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The IRS 1040-NR form serves as a crucial tax document for non-resident aliens in the United States. It is specifically designed for individuals who are not U.S. citizens or residents but have income sourced from within the country. This form is used to report income such as wages, salaries, and dividends, as well as to claim deductions and credits applicable to non-residents. Understanding the eligibility requirements for filing the 1040-NR is essential, as it can impact tax status and obligations. The form provides clear guidelines on how to accurately report various types of income and includes sections for additional schedules if the taxpayer has more complex financial situations. Familiarity with the 1040-NR can help non-resident taxpayers navigate their responsibilities and ensure compliant reporting to the IRS.

IRS 1040-NR Example

Note: The form, instructions, or publication you are looking

for begins after this coversheet.

Please review the updated information below.

Reporting Excess Deductions on Termination of an Estate or Trust on Forms 1040, 1040-SR, and 1040-NR for Tax Year 2018 and Tax Year 2019

Under Proposed Regulations 113295-18, an excess deduction on termination of an estate or trust allowed in arriving at adjusted gross income (Internal Revenue Code (IRC) section 67(e) expenses) is reported as an adjustment to income on Forms 1040, 1040-SR, and 1040-NR; non-miscellaneous itemized deductions are reported, as applicable, on Schedule A (Form 1040 or 1040-SR) or Schedule A (Form 1040-NR); and miscellaneous itemized deductions are not deductible. Taxpayers may rely on the proposed regulations for tax years of beneficiaries beginning after 2017 and before the final regulations are published.

For tax year 2019, an excess deduction for IRC section 67(e) expenses is reported as a write-in on Schedule 1 (Form 1040 or 1040-SR), Part II, line 22, or Form 1040-NR, line 34. On the dotted line next to line 22 or line 34 (depending on which form is filed), enter the amount of the adjustment and identify it using the code “ED67(e)”. Include the amount of the adjustment in the total amount reported on line 22 or line 34.

For tax year 2018, an excess deduction for IRC section 67(e) expenses is reported as a write-in on Schedule 1 (Form 1040), line 36, or Form 1040-NR, line 34. On the dotted line next to line 36 or line 34, (depending on which form is filed), enter the amount of the adjustment and identify it using the code “ED67(e)”. Include the amount of the adjustment in the total amount reported on line 36 or line 34.

Form 1040-NR

Department of the Treasury Internal Revenue Service

U.S. Nonresident Alien Income Tax Return

Go to www.irs.gov/Form1040NR for instructions and the latest information.

 

For the year January 1–December 31, 2019, or other tax year

 

beginning

, 2019, and ending

, 20

OMB No. 1545-0074

2019

 

Your first name and middle initial

 

 

 

Last name

 

 

 

 

 

 

 

Identifying number (see instructions)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Present home address (number and street or rural route). If you have a P.O. box, see instructions.

 

Apt. no.

 

Check if:

Individual

Please print

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Estate or Trust

or type

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City, town or post office, state, and ZIP code. If you have a foreign address, also complete spaces below. See instructions.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Foreign country name

 

 

 

 

Foreign province/state/county

 

 

 

Foreign postal code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Filing

1

 

 

Reserved

 

 

 

 

 

 

4

 

 

Reserved

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Status

2

 

 

Single nonresident alien

 

 

 

 

 

5

 

 

Married nonresident alien

 

 

 

Check only

3

 

 

Reserved

 

 

 

 

 

 

6

 

 

Qualifying widow(er) (see instructions)

 

 

 

 

 

 

 

 

 

 

 

 

 

Child’s name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

one box.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dependents

7

 

Dependents: (see instructions)

 

 

(2) Dependent’s

(3) Dependent’s

 

 

(4) if qualifies

for (see instr.):

If more

 

 

(1) First name

Last name

 

 

identifying number

relationship to you

 

Child tax credit

 

Credit for other dependents

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

than four

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

dependents,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

see instructions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

and check

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

here.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Income

8

 

Wages, salaries, tips, etc. Attach Form(s) W-2

. . .

. . . . . . .

 

8

 

 

9a Taxable interest

. . .

. . . . . . .

 

9a

 

Effectively

 

 

Connected

 

b Tax-exempt interest. Do not include on line 9a

. .

 

 

9b

 

 

 

 

 

 

 

 

 

 

With U.S.

10a Ordinary dividends

. . .

. . . . . . .

 

10a

 

Trade/

 

b Qualified dividends (see instructions)

. .

 

 

10b

 

 

 

 

 

 

 

 

 

 

Business

11

 

Taxable refunds, credits, or offsets of state and local income taxes (see instructions) . . .

 

11

 

12

 

Scholarship and fellowship grants. Attach Form(s) 1042-S or required statement (see instructions)

12

 

 

 

 

 

13

 

Business income or (loss). Attach Schedule C (Form 1040 or 1040-SR)

. . . . . . .

 

13

 

 

14

 

Capital gain or (loss). Attach Schedule D (Form 1040 or 1040-SR) if required. If not required, check here

 

14

 

Attach Form(s)

15

 

Other gains or (losses). Attach Form 4797

. . .

. . . . . . .

 

15

 

16a IRA distributions

16a

 

 

 

16b Taxable amount (see instr.)

16b

 

W-2, 1042-S,

 

 

 

SSA-1042S,

17a Pensions and annuities . . .

17a

 

 

17b Taxable amount (see instr.)

17b

 

RRB-1042S,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

18

 

Rental real estate, royalties, partnerships, trusts, etc. Attach Schedule E (Form 1040 or 1040-SR)

18

 

and 8288-A

 

 

19

 

Farm income or (loss). Attach Schedule F (Form 1040 or 1040-SR) . .

. . . . . . .

 

19

 

here. Also

 

 

 

attach Form(s)

20

 

Unemployment compensation

. . .

. . . . . . .

 

20

 

1099-R if tax

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

21

 

Other income. List type and amount (see instructions)

 

 

 

 

 

 

 

 

 

 

 

21

 

was withheld.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

22

 

Total income exempt by a treaty from page 5, Schedule OI, item L (1(e))

22

 

 

 

 

 

 

 

 

 

 

 

23

 

Combine the amounts in the far right column for lines 8 through 21. This is your total

 

 

 

 

 

effectively connected income

. . .

. . . . . .

 

 

23

 

Adjusted

24

 

Educator expenses (see instructions)

. .

 

 

24

 

 

 

 

 

 

 

 

 

 

25

 

Health savings account deduction. Attach Form 8889 . . .

. .

 

 

25

 

 

 

 

 

 

 

 

 

 

Gross

 

 

 

 

 

 

 

 

 

 

 

 

 

26

 

Moving expenses for members of the Armed Forces. Attach Form

 

 

 

 

 

 

 

 

 

 

 

Income

 

 

 

 

 

 

 

 

 

 

 

 

 

3903

. .

 

 

26

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

27

 

Deductible part of self-employment tax. Attach Schedule SE (Form

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1040 or 1040-SR)

. .

 

 

27

 

 

 

 

 

 

 

 

 

 

 

28

 

Self-employed SEP, SIMPLE, and qualified plans . . . .

. .

 

 

28

 

 

 

 

 

 

 

 

 

 

 

29

 

Self-employed health insurance deduction (see instructions) .

. .

 

 

29

 

 

 

 

 

 

 

 

 

 

 

30

 

Penalty on early withdrawal of savings

. .

 

 

30

 

 

 

 

 

 

 

 

 

 

 

31

 

Scholarship and fellowship grants excluded

. .

 

 

31

 

 

 

 

 

 

 

 

 

 

 

32

 

IRA deduction (see instructions)

. .

 

 

32

 

 

 

 

 

 

 

 

 

 

 

33

 

Student loan interest deduction (see instructions) . . . .

. .

 

 

33

 

 

 

 

 

 

 

 

 

 

 

34

 

Add lines 24 through 33

. . .

. . . . . . .

 

34

 

 

35

 

Adjusted Gross Income. Subtract line 34 from line 23 . .

. . .

. . . . . .

 

 

35

 

Tax and

36

 

Reserved for future use

. . .

. . . . . . .

 

36

 

37

 

Itemized deductions from page 3, Schedule A, line 8 . . .

. . .

. . . . . . .

 

37

 

Credits

 

 

 

38

 

Qualified business income deduction. Attach Form 8995 or Form 8995-A

 

38

 

 

 

 

 

 

39

 

Exemptions for estates and trusts only (see instructions) . .

. . .

. . . . . . .

 

39

 

For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see instructions.

Cat. No. 11364D

Form 1040-NR (2019)

Form 1040-NR (2019)

Page 2

Tax and Credits

(continued)

Other

Taxes

Payments

Refund

Direct deposit? See instructions.

Amount You Owe

Third Party Designee

Sign Here

Keep a copy of this return for your records.

Paid

Preparer

Use Only

40

Add lines 37 through 39

. . . . . . .

 

40

 

41

Taxable income. Subtract line 40 from line 35. If zero or less, enter -0-

. . . . . . .

 

41

 

42

Tax (see instr.). Check if any is from Form(s):

a

8814 b 4972

c

 

 

42

 

43

Alternative minimum tax (see instructions). Attach Form 6251 . . .

. . . . . . .

 

43

 

44

Excess advance premium tax credit repayment. Attach Form 8962 . .

. . . . . . .

 

44

 

45

Add lines 42, 43, and 44

. . . . . .

 

45

 

46

Foreign tax credit. Attach Form 1116 if required

 

46

 

 

 

 

 

47

Credit for child and dependent care expenses. Attach Form 2441 .

 

47

 

 

 

 

 

48

Retirement savings contributions credit. Attach Form 8880 . . .

 

48

 

 

 

 

 

49

Child tax credit and credit for other dependents (see instructions) .

 

49

 

 

 

 

 

50

Residential energy credits. Attach Form 5695

 

50

 

 

 

 

 

51

Other credits from Form: a 3800 b

8801

c

 

51

 

 

 

 

 

52

Add lines 46 through 51. These are your total credits

. . . . . . .

 

52

 

53

Subtract line 52 from line 45. If zero or less, enter -0-

. . . . . .

 

53

 

54Tax on income not effectively connected with a U.S. trade or business from page 4, Schedule

 

NEC, line 15

54

55

Self-employment tax. Attach Schedule SE (Form 1040 or 1040-SR)

55

56

Unreported social security and Medicare tax from Form: a 4137 b 8919 . . . .

56

57

Additional tax on IRAs, other qualified retirement plans, etc. Attach Form 5329 if required . .

57

58

Transportation tax (see instructions)

58

59a Household employment taxes from Schedule H (Form 1040 or 1040-SR)

59a

 

b Repayment of first-time homebuyer credit from Form 5405. Attach Form 5405 if required . .

59b

60

Taxes from: a Form 8959 b Instructions; enter code(s)

60

61

Total tax. Add lines 53 through 60

61

62Federal income tax withheld from:

a Form(s) W-2 and 1099

 

62a

 

 

 

b Form(s) 8805

 

62b

 

 

 

c Form(s) 8288-A

 

62c

 

 

 

d Form(s) 1042-S

 

62d

 

 

 

63

2019 estimated tax payments and amount applied from 2018 return

 

63

 

 

 

 

64

Additional child tax credit. Attach Schedule 8812

 

64

 

 

 

 

65

Net premium tax credit. Attach Form 8962

 

65

 

 

 

 

66

Amount paid with request for extension to file (see instructions) . .

 

66

 

 

 

 

67

Excess social security and tier 1 RRTA tax withheld (see instructions)

 

67

 

 

 

 

68

Credit for federal tax on fuels. Attach Form 4136

 

68

 

 

 

 

69

Credits from Form: a 2439 b

 

Reserved c

8885 d

69

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

70

Credit for amount paid with Form 1040-C

 

70

 

 

 

 

71

Add lines 62a through 70. These are your total payments . . .

. . . . . . .

 

71

72

If line 71 is more than line 61, subtract line 61 from line 71. This is the amount you overpaid

 

72

73a

Amount of line 72 you want refunded to you. If Form 8888 is attached, check here . .

73a

b Routing number

 

 

 

 

 

 

 

 

 

 

 

c Type:

 

Checking

Savings

 

 

d Account number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

e If you want your refund check mailed to an address outside the United States not shown on page 1, enter it here.

74

Amount of line 72 you want applied to your 2020 estimated tax

74

 

 

 

 

 

 

 

 

75

Amount you owe. Subtract line 71 from line 61. For details on how to pay, see instructions

75

 

 

 

 

 

76

Estimated tax penalty (see instructions)

76

 

 

 

 

 

 

 

 

Do you want to allow another person to discuss this return with the IRS? See instructions

Yes. Complete below.

 

No

Designee’s

Phone

 

Personal identification

 

 

 

 

 

name

 

no.

 

number (PIN)

 

 

 

 

 

 

Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge.

Your signature

 

Date

Your occupation in the United States

 

If the IRS sent you an Identity

F

 

 

 

 

 

Protection PIN, enter it here

 

 

 

 

 

(see instr.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PTIN

Print/Type preparer’s name

Preparer’s signature

 

Date

Check

if

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

self-employed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Firm’s name

 

 

 

Firm’s EIN

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Firm’s address

 

 

 

Phone no.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Form 1040-NR (2019)

Form 1040-NR (2019)

 

 

 

 

 

Page 3

Schedule A—Itemized Deductions (see instructions)

 

 

 

07

 

 

 

 

 

 

 

 

Taxes You

1

 

 

 

 

 

 

Paid

State and local income taxes

 

 

 

 

 

 

a

 

 

 

 

 

 

 

State and local income taxes

1a

 

 

 

 

 

 

 

 

 

 

 

 

 

b

Enter the smaller of line 1a and $10,000 ($5,000 if box 5 is checked) .

. . . .

. . .

1b

Gifts

2

Gifts by cash or check. If you made any gift of $250 or more, see

 

 

 

 

 

to U.S.

 

 

 

 

 

 

instructions

2

 

 

 

 

Charities

 

 

 

 

 

3

Other than by cash or check. If you made any gift of $250 or more,

 

 

 

 

 

Caution: If you

 

 

 

 

 

 

see instructions. Individuals must attach Form 8283 if line 3 is over

 

 

 

 

 

made a gift

 

 

 

 

 

 

 

$500

3

 

 

 

 

and received a

 

 

 

 

 

 

 

 

 

 

 

 

benefit in

 

 

 

 

 

 

 

return, see

4

Carryover from prior year

4

 

 

 

 

instructions.

5

Add lines 2 through 4

. . . .

. . .

 

 

 

 

 

 

5

 

Casualty

6

Casualty and theft loss(es) from a federally declared disaster (other than net

qualified

 

 

and Theft

 

 

 

disaster losses). Attach Form 4684 and enter the amount from line 18 of that form. See

 

 

Losses

 

 

 

 

instructions

. . . .

. . .

6

 

 

 

 

Other

7

Other—from list in instructions. List type and amount

 

 

 

 

 

Itemized

 

 

 

 

 

 

 

Deductions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7

 

Total

 

 

 

Itemized

8 Add the amounts in the far right column for lines 1b through 7. Also, enter this amount on

 

 

Deductions

Form 1040-NR, line 37

8

 

Form 1040-NR (2019)

Form 1040-NR (2019)

Page 4

Schedule NEC—Tax on Income Not Effectively Connected With a U.S. Trade or Business (see instructions)

Enter amount of income under the appropriate rate of tax (see instructions)

Nature of income

(d) Other (specify)

 

 

 

(a) 10%

(b) 15%

(c) 30%

%

%

 

 

 

 

 

 

1

Dividends and dividend equivalents:

 

 

 

 

 

a

Dividends paid by U.S. corporations

1a

 

 

 

 

b

Dividends paid by foreign corporations

1b

 

 

 

 

c

Dividend equivalent payments received with respect to section 871(m)

 

 

 

 

 

 

transactions

1c

 

 

 

 

2

Interest:

 

 

 

 

 

 

a

Mortgage

2a

 

 

 

 

b

Paid by foreign corporations

2b

 

 

 

 

c

Other

2c

 

 

 

 

3

Industrial royalties (patents, trademarks, etc.)

3

 

 

 

 

4

Motion picture or T.V. copyright royalties

4

 

 

 

 

5

Other royalties (copyrights, recording, publishing, etc.)

5

 

 

 

 

6

Real property income and natural resources royalties

6

 

 

 

 

7

Pensions and annuities

7

 

 

 

 

8

Social security benefits

8

 

 

 

 

9

Capital gain from line 18 below

9

 

 

 

 

10

Gambling—Residents of Canada only. Enter net income in column (c).

 

 

 

 

 

 

If zero or less, enter -0-.

 

 

 

 

 

 

a

Winnings

 

 

 

 

 

 

b

Losses

. . . . . . . . . . . . . . .

10c

 

 

 

 

11

Gambling winnings—Residents of countries other than Canada.

 

 

 

 

 

 

Note: Losses not allowed

11

 

 

 

 

12

Other (specify)

 

 

 

 

 

 

 

 

 

12

 

 

 

 

13

Add lines 1a through 12 in columns (a) through (d)

13

 

 

 

 

14

Multiply line 13 by rate of tax at top of each column

14

 

 

 

 

15

Tax on income not effectively connected with a U.S. trade or business. Add columns (a) through (d) of line 14. Enter the total here and on Form

 

 

 

1040-NR, line 54

. . . . . . . . . . . . .

. . . . . . . . . .

15

 

Capital Gains and Losses From Sales or Exchanges of Property

Enter only the capital gains and

16

(a) Kind of property and description

 

 

 

 

 

 

 

 

(f) LOSS

 

(g) GAIN

losses

from

property sales

or

 

(b) Date acquired

(c) Date sold

 

(d) Sales price

(e) Cost or

 

 

 

(if necessary, attach statement of

 

 

 

If (e) is more than (d),

If (d) is more than (e),

exchanges

that

are

from

 

 

(mo., day, yr.)

(mo., day, yr.)

 

other basis

 

 

descriptive details not shown below)

 

 

 

 

subtract (d) from (e)

subtract (e) from (d)

sources

within

the

United

 

 

 

 

 

 

 

 

 

States

and

not

effectively

 

 

 

 

 

 

 

 

 

 

 

 

 

connected with a U.S. business.

 

 

 

 

 

 

 

 

 

 

 

 

 

Do not include a gain or loss on

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

disposing

of

a

U.S.

real

 

 

 

 

 

 

 

 

 

 

 

 

 

property

interest;

report

these

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

gains and losses on Schedule D

 

 

 

 

 

 

 

 

 

 

 

 

 

(Form 1040 or 1040-SR).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Report

 

property

sales

or

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

exchanges that

are effectively

 

 

 

 

 

 

 

 

 

 

 

 

 

connected with a U.S. business

17

Add columns (f) and (g) of line 16

. . . . . . . . . . . .

. . . . . . .

. . . .

 

17

(

)

 

on Schedule D (Form 1040 or

 

 

 

 

 

 

 

 

 

 

 

 

 

1040-SR), Form 4797, or both.

 

18

Capital gain. Combine columns (f) and (g) of line 17. Enter the net gain here and on line 9 above (if a loss, enter -0-) .

18

 

Form 1040-NR (2019)

Page 5
No
No
No
No

Form 1040-NR (2019)

Schedule OI—Other Information (see instructions)

Answer all questions

AOf what country or countries were you a citizen or national during the tax year?

B In what country did you claim residence for tax purposes during the tax year?

C Have you ever applied to be a green card holder (lawful permanent resident) of the United States? . . . . .

D Were you ever:

1.

A U.S. citizen?

2.

A green card holder (lawful permanent resident) of the United States?

 

If you answer “Yes” to (1) or (2), see Pub. 519, chapter 4, for expatriation rules that apply to you.

EIf you had a visa on the last day of the tax year, enter your visa type. If you did not have a visa, enter your U.S. immigration status on the last day of the tax year.

F

Have you ever changed your visa type (nonimmigrant status) or U.S. immigration status?

 

If you answered “Yes,” indicate the date and nature of the change.

GList all dates you entered and left the United States during 2019. See instructions.

Note: If you are a resident of Canada or Mexico AND commute to work in the United States at frequent intervals,

check the box for Canada or Mexico and skip to item H

Canada

Mexico

Yes

Yes Yes

Yes

Date entered United States

Date departed United States

mm/dd/yy

mm/dd/yy

 

 

 

 

 

 

 

 

 

 

Date entered United States

Date departed United States

mm/dd/yy

mm/dd/yy

 

 

 

 

 

 

 

 

 

 

HGive number of days (including vacation, nonworkdays, and partial days) you were present in the United States during:

 

2017

, 2018

, and 2019

.

 

 

I

Did you file a U.S. income tax return for any prior year?

. . . . . . .

Yes

No

 

If “Yes,” give the latest year and form number you filed . . .

 

 

 

 

J

Are you filing a return for a trust?

. . . . . . .

Yes

No

 

If “Yes,” did the trust have a U.S. or foreign owner under the grantor trust rules, make a distribution or loan to a

 

 

 

U.S. person, or receive a contribution from a U.S. person?

. . . . . . .

Yes

No

K

Did you receive total compensation of $250,000 or more during the tax year?

. . . . . . .

Yes

No

 

If “Yes,” did you use an alternative method to determine the source of this compensation?

. . . . . . .

Yes

No

LIncome Exempt from Tax—If you are claiming exemption from income tax under a U.S. income tax treaty with a foreign country, complete (1) through (3) below. See Pub. 901 for more information on tax treaties.

1.Enter the name of the country, the applicable tax treaty article, the number of months in prior years you claimed the treaty benefit, and the amount of exempt income in the columns below. Attach Form 8833 if required. See instructions.

(a) Country

(b) Tax treaty article

(c) Number of months

(d) Amount of exempt

claimed in prior tax years

income in current tax year

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(e) Total. Enter this amount on Form 1040-NR, line 22. Do not enter it on line 8 or line 12 . .

 

 

 

2.

Were you subject to tax in a foreign country on any of the income shown in 1(d) above?

Yes

No

3.

Are you claiming treaty benefits pursuant to a Competent Authority determination?

Yes

No

 

If “Yes,” attach a copy of the Competent Authority determination letter to your return.

 

 

MCheck the applicable box if:

1.This is the first year you are making an election to treat income from real property located in the United States as effectively connected

with a U.S. trade or business under section 871(d). See instructions . . . . . . . . . . . . . . . . . .

2.You have made an election in a previous year that has not been revoked, to treat income from real property located in the United

States as effectively connected with a U.S. trade or business under section 871(d). See instructions . . . . . . . .

Form 1040-NR (2019)

File Breakdown

Fact Name Details
Purpose The IRS 1040-NR form is used by non-resident aliens to report their U.S. income.
Filing Requirement Non-resident aliens must file if they had U.S. source income that is subject to tax.
Tax Year The form is used for income earned during a calendar year.
Deadline Typically, the deadline for filing 1040-NR is June 15 of the following year.
Extensions Filing an extension can be done using Form 4868, which gives an additional six months.
Income Types Non-resident aliens report income types such as wages, self-employment income, and scholarships.
Deduction Limitations Non-resident aliens have limited deductions compared to residents, often capped at certain amounts.
State-Specific Forms States like New York and California have their own specific forms for non-resident income tax filings.
Governing Laws State tax law varies; for example, New York's tax regulations govern filing in New York State.
PENALTIES Failure to file or underreporting income can result in penalties, including interest on unpaid taxes.

Guide to Using IRS 1040-NR

Filling out the IRS 1040-NR form requires careful attention to detail. This form is used for reporting income for non-resident aliens. After completing the form, it will be essential to review all entries for accuracy before submitting it to the IRS.

  1. Gather Your Documents: Collect all necessary documents including your passport, visa, and any income statements such as Form W-2 or Form 1099.
  2. Obtain the Form: Download the IRS 1040-NR form from the official IRS website or request a paper copy to fill out.
  3. Fill Out Personal Information: Provide your name, address, and identification details. If you have a Social Security Number or Individual Taxpayer Identification Number, include that information.
  4. Report Your Income: Record any income earned from U.S. sources in the appropriate sections of the form. This includes wages, salaries, and any other income types relevant to the year.
  5. Claim Deductions: If applicable, identify any deductions you qualify for. Proper documentation must support these claims.
  6. Calculate Taxes Owed: Follow the form's instructions to determine your total tax liability based on your reported income and deductions.
  7. Fill Out Additional Schedules: If necessary, complete any additional schedules that apply to your situation, and attach them to your form.
  8. Sign and Date the Form: Make sure to sign and date your completed form. This step is essential for the validity of your submission.
  9. Submit the Form: Send your completed IRS 1040-NR form to the address specified in the form instructions. Make sure to send it by the appropriate deadline.

Get Answers on IRS 1040-NR

What is the IRS 1040-NR form?

The IRS 1040-NR form is used by non-resident aliens to report their income earned in the United States. If you are not a US citizen or resident and you have US-sourced income, this form is necessary for fulfilling your tax obligations. It's crucial to file the 1040-NR correctly to avoid penalties.

Who needs to file the 1040-NR?

In general, non-resident aliens with any of the following situations must file the 1040-NR:

  • You earned income in the US.
  • You received certain types of income such as scholarships or fellowship grants.
  • You had capital gains from selling US-based property.
  • You are a partner in a US partnership.

What types of income do I report on the 1040-NR?

You need to report various types of income on the 1040-NR, including:

  1. Wages or salary from US employment.
  2. Interest income from US banks.
  3. Dividends from US stocks or mutual funds.
  4. Rental income from properties located in the US.

When is the deadline for filing the 1040-NR?

The deadline for filing the 1040-NR is typically April 15 of the year following the tax year. However, if you do not have any US income at all, you may file by June 15. Be mindful of these dates to avoid late fees.

Can I file the 1040-NR online?

Yes, there are several tax software options that allow you to file the 1040-NR electronically. Ensure you choose a provider that specifically supports this form as many do not. Filing online can often be faster, and you'll receive confirmation once the IRS has processed your return.

What documents do I need to file the 1040-NR?

When preparing to file the 1040-NR, gather the following documents:

  • Form W-2 or 1099 from employers or financial institutions.
  • Bank statements showing US-based interest income.
  • Property rental agreements if applicable.
  • Any relevant deductions or credits you can claim.

Are there deductions I can claim on the 1040-NR?

Yes, non-resident aliens can claim certain deductions on the 1040-NR, such as:

  • State and local income taxes.
  • Expenses related to business activities.
  • Charitable contributions to IRS-qualified organizations.

What should I do if I owe taxes?

If you owe taxes after completing your 1040-NR, you will need to pay the amount due by the filing deadline to avoid penalties. Several payment methods are available, including electronic funds transfer, credit card payments, or mailing a check. Always double-check your calculations to ensure you report the correct amount owed.

Common mistakes

Filling out the IRS 1040-NR form can be a daunting task, especially for non-resident aliens. It is essential to approach this process with care to avoid mistakes that can lead to delays or issues with tax obligations. One common error is providing inaccurate personal information. Ensuring that your name, address, and identification numbers are correct is crucial, as any discrepancies can cause complications with your tax return.

Another mistake often encountered is the failure to determine residency status correctly. Non-resident aliens must understand their tax status, which affects how they report their income. Misclassifying oneself can lead to filing the wrong form or reporting incorrect income, resulting in potential penalties.

Moreover, many individuals overlook the importance of reporting all income accurately. Some may forget to include specific earnings, such as investment income or wages earned in the United States. Missing income can raise red flags with the IRS and lead to audit concerns.

A frequent error involves neglecting to claim deductions or exemptions that one may be eligible for. Non-resident aliens can sometimes claim certain deductions, but many individuals fail to take advantage of these. This oversight can lead to higher tax liabilities than necessary.

In addition, incorrect filing status choice can create problems. Non-resident aliens must select the filing status that accurately reflects their circumstances. Choosing the wrong status may affect tax rates and the amount owed, complicating the filing process unnecessarily.

Many individuals also miscalculate their tax liabilities. Tax rates differ for non-resident aliens compared to U.S. citizens. This often results in errors when figures are computed. Utilizing a tax calculator or consulting with a tax professional can help ensure that calculations are accurate.

For those who are eligible to claim treaty benefits, the failure to do so is another common mistake. Tax treaties can provide significant advantages, but claiming these benefits requires proper documentation and knowledge of treaty provisions. Ignorance of these opportunities can lead to paying more tax than necessary.

Finally, neglecting to sign and date the return is an often-overlooked detail that can cause delays in processing. A completed form with no signature may be deemed invalid. It is always essential to double-check that everything is completed correctly, including signing before submission.

Documents used along the form

The IRS 1040-NR form is specifically designed for non-resident aliens who are required to file a tax return in the United States. However, several other forms and documents are typically used in conjunction with the 1040-NR to ensure accurate reporting of income, deductions, and credits. Below is a list of these essential documents.

  • Form 8843: This form is used to declare a non-resident alien's status as a student or teacher. It helps establish eligibility for certain tax exemptions under the U.S. tax treaty agreements.
  • Form W-2: Employers issue this form to report wages and withholding information for an employee. Non-resident aliens may receive a W-2 if they were employed during the tax year.
  • Form 1099: This document reports various types of income other than wages, salaries, and tips. Non-resident aliens may receive 1099 forms for freelance work or interest income.
  • Form 8833: Non-resident aliens must use this form to disclose positions taken under a tax treaty, specifically when seeking benefits under that treaty.
  • Form 1042-S: This form reports income paid to non-resident aliens that may be subject to withholding. It includes various types of income, such as scholarships or investment income.
  • Form 940: Employers file this form to report their annual Federal Unemployment Tax Act (FUTA) taxes. Non-resident employees should be aware of this for their tax liabilities.
  • Schedule A: This document may be included with the 1040-NR to itemize deductions available to non-resident taxpayers, such as certain state and local taxes.
  • Form 4868: If additional time is needed to file the 1040-NR, non-resident aliens can use this form to request an automatic extension.

Using these forms correctly and in conjunction with the IRS 1040-NR allows non-resident aliens to ensure compliance with tax laws and maximize their eligibility for deductions and credits. Keeping track of these documents will help streamline the filing process and provide a clearer understanding of any tax obligations.

Similar forms

  • IRS Form 1040: This is the standard income tax return used by U.S. citizens and resident aliens. Like the 1040-NR, it reports income and calculates tax liability but is intended for those who meet residency requirements.
  • IRS Form 1040-SR: Designed for seniors, this form is similar to 1040-NR but features a larger print and standardized options. It applies to U.S. citizens and resident aliens who are age 65 or older.
  • IRS Form 1040-EZ: This was a simplified version of the standard form. Although discontinued, it had similarities with 1040-NR in terms of straightforward income reporting for those with simpler financial situations.
  • IRS Form 1065: Used by partnerships to report income, deductions, and other tax information, Form 1065 shares the purpose of income declaration with 1040-NR but is for partnership entities rather than individual non-resident aliens.
  • IRS Form 1120: This form is utilized by corporations to report their income. Like 1040-NR, it is critical for determining the taxable income of the entity in question but applies to corporate entities rather than individuals.
  • IRS Form 1041: The tax return for estates and trusts captures income similarly to 1040-NR. It is used to report income generated by trust and estate assets but caters specifically to non-individual taxpayers.
  • IRS Form 8862: This form is filed by taxpayers who previously lost their right to claim the Earned Income Tax Credit. While it serves a different purpose, it relates to claiming credits similarly to how one might claim deductions on 1040-NR.
  • IRS Form W-7: This form applies for obtaining an Individual Taxpayer Identification Number (ITIN). Similar to 1040-NR, it caters to non-resident aliens for tax identification and reporting purposes.

Dos and Don'ts

When filling out the IRS 1040-NR form, there are several important guidelines to consider. Below is a list of things you should do and things you should avoid.

  • Ensure Accurate Personal Information: Provide your name, address, and taxpayer identification number correctly.
  • Report All Income: Include all sources of income, both U.S. and foreign, as required by the IRS.
  • Claim Eligible Deductions: Take time to identify any deductions you are eligible for to lower your taxable income.
  • Sign and Date the Form: Make sure you sign and date the form before submission to ensure it is valid.
  • Do Not Rush the Process: Take your time to carefully complete the form, as mistakes can lead to delays or audits.
  • Avoid Incomplete Information: Failing to provide all required details can compromise your filing and lead to penalties.
  • Do Not Ignore Deadlines: Submit your form by the IRS deadline to avoid fees or complications.
  • Do Not Overlook State Requirements: Remember that you may also have state filing obligations beyond the federal form.

Misconceptions

The IRS 1040-NR form is specifically designed for non-resident aliens who need to report their U.S. income. Despite its purpose, several misconceptions exist regarding its use and requirements. Here are four common misconceptions:

  • Only Foreigners Need to File the 1040-NR. Many people assume that only non-U.S. citizens need to use this form. However, even certain resident aliens who had prior non-resident status may require this form for specific income reporting.
  • Filing the 1040-NR is Optional. Some believe that filing this form is not necessary unless the IRS specifically requests it. In reality, if a non-resident alien has U.S. income, filing the 1040-NR is a legal requirement.
  • All Non-Resident Aliens Qualify for Tax Treaties. It's a common misconception that all non-residents can take advantage of tax treaties. In fact, eligibility varies based on the individual's country of residence and the terms of the treaty.
  • The 1040-NR Does Not Allow for Deductions. Many assume that the 1040-NR cannot accommodate deductions. However, non-resident aliens can claim certain deductions, like state and local taxes, along with specific expenses related to effectively connected income.

Understanding these misconceptions is essential for non-resident aliens to navigate their tax responsibilities correctly.

Key takeaways

The IRS 1040-NR form is essential for nonresident aliens in the United States. Below are key takeaways related to filling out and using this form.

  • The 1040-NR form is specifically designed for nonresident aliens who earn income in the U.S.
  • Accurate information on the form can help determine the correct amount of tax owed or refund due.
  • Filing is typically required if a nonresident alien has income that is effectively connected with a U.S. trade or business.
  • The form must be submitted by April 15 of the following year to avoid penalties.
  • It is necessary to report all income earned, both from U.S. and foreign sources, if connected to U.S. business activities.
  • Tax treaties between the U.S. and certain countries may allow for reduced tax rates or exemptions.
  • Supporting documents like W-2 forms, 1099 forms, and other relevant income statements should accompany the submission.
  • Use the correct residency status to decide which deductions and credits you may claim.
  • It is advisable to retain copies of the submitted form and documentation for future reference.
  • Consulting a tax professional can provide clarity on complex situations and ensure compliance with tax laws.