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IRS Publication 519, U.S. Tax Guide for Aliens

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IRS Publication 519, U.S. Tax Guide for Aliens Userid: CPM Schema: tipx Leadpct: 100% Pt. size: 8 Draft Ok to Print AH XSL/XML Fileid: … tions/P519/2020/A/XML/Cycle06/source (Init. & Date) _______ Page 1 of 68 9:09 - 5-Feb-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Publication 519 Cat. No. 15023T Contents Introduction .................. 1 Department of the U.S. Tax Guide What's New .................. 2 Treasury Internal Reminders ................... 3 Revenue for Aliens Service Chapter 1. Nonresident Alien or Resident Alien? ............. 3 For use in preparing Chapter 2. Source of Income ...... 11 Chapter 3. Exclusions From 2020 Returns Gross Income ............. 15 Chapter 4. How Income of Aliens Is Taxed ................ 18 Chapter 5. Figuring Your Tax ...... 25 Chapter 6. Dual-Status Tax Year .... 32 Chapter 7. Filing Information ...... 35 Chapter 8. Paying Tax Through Withholding or Estimated Tax ... 38 Chapter 9. Tax Treaty Benefits ..... 46 Chapter 10. Employees of Foreign Governments and International Organizations ............. 49 Chapter 11. Departing Aliens and the Sailing or Departure Permit .................. 50 Chapter 12. How To Get Tax Help ... 52 Appendix A—Tax Treaty Exemption Procedure for Students ....... 57 Appendix B—Tax Treaty Exemption Procedure for Teachers and Researchers .............. 61 Index ..................... 66 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 are gener- ally 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 Get forms and other information faster and easier at: with the conduct of a trade or business in the • IRS.gov (English) • IRS.gov/Korean (한국어) United States. • IRS.gov/Spanish (Español) • IRS.gov/Russian (Pусский) The information in this publication is not as • IRS.gov/Chinese (中文) • IRS.gov/Vietnamese (TiếngViệt) comprehensive for resident aliens as it is for Feb 05, 2021 Page 2 of 68 Fileid: … tions/P519/2020/A/XML/Cycle06/source 9:09 - 5-Feb-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Table A. Where To Find What You Need To Know About U.S. Taxes Commonly Asked Questions Where To Find the Answer Am I a nonresident alien or resident alien? See chapter 1. 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 all my income subject to U.S. tax? • See chapter 2. • See chapter 3. 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 my spouse and/or children as dependents? See Dependents in chapter 5. I pay income taxes to my home country. Can I get credit for See Tax Credits and Payments in chapter 5. these taxes on my U.S. tax return? What forms must I file and when and where do I file them? See chapter 7. How should I pay my U.S. income taxes? See chapter 8. Am I eligible for any benefits under a tax treaty? • See Income Entitled to Tax Treaty Benefits in chapter 8. • See chapter 9. Are employees of foreign governments and international See chapter 10. organizations exempt from U.S. tax? Is there anything special I have to do before leaving the United • See Expatriation Tax in chapter 4. States? • See chapter 11. nonresident aliens. Resident aliens are gener- publication or the How To Get Tax Help section Economic Security (CARES) Act permits cer- ally treated the same as U.S. citizens and can at the end of this publication, go to the IRS In- tain self-employed individuals to defer the pay- find more information in other IRS publications teractive Tax Assistant page at IRS.gov/ ment of 50% of the social security tax on net at IRS.gov/Forms. Help/ITA where you can find topics by using the earnings from self-employment imposed for the Table A provides a list of questions and the search feature or viewing the categories listed. period beginning on March 27, 2020, and end- chapter or chapters in this publication where ing December 31, 2020. For more information, you will find the related discussion. Getting tax forms, instructions, and pub- see chapter 8, later. Answers to frequently asked questions are lications. Visit IRS.gov/Forms to download Credits for certain self-employed individu- presented in the back of the publication. current and prior-year forms, instructions, and publications. als. New refundable income tax credits are available for certain self-employed individuals Comments and suggestions. We welcome Ordering tax forms, instructions, and impacted by COVID-19. For more information, your comments about this publication and sug- publications. Go to IRS.gov/OrderForms to see chapter 5, later. Also see Form 7202 and its gestions for future editions. order current forms, instructions, and publica- instructions. You can send us comments through tions; call 800-829-3676 to order prior-year IRS.gov/FormComments. Or, you can write to forms and instructions. The IRS will process COVID-19 waiver of time requirements for the Internal Revenue Service, Tax Forms and your order for forms and publications as soon the foreign earned income exclusion. Due Publications, 1111 Constitution Ave. NW, as possible. Do not resubmit requests you’ve to COVID-19, you may be allowed a waiver of IR-6526, Washington, DC 20224. already sent us. You can get forms and publica- the time requirements necessary to meet either Although we can’t respond individually to tions faster online. the bona fide residence test or physical pres- each comment received, we do appreciate your ence test for purposes of claiming the foreign feedback and will consider your comments and earned income exclusion. For more information, suggestions as we revise our tax forms, instruc- see Exclusions From Gross Income in chap- tions, and publications. Do not send tax ques- What's New ter 3, later. Also see Revenue Procedure tions, tax returns, or payments to the above ad- 2020-27, available at IRS.gov/irb/ dress. Coronavirus tax relief for self-employed in- 2020-20_IRB#REV-PROC-2020-27, and the In- dividuals. The Coronavirus Aid, Relief, and structions for Form 2555. Getting answers to your tax questions. If you have a tax question not answered by this COVID-19 Medical Condition Travel Excep- tion. If you intended to leave the United States Page 2 Publication 519 (2020) Page 3 of 68 Fileid: … tions/P519/2020/A/XML/Cycle06/source 9:09 - 5-Feb-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. in 2020, but you were unable to do so due to Form 1040 Schedules 1, 2, or 3 to Form asking the IRS for copies of notices or tran- COVID-19 travel disruptions, you may be eligi- 1040-NR. For more information, see Form scripts related to your return. Also, the authori- ble to exclude up to 60 days of continuous pres- 1040-NR and its instructions. zation can be revoked. See your income tax re- ence in the United States starting on or after turn instructions for details. February 1, 2020, but no later than April 1, Change of address. If you change your mail- 2020, for purposes of applying the substantial ing address, be sure to notify the IRS using presence test. Also, these days are not taken Reminders Form 8822. into account for purposes of determining your Disaster tax relief. Disaster tax relief is avail- eligibility for treaty benefits with respect to in- Photographs of missing children. The IRS is able for those impacted by certain Presidentially come from employment or the performance of a proud partner with the National Center for declared disasters in 2020 (see IRS.gov/ dependent personal services in the United Missing & Exploited Children® (NCMEC). Pho- DisasterTaxRelief). Aliens who are required to States. For more information, see COVID-19 tographs of missing children selected by the Medical Condition Travel Exception, later. Also file a U.S. income tax return may be affected. Center may appear in this publication on pages see Revenue Procedure 2020-20, available at For more information, see the Instructions for that would otherwise be blank. You can help IRS.gov/irb/2020-20_IRB#REV- Forms 1040 and 1040-SR, or the Instructions bring these children home by looking at the PROC-2020-20; FAQs for Individual Claiming for Form 1040-NR. photographs and calling 800-THE-LOST the Medical Condition Exception in 2020, avail- Multilevel marketing. For clarification regard- (800-843-5678) if you recognize a child. able at IRS.gov/newsroom/FAQs-for- ing the characterization and source of income Individuals-Claiming-the-Medical-Condition- received from multilevel marketing companies Exception-in-2020; and the instructions for by distributors (upper-tier distributors) that are Forms 8843 and 8233.
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