
der those provisions. Generally, you are not en- later, for a special rule that may affect your
demonstrate that you meet the requirements of
titled to the income tax exemption available un- qualifying for this exemption.
either the international organization agreement
der either of the Vienna Conventions or a To claim the tax exemption you must be provision or U.S. tax law. You should know the
bilateral consular convention if you are a U.S. able to demonstrate that you satisfy both U.S. article number of the international organization
citizen or resident alien. For further information tax law requirements. agreement tax exemption provision, if one ex-
regarding the Vienna Conventions and bilateral
ists, and the number of the Executive Order
consular conventions, email the Department of Certification. A Department of State certifica- designating the organization as an international
State Office of Foreign Missions at tion, if one has been issued, is the simplest organization.
OFMAssistants@state.gov. method to establish that you meet the similar
services and equivalent tax exemption require- Aliens who keep immigrant (lawful perma-
Exemption under tax treaty. If you do not ments but is not required to qualify for the U.S. nent resident) status. If you sign the waiver
qualify for the tax exemption provided under the tax law exemption. For information about provided by section 247(b) of the Immigration
Vienna Conventions or a bilateral consular con- whether a certification has been issued and and Nationality Act (USCIS Form I-508) to keep
vention but are from a country that has a tax whether such certification is currently valid and your lawful permanent resident status (green
treaty with the United States, you should look at applicable to you, email the Department of card), you no longer qualify for the tax exemp-
the tax treaty to see if there is a provision that State Office of Foreign Missions at tion under U.S. tax law from the date of filing the
exempts your wages from U.S. income tax. If OFMAssistants@state.gov. waiver.
you are a U.S. citizen or resident alien working Where no valid certification exists, you must
in the United States for a foreign government, establish with other written evidence that you If you are a green cardholder employee
your wages usually are not exempt. For more perform services of a similar character to those ! of a foreign government or international
information, see the Wages and Pensions Paid performed by U.S. government employees in CAUTION organization, to claim the exemption
by a Foreign Government section of Pub. 901. foreign countries and that the country of your under U.S. tax law you must also be able to
foreign government employer grants an equiva- demonstrate with written evidence from USCIS
Exemption under U.S. tax law. Employees of lent exemption to U.S. government employees that you have not signed and filed USCIS Form
foreign governments who do not qualify under performing similar services in its country. I-508.
the tax exemption provisions of either of the
Vienna Conventions, a bilateral consular con-
Note. The filing of Form I-508 has no effect
vention, or a tax treaty may be able to exempt
their foreign government wages from U.S. in-
Employees of on a tax exemption that is not dependent upon
come tax if they satisfy the following require- International the provisions of U.S. tax law. You do not lose
the tax exemption if you file the waiver and
ments for obtaining an exemption for such wa-
ges under U.S. tax law. Organizations meet either of the following conditions.
You work for a foreign government and are
The exemption under U.S. tax law ap- exempt from U.S. tax under an income tax
Exemption under international organization
! plies only to current foreign govern- treaty, consular convention, Vienna Con-
agreement. Many agreements that establish
CAUTION ment employees and not to former em- ventions, or any other international agree-
international organizations contain a provision
ployees. Pensions received by former ment between the United States and your
that may exempt your wages from U.S. income
employees of foreign governments living in the foreign government employer.
tax. If you are employed by an international or-
United States do not qualify for the exemption You work for an international organization
ganization in the United States, first look to see
discussed here. and the international organization agree-
if the international agreement establishing the
ment creating the international organiza-
international organization you work for has such
This exemption does not apply to inde- tion provides that alien employees are ex-
a provision and whether you qualify under it.
! pendent contractors. Common law empt from U.S. income tax. Two
Generally, these provisions will not exempt wa-
CAUTION rules apply to determine whether you international organizations that have such
ges of U.S. citizen and resident alien employ-
are an employee or an independent contractor. a provision are the International Monetary
ees.
See Pub. 1779, Independent Contractor or Em- Fund (IMF) and the International Bank for
ployee, and Pub. 15-A, Employer’s Supplemen- Reconstruction and Development (World
Exemption under U.S. tax law. If the interna-
tal Tax Guide. Bank).
tional agreement creating the international or-
ganization you work for does not contain a tax
Your wages are not eligible for exemp-
exemption provision and you are not a U.S. citi-
! tion under U.S. tax law if you are em-
zen (or if you are a U.S. citizen but also a citizen
CAUTION ployed by a “controlled commercial en-
of the Republic of the Philippines), you may be
tity” or your services are primarily in connection
able to exempt your wages under U.S. law.
with a commercial activity of the foreign govern-
However, see Aliens who keep immigrant (law-
ment (within or outside the United States). A
ful permanent resident) status, later, for a spe-
controlled commercial entity is an entity that is
cial rule that may affect your qualifying for this
50% or more owned by a foreign government
exemption.
that is engaged in commercial activity within or
outside the United States.