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ANSWER

What are the tax rules for non-resident aliens working in the USA?

Here's how TaxGPT AI-Copilot answered the 'What are the tax rules for non-resident aliens working in the USA?' question.

IRS Regulations for Non-Resident Aliens Employed in the U.S.

Tax Filing Requirements

- Non-resident aliens must file a tax return if they are engaged in a trade or business in the U.S. during the year.

- They must also file if they have U.S. income on which tax liability was not satisfied by withholding at the source.

- A return is necessary to claim a refund of overwithheld tax or to take advantage of deductions or credits.

- The required form for non-resident aliens is [Form 1040-NR], U.S. Nonresident Alien Income Tax Return.

Income Taxation

- Effectively Connected Income (ECI) is taxed at the same rates as for U.S. citizens and residents after allowable deductions.

- Fixed, Determinable, Annual, or Periodical (FDAP) income not connected with a U.S. trade or business is taxed at a flat 30% rate or a lower treaty rate, with no deductions allowed.

Withholding Rules for Non-Resident Aliens

- Employers must follow special withholding rules for non-resident aliens, which differ from those for resident aliens and U.S. citizens.

- Non-resident aliens can only claim "single" filing status on Form W-4, regardless of actual marital status, and are limited to one personal exemption unless a tax treaty specifies otherwise.

- They must follow the instructions in [Notice 1392] when completing Form W-4.

- Non-resident aliens may be eligible for exemptions from withholding due to tax treaties by filing Form 8233.

Social Security and Medicare Taxes

- Non-resident aliens employed in the U.S. are generally subject to Social Security and Medicare taxes, with exceptions for certain visa holders and situations as outlined in the [Aliens Employed in the U.S. – Social Security Taxes] section.

Tax Treaty Benefits

- Non-resident aliens may be able to reduce or eliminate U.S. tax on various types of income under income tax treaties between their country of residence and the United States.

- Treaty benefits must be reviewed individually for each type of income.

Filing Deadlines

- Employees receiving wages subject to U.S. income tax withholding must generally file by April 15.

- Those not subject to withholding must file by June 15 if using a calendar year.

Additional Information

- Non-resident aliens can be treated as resident aliens for tax purposes if married to a U.S. citizen or resident alien and choose to be treated as such.

- For more detailed information on the taxation of non-resident aliens, refer to [Taxation of Nonresident Aliens] and [Publication 519, U.S. Tax Guide for Aliens].

Important Forms and Publications

- [Form 1040-NR]: For filing non-resident alien income tax returns.

- [Publication 515]: For withholding of tax on non-residents and foreign entities.

- [Publication 519]: A comprehensive tax guide for aliens.

Please ensure to review the instructions for the relevant forms and consult the IRS publications for specific guidance on your tax situation.

Sources:

Nonresident aliens | Internal Revenue Service 2024-08-03

Taxation of Nonresident Aliens | Internal Revenue Service 2024-08-04

Aliens Employed in the U.S. | Internal Revenue Service 2024-08-02

Aliens Employed in the U.S. | Social Security Taxes 2024-08-01

NRA withholding | Internal Revenue Service 2024-08-02

Taxation of Nonresident Aliens | International Tax Gap Series 2024-08-04

Topic no. 851, Resident and nonresident aliens | Internal Revenue Service 2024-08-02

Foreign persons | Internal Revenue Service 2024-08-02

About Form 1040-NR, U.S. Nonresident Alien Income Tax Return 2024-08-03

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This question was answered on
October 10, 2024

Disclaimer: the information provided does not, and is not intended to, constitute legal advice. Generative AI systems can make mistakes. Verify all important information.

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