Userid: CPM Schema: Leadpct: 100% Pt. size: 10 Draft Ok to Print instrx AH XSL/XML Fileid: … s/i1040-nr/2023/a/xml/cycle06/source (Init. & Date) _______ Page 1 of 52 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service 2023 Instructions for Form 1040-NR U.S. Nonresident Alien Income Tax Return Contents Page Contents Page Contents Page Form 1040-NR Helpful Hints . . . . . . . 2 Effectively Connected Instructions for Schedule 3 What's New . . . . . . . . . . . . . . . . . . 5 Income (ECI) . . . . . . . . . . . 16 (Form 1040) . . . . . . . . . . . . 35 Filing Requirements . . . . . . . . . . . . . 6 Payments . . . . . . . . . . . . . . . 21 Instructions for Schedule A Resident or Nonresident Refund . . . . . . . . . . . . . . . . . 21 (Form 1040-NR) . . . . . . . . . 37 Alien . . . . . . . . . . . . . . . . . 10 Amount You Owe . . . . . . . . . . 22 Instructions for Schedule When and Where Should Third Party Designee . . . . . . . . 22 NEC (Form 1040-NR) . . . . . . 40 You File? . . . . . . . . . . . . . . 11 Sign Your Return . . . . . . . . . . . 22 Instructions for Schedule OI (Form 1040-NR) . . . . . . . . . 43 Election To Be Taxed as a Assemble Your Return . . . . . . . 22 Instructions for Schedule P Resident Alien . . . . . . . . . . . . 12 2023 Tax Table . . . . . . . . . . . . 23 (Form 1040-NR) . . . . . . . . . 45 Dual-Status Taxpayers . . . . . . . . . . 12 2023 Tax Computation Tax Topics . . . . . . . . . . . . . . . 48 How To Report Income . . . . . . . . . . 14 Worksheet—Line 16 . . . 23 Disclosure, Privacy Act, and Line Instructions . . . . . . . . . . . . . . 15 General Information . . . . . . . . . 24 Paperwork Reduction Act Name and Address . . . . . . . . . 15 Refund Information . . . . . . . . . 27 Notice . . . . . . . . . . . . . . . . 48 Identifying Number . . . . . . . . . 15 Instructions for Schedule 1 How To Get Tax Help . . . . . . . . . . . 24 Filing Status . . . . . . . . . . . . . . 15 (Form 1040) . . . . . . . . . . . . 28 Index . . . . . . . . . . . . . . . . . . . . . 51 Dependents . . . . . . . . . . . . . . 16 Instructions for Schedule 2 Section references are to the Internal (Form 1040) . . . . . . . . . . . . 32 Revenue Code unless otherwise noted. Form 1040-NR and Schedules Use the base form and Schedule OI... only the schedules that are right for you. * NEC (FormA1040-NR) (FormP1040-NR) 1040-NR OI * You may need to le additional schedules not listed. See instructions. Jan 19, 2024 Cat. No. 11368V |
Page 2 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Form 1040-NR Helpful Hints The lines on Form 1040-NR are arranged so that, in most instances, they are for the same tax items as the lines on 2023 Forms 1040, U.S. Individual Income Tax Return, and 1040-SR, U.S. Income Tax Return for Seniors. You may also need the three Form 1040 numbered schedules: Schedule 1 (Form 1040), Additional Income and Adjustments to Income; Schedule 2 (Form 1040), Additional Taxes; and Schedule 3 (Form 1040), Additional Credits and Payments. You will need to complete the applicable items on Schedule OI (Form 1040-NR), Other Information, and include that schedule with your Form 1040-NR. CAUTION: There is a Schedule A (Form 1040-NR), Itemized Deductions, and a Schedule A (Form 1040), Itemized Deductions. Use Schedule A (Form 1040-NR) only with Form 1040-NR. Do not use Schedule A (Form 1040-NR) with Forms 1040 or 1040-SR. Though you will need to file Form 1040-NR and Schedule OI (Form 1040-NR), you may not need to file the numbered schedules (Schedules 1 through 3 (Form 1040)), or Schedule A (Form 1040-NR), Schedule NEC (Form 1040-NR), Tax on Income Not Effectively Connected With a U.S. Trade or Business, and Schedule P (Form 1040-NR), Foreign Partner’s Interests in Certain Foreign Partnerships Transferred During the Tax Year. However, if your return is more complicated (for example, you claim certain deductions or credits or owe additional taxes, or you have U.S. source income not effectively connected with a U.S. trade or business), you will need to complete one or more of those schedules. Below is a general guide to which schedule(s) you will need to file based on your circumstances. See the instructions for the schedules later for more information. If you e-file your return, the software you use will generally determine which schedules you need. You will need the Instructions for Form 1040. Throughout these instructions, you are directed to go to the Instructions for Forms 1040 (also known as the Instructions for Form 1040 (and 1040-SR)) for details on how to complete a line. But, in most instances, you will need to look at whether you must take exceptions into consideration when applying those instructions. The specific exceptions for a line are listed under the instructions for the line. Some of the exceptions noted repeatedly in the line instructions are below. • A nonresident alien filing Form 1040-NR cannot have a Married filing jointly or a Head of household filing status. • Certain tax benefits (such as the child tax credit, the credit for other dependents, and the additional child tax credit; and the premium tax credit for dependents) are only available in full to residents of Canada and Mexico and, to a limited extent, to residents of India and South Korea. These tax benefits cannot be claimed by other nonresident aliens. • There are certain forms used by Form 1040 and Form 1040-SR filers that are NOT used by Form 1040-NR filers: for example, Form 2555 and Schedule K-1 (Form 1120-S). • The instructions for estates and trusts on the main form may, in certain instances, align more with the Instructions for Form 1041, U.S. Income Tax Return for Estates and Trusts, than with the Instructions for Form 1040, which are for individuals. If you are filing for a nonresident alien estate or trust, you will still need to follow the Instructions for Schedule NEC, later, if the estate or trust has U.S. source income that is not effectively connected with a U.S. trade or business. And there may be tax benefits and income inclusions on Form 1041 not applicable to a nonresident alien trust or estate. IF YOU . . . THEN USE . . . Can claim deductions and losses properly allocated and apportioned to income effectively connected Schedule A (Form 1040-NR) with a U.S. trade or business. Do not include deductions and/or losses that relate to exempt income or to Note. Do not use Schedule A (Form 1040-NR) income that is not effectively connected with a U.S. trade or business. with Form 1040 or Form 1040-SR. Use Schedule A (Form 1040-NR) only with Form 1040-NR. With Form 1040 or 1040-SR, use Schedule A (Form 1040). Have income not effectively connected with a U.S. trade or business. Schedule NEC (Form 1040-NR) Had a gain or loss from your transfer of an interest in a partnership that is either directly or indirectly engaged in the conduct of a trade or business within the United States or holds any U.S. real property Schedule P (Form 1040-NR) interests. Have additional income, such as business or farm income or loss, unemployment compensation, or prize Schedule 1 (Form 1040), Part I or award money from a U.S. trade or business. Have any adjustments to income to claim, such as student loan interest deduction, self-employment tax Schedule 1 (Form 1040), Part II deduction, or educator expenses. Owe alternative minimum tax (AMT) or need to make an excess advance premium tax credit repayment. Schedule 2 (Form 1040), Part I Owe other taxes, such as self-employment tax, household employment taxes, and additional tax on Schedule 2 (Form 1040), Part II individual retirement arrangements (IRAs) or other qualified retirement plans and tax-favored accounts. Can claim a nonrefundable credit (other than the child tax credit or the credit for other dependents), such Schedule 3 (Form 1040), Part I as the foreign tax credit or general business credit. Can claim a refundable credit (other than the additional child tax credit), such as the net premium tax credit. Schedule 3 (Form 1040), Part II Have other payments, such as an amount paid with a request for an extension to file or excess social security tax withheld. 2 Instructions for Form 1040-NR (2023) |
Page 3 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. The Taxpayer Advocate Service Is Here To Help You What is the Taxpayer Advocate Service? The Taxpayer Advocate Service (TAS) is an independent organization within the Internal Revenue Service (IRS) that helps taxpayers and protects taxpayer rights. TAS strives to ensure that every taxpayer is treated fairly and that you know and understand your rights under the Taxpayer Bill of Rights. What can TAS do for you? TAS can help you if your tax problem is causing a financial difficulty, you’ve tried and been unable to resolve your issue with the IRS, or you believe an IRS system, process, or procedure just isn’t working as it should. And the service is free. If you qualify for TAS assistance, you will be assigned to one advocate who will work with you throughout the process and will do everything possible to resolve your issue. TAS can help you if: • Your problem is causing financial difficulty for you, your family, or your business. • You face (or your business is facing) an immediate threat of adverse action. • You’ve tried to contact the IRS but no one has responded, or the IRS hasn’t responded by the date promised. How can you reach TAS? TAS has offices in every state, the District of Columbia, and Puerto Rico. To find your advocate’s number: • Go to TaxpayerAdvocate.IRS.gov/Contact-Us; • Download Publication 1546, Taxpayer Advocate Service Is Your Voice at the IRS. If you don’t have Internet access, you can call the IRS toll free at 800-TAX-FORM (800-829-3676) and ask for a copy of Publication 1546; • Check your local directory; or • Call TAS toll free at 877-777-4778. How can you learn about your taxpayer rights? The Taxpayer Bill of Rights describes 10 basic rights that all taxpayers have when dealing with the IRS. The TAS websiteTaxpayerAdvocate.IRS.gov can help you understand what these rights mean to you and how they apply. These are your rights. Know them. Use them. How else does TAS help taxpayers? TAS works to resolve large-scale problems that affect many taxpayers. If you know of one of these broad issues, please report it to TAS at IRS.gov/SAMS. Be sure not to include any personal taxpayer information. Low Income Taxpayer Clinics (LITCs) Low Income Taxpayer Clinics (LITCs) are independent from the Internal Revenue Service (IRS) and the Taxpayer Advocate Service (TAS). LITCs represent individuals whose income is below a certain level and who need to resolve tax problems with the IRS. LITCs can represent taxpayers in audits, appeals, and tax collection disputes before the IRS and in court. In addition, LITCs can provide information about taxpayer rights and responsibilities in different languages for individuals who speak English as a second language. Services are offered for free or a small fee. For more information or to find an LITC near you, see the LITC page at TaxpayerAdvocate.IRS.gov/LITCMap or IRS Publication 4134, Low Income Taxpayer Clinic List. This publication is available online at IRS.gov/Forms-Pubs or by calling the IRS toll free at 800-TAX-FORM (800-829-3676). Suggestions for Improving the IRS Taxpayer Advocacy Panel Taxpayers have an opportunity to provide direct feedback to the Internal Revenue Service (IRS) through the Taxpayer Advocacy Panel (TAP). The TAP is a Federal Advisory Committee comprised of an independent panel of citizen volunteers who listen to taxpayers, identify taxpayers' systemic issues, and make suggestions for improving IRS customer service. Contact TAP at ImproveIRS.org. Instructions for Form 1040-NR (2023) 3 |
Page 4 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. You can electronically file (e-file) your Form 1040-NR. E-filing your returns—safe, quick, and easy Why do millions of Americans le their taxes electronically? • Security—The IRS uses the latest encryption technology to safeguard your information. • Flexible Payments—File early; pay by the due date of your return (not counting extensions)—April 15, 2024 (for most people). • Greater Accuracy—Fewer errors mean faster processing. • Quick Receipt—Get an acknowledgment that your return was received and accepted. • Go Green—Reduce the amount of paper used. • Faster Refunds—Join the eight in 10 taxpayers who get their refunds faster by using direct deposit and e-le. IRS e-file: It’s Safe. It’s Easy. It’s Time. Joining the more than 150 million Americans who are already using e-le is easy. Just ask your tax preparer or use commercial software. IRS e-le is the safest, most secure way to transmit your tax return to the IRS. Since 1990, the IRS has processed more than 2 billion e-led tax returns safely and securely. There’s no paper return to be lost or stolen. Most tax return preparers are now required to use IRS e-le. If you are asked if you want to e-le, just give it a try. IRS e-le is now the norm, not the exception. IRS.gov is the gateway to all electronic services offered by the IRS, as well as the spot to download forms at IRS.gov/Forms. Make your tax payments online—it’s easy. You can make payments online, by phone, or from a mobile device. Paying online is safe and secure; it puts you in control of paying your tax bill and gives you peace of mind. You determine the payment date, and you will receive an immediate conrmation from the IRS. Go to IRS.gov/Payments to see all your online payment options. 4 Instructions for Form 1040-NR (2023) |
Page 5 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Affordable Care Act—What April 1, 2021, and for leave taken after distributions from their eligible March 31, 2021, and before October retirement plan that is paid directly to You Need To Know 1, 2021, are now reported on them and is used to pay for health See Affordable Care Act—What You Schedule 3, line 13z. See Schedule H insurance premiums. For more Need To Know in the Instructions for (Form 1040) for more information. information, see Insurance Premiums Form 1040 for details. for Retired Public Safety Officers Alternative motor vehicle credit. under Lines 5a and 5b in the What's New The alternative motor vehicle credit Instructions for Form 1040. has expired. Future developments. For the latest Exception to the 10% additional information about developments New clean vehicle credit. The tax for early distributions. The related to Form 1040-NR and its credit for new qualified plug-in electric exception to the 10% additional tax for instructions, such as legislation drive motor vehicles has changed. early distributions includes the enacted after they were published, go This credit is now known as the clean following. to IRS.gov/Form1040NR. vehicle credit. The maximum amount of the credit and some of the • Distributions from a retirement plan in connection with federally declared Due date of return. File Form requirements to claim the credit have disasters. 1040-NR by April 15, 2024, if you changed. The credit is still reported on were an employee and received Form 8936 and Schedule 3, line 6f. • Distributions from a retirement plan made to someone who is terminally ill. wages subject to U.S. income tax For more information, see Form 8936. withholding. If you live in Maine or • Distributions to firefighters at age Massachusetts, you have until April Previously owned clean vehicle 50 or with 25 years of service under 17, 2024, because of the Patriots’ Day credit. This credit is available for the plan. and Emancipation Day holidays. previously owned clean vehicles See Form 5329 and Pub. 590-B for acquired and placed in service after more information. New Schedule P (Form 1040-NR). 2022. For more information, see Form A nonresident alien, foreign trust, or 8936. Reminders foreign estate will use new Schedule P (Form 1040-NR) to report Self-employed health insurance Married filing status. At the top of information and calculate gain or loss deduction. If you can take the page 1 of Form 1040-NR, select the on the transfer of an interest in a self-employed health insurance filing status Married filing separately if partnership that is either directly or deduction on Schedule 1, line 17, and you are married even if you aren’t indirectly engaged in the conduct of a you can't use the Self-Employed separated from your spouse. But see trade or business within the United Health Insurance Deduction Married Filing Separately, later, for an States or holds any U.S. real property Worksheet in the Instructions for Form exception. interests. 1040, you will now use the Form 7206, Form 1040-NR. Refer to Form instead of Pub. 535, to figure your 1040-NR Helpful Hints, earlier, for a Qualified disability trusts. The deduction. comprehensive discussion of these exemption amount for a qualified disability is $4,700 for 2023. Qualified charitable distribution instructions, including the references one-time election. Beginning in to the Instructions for Form 1040 that Additional child tax credit amount 2023, you can elect to make a you see throughout these instructions. increased. The maximum additional one-time distribution up to $50,000 Required e-filing. Paid tax return child tax credit amount has increased from an individual retirement account preparers must generally e-file Forms to $1,600 for each qualifying child. to charities through a charitable 1040-NR for tax returns filed for tax New lines on Schedule 3. remainder trust, a charitable years ending on or after December • Line 5 has been separated into remainder unitrust, or a charitable gift 31, 2020, unless filing for a lines 5a and 5b so that the residential annuity funded only by qualified dual-status taxpayer, a fiscal-year clean energy credit and the energy charitable distributions. See Pub. taxpayer, a trust, or an estate. For efficient home improvement credit 590-B for more information. these and other exceptions, see reported on Form 5695 each have Increase in required minimum dis- Notice 2020-70. their own line. tribution age. If you reach age 72 in Schedule LEP (Form 1040), Re- • New line 6m was added to report 2023, the required beginning date for quest for Change in Language the credit for previously owned clean your first required minimum Preference. Schedule LEP allows vehicles from Form 8936. distribution from a retirement plan is taxpayers to state a preference to • Line 13c will be used to report the April 1, 2025. See Pub. 590-B for receive written communications from elective payment election amount more information. the IRS in a language other than from Form 3800. Insurance premiums for retired English. For more information, Credits for qualified sick and fami- public safety officers. Eligible including which languages are ly leave wages. The credits for retired public safety officers can available and how to file, see qualified sick and family leave wages exclude from income up to $3,000 of Schedule LEP. paid in 2023 for leave taken before Instructions for Form 1040-NR (2023) 5 |
Page 6 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 2. You were a student or business the income, you will need to file Form Filing Requirements apprentice who was eligible for the 1040-NR for 2023 to pay the benefits of Article 21(2) of the United underwithheld tax or claim a refund of Do You Have To File? States–India Income Tax Treaty, you the overwithheld tax. File Form 1040-NR if any of the are single or a qualifying surviving conditions in Table A. Who Must File spouse, and your gross income for Even if you don’t otherwise Form 1040-NR, later, apply to you. 2023 was less than or equal to TIP have to file a return, you You must still meet (1), (2), or $13,850 if single ($27,700 if a should file one if you can get qualifying surviving spouse). See money back. For example, you should ! (3) below to be exempt from chapters 5 and 7 of Pub. 519 for more file if one of the following applies. CAUTION filing a 2023 Form 1040-NR. details on these treaty benefits. 1. You’re eligible to get a refund of Exceptions. You don’t need to file 3. You were a partner in a U.S. any federal income tax withheld. Form 1040-NR if you meet (1), (2), or partnership that was not engaged in a 2. You’re engaged in a U.S. trade (3) below. trade or business in the United States or business and are eligible for any of 1. You were a nonresident alien during 2023 and your Schedule K-1 the following credits. student, teacher, or trainee who was (Form 1065) includes only income a. Additional child tax credit. temporarily present in the United from U.S. sources reportable on States under an “F,” “J,” “M,” or “Q” Schedule NEC (Form 1040-NR), lines b. Credit for federal tax on fuels. visa, and you have no income that is 1 through 12. c. Premium tax credit. subject to tax under section 871 (that If the partnership withheld You should also consider filing a is, the income items listed on page 1 ! taxes on this income in 2023 of Form 1040-NR, lines 1a through 1h, CAUTION but the tax withheld and return if you received a Form 1099-B 2b, 3b, 4b, 5b, 7, and 8, and reported in box 10 of Form 1042-S (or substitute statement). See Pub. Schedule NEC (Form 1040-NR), lines was less or more than the tax due on 501 for more details. 1 through 12). 6 Instructions for Form 1040-NR (2023) |
Page 7 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Table A. Who Must File Form 1040-NR You must file Form 1040-NR if any of the following conditions apply to you. 1. You were a nonresident alien engaged in a trade or business in the United States during 2023. You must file even if: a. You have no income from a trade or business conducted in the United States, b. You have no U.S. source income, or c. Your income is exempt from U.S. tax under a tax treaty or any section of the Internal Revenue Code. However, if you have no gross income* for 2023, do not complete the schedules for Form 1040-NR other than Schedule OI (Form 1040-NR). Instead, attach a list of the kinds of exclusions you claim and the amount of each. 2. You were a nonresident alien not engaged in a trade or business in the United States during 2023 and: a. You received income from U.S. sources that is reportable on Schedule NEC, lines 1 through 12; and b. Not all of the U.S. tax that you owe was withheld from that income. 3. You owe any special taxes, including any of the following. a. Alternative minimum tax. b. Additional tax on a qualified plan, including an IRA, or other tax-favored account. (If you’re filing a return only because you owe this tax, you can file Form 5329 by itself.) c. Household employment taxes. (If you’re filing a return only because you owe these taxes, you can file Schedule H (Form 1040) by itself.) d. Social security and Medicare tax on tips you didn’t report to your employer or on wages you received from an employer who didn’t withhold these taxes. e. Recapture of first-time homebuyer credit. See the instructions for Schedule 2, line 10, later. f. Write-in taxes or recapture taxes, including uncollected social security and Medicare or RRTA tax on tips you reported to your employer or on group-term life insurance and additional taxes on health savings accounts (HSAs). See the instructions for Schedule 2, line 13, or Schedule 2, line 17d, later. 4. You received HSA, Archer Medical Savings Account (MSA), or Medicare Advantage MSA distributions. See the instructions for Schedule 2, line 17c Schedule 2, line 17e, , or Schedule 2, line 17f, later. 5. You had net earnings from self-employment of at least $400 and you are a resident of a country with whom the United States has an international social security agreement (often called a totalization agreement). See the instructions for Schedule 2, line 4, later. 6. Advance payments of the premium tax credit were made for you or a dependent who enrolled in coverage through the Marketplace. You or whoever enrolled you should have received Form(s) 1095-A showing the amount of the advance payments. 7. You’re the personal representative for a deceased person who would have had to file Form 1040-NR. A personal representative can be an executor, administrator, or anyone who is in charge of the deceased person's property. 8. You represent an estate or trust that has to file Form 1040-NR. Change the form to reflect the provisions of subchapter J, chapter 1, of the Internal Revenue Code. You may find it helpful to refer to Form 1041 and its instructions when completing the Form 1040-NR. Refer to the Instructions for Form 1040 only as necessary. CAUTION! If you’re filing Form 1040-NR for a foreign trust, you may have to file Form 3520-A, Annual Information Return of Foreign Trust With a U.S. Owner, on or before the 15th day of the 3rd month after the end of the trust’s tax year. For more information, see the Instructions for Form 3520- A. 9. You held a qualified investment in a qualified opportunity fund (QOF) at any time during the year. You must file your return with Form 8997 attached. See Form 8997 for additional reporting requirements. 10. You’re a dual-resident taxpayer and you would like to be treated as a nonresident of the United States for purposes of figuring your income tax liability. You may need to file your return with a Form 8833 attached. See Form 8833 for additional information. * Gross income means all income you received in the form of money, goods, property, and services that isn’t exempt from tax. In most cases, it includes only income from U.S. sources. Gross income includes gains, but not losses, from asset transactions. Gross income from a business means, for example, the amount on Schedule C (Form 1040), line 7; or Schedule F (Form 1040), line 9. But, in figuring gross income, don’t reduce your income by any losses, including any loss on Schedule C (Form 1040), line 7; or Schedule F (Form 1040), line 9. Requirement to reconcile advance student or business apprentice the premium tax credit unless you payments of the premium tax cred- eligible for the benefits of Article 21(2) meet the criteria of one of the it. See Requirement to reconcile of the United States–India Income Tax exceptions under Married taxpayers in advance payments of the premium tax Treaty. See Pub. 974. the Instructions for Form 8962. credit under Filing Requirements in Exception 2. You can’t use Filing a deceased person's return. the Instructions for Form 1040 for advance payments made for your The personal representative must file details. spouse, as a Form 1040-NR filer can’t the return for a deceased person who Exception 1. If you’re filing Form file a joint return. was required to file a return for 2023. A personal representative can be an 1040-NR, you can claim the premium Exception 3. If you’re filing Form executor, administrator, or anyone tax credit for dependents only if you 1040-NR and considered married for who is in charge of the deceased are a U.S. national; a resident of federal tax purposes, you can’t claim person's property. Canada, Mexico, or South Korea; or a Instructions for Form 1040-NR (2023) 7 |
Page 8 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Filing for an estate or trust. If How To Complete Form 1040-NR Note. Payments of gross proceeds you’re filing Form 1040-NR for a Using the Simplified Procedure from the sale of securities or regulated nonresident alien estate or trust, futures contracts are generally exempt change the form to reflect the If you meet all of the conditions listed from backup withholding. If you provisions of subchapter J, chapter 1, earlier for the Simplified Procedure for received such payments and they of the Internal Revenue Code. You the tax year, complete Form 1040-NR were subjected to backup withholding, may find it helpful to refer to Form and Schedules NEC and OI (Form specify the type of payment on line 12 1041 and its instructions for some 1040-NR) as follows. and show the amount in column (d). purposes when completing the Form Page 1 of Form 1040-NR. Enter Lines 13 through 15 of 1040-NR rather than looking to these your name, identifying number Schedule NEC (Form 1040-NR). instructions for details. (defined in Identifying Number, later), Complete these lines as instructed on If you’re filing Form 1040-NR and all address information requested the form. at the top of page 1. If your income Page 2 of Form 1040-NR—Lines CAUTION have to file Form 3520-A, ! for a foreign trust, you may isn’t exempt from tax by treaty, leave 23a through 35e and signature. Annual Information Return of Foreign the rest of page 1 blank. If your Complete these lines as indicated Trust With a U.S. Owner, on or before income is exempt from tax by treaty, below and in the line instructions for the 15th day of the 3rd month after the enter the exempt income on line 1k Form 1040-NR, later. end of the trust’s tax year. For more and leave the rest of page 1 blank. Line 23a. Enter on line 23a the tax information, see the Instructions for Schedule NEC (Form 1040-NR). on income not effectively connected Form 3520-A. Complete the lines on this form as with a U.S. trade or business from indicated below. Simplified Procedure for Schedule NEC, line 15. Claiming Certain Refunds Lines 1a through 12 of Line 24. Enter your total income Schedule NEC (Form 1040-NR). You can use this procedure only if you tax liability on line 24. Enter the amounts of gross income meet all of the following conditions for you received from dividends, dividend Line 25b. Enter the total amount of the tax year. equivalents, interest, royalties, U.S. tax withheld from Form(s) 1099. • You were a nonresident alien. pensions, annuities, and other • You were not engaged in a trade or Line 25g. Enter the total amount income. If any income you received business in the United States at any of U.S. tax withheld on income not was subject to backup withholding or time. effectively connected with a U.S. trade withholding at source, you must • You had no income that was or business from Form(s) 1042-S. include all gross income of that type effectively connected with the conduct that you received. The amount of each Line 33. Add lines 25d, 25e, 25f, of a U.S. trade or business. type of income should be shown in the 25g, 26, and 32. This is the total tax • Your U.S. income tax liability was column under the appropriate U.S. tax you have paid. fully satisfied through withholding of rate, if any, that applies to that type of tax at the source. Lines 34 and 35a. Enter the income in your particular • You’re filing Form 1040-NR solely to difference between line 24 and circumstances. claim a refund of U.S. tax withheld at line 33. This is your total refund. the source under chapter 3 or tax If you’re entitled to a reduced rate withheld under chapter 4 (FATCA). of, or exemption from, withholding on You can have the refund deposited the income pursuant to a tax treaty, into more than one account. See Gains and losses from the the appropriate rate of U.S. tax is the Lines 35a Through 35e—Amount TIP sale or exchange of U.S. real same as the treaty rate. Use column Refunded to You, later, for more property interests are taxed as (d) if the appropriate tax rate is other details. if you’re engaged in a trade or than 30%, 15%, or 10%, including 0%. Line 35e. You may be able to have business in the United States. your refund check mailed to a foreign Example. Dale is a nonresident Example. Alex is a nonresident alien individual. The only U.S. source address that isn’t shown on page 1. alien individual. The only U.S. source income Dale received during the year See Line 35e, later, for more details. income Alex received during the year was as follows. Signature. You must sign and was dividend income from U.S. • 4 dividend payments. date your tax return. See Sign Your stocks. The dividend income was • 12 interest payments. Return, later. reported to Alex on Form(s) 1042-S. All payments were reported to Dale Schedule OI (Form 1040-NR). You On one of the dividend payments, the on Form(s) 1042-S. On one of the must answer all questions. For item L, withholding agent incorrectly withheld dividend payments, the withholding at a rate of 30% (instead of 15%). Alex agent incorrectly withheld at a rate of identify the country, tax treaty article(s) under which you are is eligible to use the simplified 30% (instead of 15%). There were no applying for a refund of tax, the procedure. other withholding discrepancies. Dale number of months in prior years that must report all four dividend you claimed the treaty benefit, and the payments. Dale isn’t required to report amount of exempt income in the any of the interest payments. current year. Also attach Form 8833 if required. 8 Instructions for Form 1040-NR (2023) |
Page 9 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Note. If you’re claiming a reduced U.S. corporation with respect to its Social security or Medicare taxes rate of, or exemption from, tax based stock because the corporation had withheld in error. If you’re a foreign on a tax treaty, you must generally be insufficient earnings and profits to student or exchange visitor on an F-1, a resident for income tax purposes of support dividend treatment, you must J-1, M-1, or Q visa, and social security the particular treaty country within the attach a statement that identifies the or Medicare taxes were withheld on meaning of the treaty and you can’t distributing corporation and provides your wages in error, you may want to have a permanent establishment or the basis for the claim. file Form 843, Claim for Refund and fixed base in the United States. You If you’re claiming an exemption Request for Abatement, to request a can download the complete text of from withholding on a distribution from refund of these taxes. For more most U.S. tax treaties at IRS.gov. Go a mutual fund or real estate information, see Students and to IRS.gov, enter "tax treaties" in the investment trust (REIT) with respect to Exchange Visitors in chapter 8 of Pub. search box at the top of the page, and its stock because the distribution was 519, U.S. Tax Guide for Aliens. click on United States Income Tax designated as long-term capital gain Other reporting requirements. You Treaties - A to Z. Technical or a nondividend distribution, you may also have to file other forms, explanations for many of those must attach a statement that identifies including the following. treaties are also available at that site. the mutual fund or REIT and provides • Form 8833, Treaty-Based Return If you’re claiming an exemption the basis for the claim. Position Disclosure Under Section from tax under chapter 4, you must If you’re claiming an exemption 6114 or 7701(b). qualify for a reduced rate of, or from withholding on a distribution from • Form 8840, Closer Connection exemption from, tax for chapter 3 a U.S. corporation with respect to its Exception Statement for Aliens. purposes unless the payment isn’t an stock because, in your particular • Form 8843, Statement for Exempt amount subject to chapter 3 circumstances, the transaction Individuals and Individuals With a withholding. See Regulations section qualifies as a redemption of stock Medical Condition. 1.1441-2(a). under section 302, you must attach a • Form 8938, Statement of Specified Documentation. You must attach statement that describes the Foreign Financial Assets. acceptable proof of the withholding for transaction and presents the facts which you are claiming a refund. If necessary to establish that the Dual-resident taxpayer holding you’re claiming a refund of backup payment was a complete redemption, specified foreign financial assets. withholding tax based on your status a substantially disproportionate Special reporting requirements for as a nonresident alien, you must redemption, or not essentially Form 8938 apply to dual-resident attach a copy of the Form 1099 that equivalent to a dividend. taxpayers holding specified foreign financial assets and taxed for all or a shows the income and the amount of backup withholding. If you are Items To Note portion of the year as nonresident aliens under Regulations section claiming a refund of U.S. tax withheld Special rules for former U.S. citi- 301.7701(b)-7. For more information, at source under chapter 3 or tax zens and former U.S. long-term see the Instructions for Form 8938, in withheld under chapter 4, you must residents. If you renounced your particular, Special rule for dual attach a copy of the Form 1042-S that U.S. citizenship or terminated your resident taxpayers under Who Must shows the income and the amount of long-term resident status, you may be File. U.S. tax withheld. Attach the forms to subject to special rules. See Special the left margin of page 1. Rules for Former U.S. Citizens and Additional Information Former U.S. Long-Term Residents If you need more information, our free Additional Information (Expatriates), later. publications may help you. Pub. 519 Portfolio interest. If you’re claiming Self-employment tax. You must pay will be the most beneficial, but the a refund of U.S. tax withheld from self-employment tax on your following publications may also help. portfolio interest, include a description self-employment income if an Pub. 501 Dependents, Standard of the relevant debt obligation, international social security Deduction, and Filing Information including the name of the issuer, agreement in effect between your Pub. 525 Taxable and Nontaxable Income CUSIP number (if any), interest rate, country of tax residence and the Pub. 529 Miscellaneous Deductions and the date the debt was issued. United States provides that you are Pub. 597 Information on the United States– covered under the U.S. social security Interest payments on foreign Canada Income Tax Treaty system. Enter the tax on Schedule 2 ! bearer obligations issued on (Form 1040), line 4. See Line 4 under CAUTION or after March 19, 2012, Instructions for Schedule 2, later, for generally aren’t eligible for the These free publications and the additional information. Enter the portfolio interest exception to forms and schedules you will need are deductible part of your withholding. For more information, see available from the IRS. You can self-employment tax on Schedule 1 Interest Income in chapter 3 of Pub. download them at IRS.gov. Also see (Form 1040), line 15. Attach 519 and Reduced Rates of How To Get Tax Help, later, for other Schedule SE (Form 1040). See the Withholding on Interest in Pub. 515. ways to get them (as well as Instructions for Schedule SE (Form information on receiving IRS Withholding on distributions. If 1040) for additional information. assistance in completing the forms). you’re claiming an exemption from withholding on a distribution from a Instructions for Form 1040-NR (2023) 9 |
Page 10 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. You can download the complete resident status may be initiated by (a) (b) (c) (d) text of most U.S. tax treaties at you, the USCIS, or a U.S. consular Year Days of Multiplier Testing IRS.gov. Go to IRS.gov, enter "tax officer. physical days treaties" in the search box at the top of presence (multiply the page, and click on United States Your resident status is considered (b) times Income Tax Treaties - A to Z. to have been taken away from you if (c)) Technical explanations for many of the U.S. Government issues you a 2023 1.000 those treaties are also available at that final administrative or judicial order of 2022 0.333 site. exclusion or deportation. When your resident alien status is considered to 2021 0.167 Resident Alien or have been administratively or judicially Total testing days (add column determined to be abandoned (d)) . . . . . . . . . . . . . . . . Nonresident Alien depends on who initiates the If you’re not a citizen of the United determination. States, specific rules apply to determine if you’re a resident alien or If the USCIS or U.S. consular Generally, you’re treated as present a nonresident alien for federal tax officer initiates this determination, in the United States on any day that purposes. Generally, you’re your resident status will be considered you’re physically present in the considered a resident alien if you to be abandoned when the final country at any time during the day. meet either the green card test or the administrative order of abandonment However, there are exceptions to this substantial presence test for 2023. is issued. If you initiate the rule. In general, don’t count the (These tests are explained in Green determination, your resident status is following as days of presence in the Card Test and Substantial Presence considered to be abandoned when United States for the substantial Test, later.) Even if you don’t meet you file either of the following presence test. either of these tests, you may be able documents—along with your 1. Days you commute to work in to choose to be treated as a U.S. Form I–551 with the USCIS or a U.S. the United States from a residence in resident for part of 2023. See consular officer. Canada or Mexico if you regularly First-Year Choice in chapter 1 of Pub. • USCIS Form I-407 (Record of commute from Canada or Mexico. 519 for details. Abandonment of Lawful Permanent 2. Days you’re in the United States Generally, you’re considered a Resident Status). for less than 24 hours when you’re in nonresident alien for the year if you’re • A letter stating your intent to transit between two places outside the not a U.S. resident under either of abandon your resident status. United States. these tests. However, see 3. Days you were temporarily in Dual-Resident Taxpayer, later, if you’re When filing by mail, you must send a resident of the United States under your filing by certified mail, return the United States as a regular crew these tests but are eligible to claim receipt requested (or the foreign member of a foreign vessel engaged benefits as a resident of a foreign equivalent), and keep a copy and in transportation between the United country under a U.S. income tax proof that it was mailed and received. States and a foreign country or a territory of the United States unless treaty. Until you have proof your letter you otherwise engaged in trade or For more details on resident and ! was received, you remain a business on such day. nonresident status, the tests for CAUTION resident for federal tax 4. Days you intend, but are unable, residence, and the exceptions to purposes even if the USCIS wouldn’t to leave the United States because of them, see chapter 1 of Pub. 519. recognize the validity of your green a medical condition that arose while card because it’s more than 10 years you were in the United States. Green Card Test old or because you’ve been absent You’re a resident for federal tax from the United States for a period of 5. Days you’re in the United States purposes if you were a lawful time. under a NATO visa as a member of a permanent resident (immigrant) of the force or civilian component to NATO. However, this exception doesn’t apply United States at any time during 2023. For more details, see Green Card to an immediate family member who is (Also see Dual-Status Taxpayers, Test in chapter 1 of Pub. 519. Also see present in the United States under a later.) In most cases, you are a lawful USCIS.gov/i-407. permanent resident if the USCIS (or NATO visa. A dependent family its predecessor organization, INS) has Substantial Presence Test member must count every day of issued you a Form I-551, Permanent You are considered a U.S. resident if presence for purposes of the Resident Card, also known as a green you meet the substantial presence substantial presence test. card. test for 2023. You meet this test if you 6. Days you are an exempt were physically present in the United individual (defined next). You continue to have resident States for at least: status under this test unless the status You may need to file Form is taken away from you or is 1. 31 days during 2023; and ! 8843 to exclude days of administratively or judicially 2. 183 testing days during the CAUTION presence in the United States determined to have been abandoned. 3-year period of 2023, 2022, and if you meet (4) or (6) above. For more An administrative or judicial 2021, as calculated using the information on the requirements, see determination of abandonment of following chart. Form 8843 in chapter 1 of Pub. 519. 10 Instructions for Form 1040-NR (2023) |
Page 11 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Exempt individual. For purposes of • Establish that during 2023 you had When and Where Should the substantial presence test, an a tax home in a foreign country, and You File? exempt individual is anyone in one of • Establish that during 2023 you had the following categories. a closer connection to one foreign Individuals. If you were an employee • An individual temporarily present in country in which you had a tax home and received wages subject to U.S. the United States as a foreign than to the United States unless you income tax withholding, file Form government-related individual under had a closer connection to two foreign 1040-NR by the 15th day of the 4th an “A” or “G” visa, other than countries. month after your tax year ends. A individuals holding “A-3” or “G-5” class return for the 2023 calendar year is You aren’t eligible for the closer visas. due by April 15, 2024. If you live in connection exception if you have an • A teacher or trainee who is Maine or Massachusetts, you have application pending for adjustment of temporarily present under a “J” or “Q” until April 17, 2024, because of the status to that of a lawful permanent visa, who substantially complies with Patriots’ Day and Emancipation Day resident or if you have applied, or the requirements of the visa. holidays. have taken steps to apply, for lawful • A student who is temporarily If you file after this date, you may permanent residence. See chapter 1 present under an “F,” “J,” “M,” or “Q” have to pay interest and penalties. of Pub. 519 for more information. visa, who substantially complies with See Interest and Penalties, later. the requirements of the visa. You must file a fully completed If you didn’t receive wages as an • A professional athlete who is Form 8840 with the IRS to claim the employee subject to U.S. income tax temporarily in the United States to closer connection exception. See withholding, file Form 1040-NR by the compete in a charitable sports event. Form 8840 in chapter 1 of Pub. 519. 15th day of the 6th month after your Each spouse must file a separate tax year ends. A return for the 2023 Note. Alien individuals with “Q” visas Form 8840 to claim the closer calendar year is due by June 17, are treated as students, teachers, or connection exception. 2024. trainees and, as such, are exempt Estates and trusts. If you file for a individuals for purposes of the Dual-Resident Taxpayer nonresident alien estate or trust that substantial presence test if they otherwise qualify. “Q” visas are issued You’re a dual-resident taxpayer if has an office in the United States, file to aliens participating in certain you’re a resident of both the United the return by the 15th day of the 4th month after the tax year ends. If you international cultural exchange States and a foreign country under file for a nonresident alien estate or programs. each country's tax laws. If the income trust that does not have an office in See chapter 1 of Pub. 519 for more tax treaty between the United States the United States, file the return by the details regarding exempt individuals and that foreign country contains a 15th day of the 6th month after the tax and days of presence in the United provision for resolving conflicting year ends. States for the substantial presence claims of residence (often referred to test. as “tie-breaker” rules), and you Note. If the due date for filing falls on You can’t be an exempt determine that you’re a resident of the a Saturday, Sunday, or legal holiday, foreign country under that provision, file by the next business day. ! individual indefinitely. you can be treated as a nonresident of CAUTION Generally, you won’t be an exempt individual as a teacher or the United States for purposes of If you were serving in, or in support trainee in 2023 if you were exempt as figuring out your income tax liability if of, the U.S. Armed Forces in a a teacher, trainee, or student for any you file a Form 1040-NR and attach a designated combat zone or part of 2 of the preceding 6 years. You Form 8833, Treaty-Based Return contingency operation, you may be won’t be an exempt individual as a Position Disclosure Under Section able to file later. See Pub. 3 for details. student in 2023 if you were exempt as 6114 or 7701(b). A dual-resident If you e-file your return, there’s no a teacher, trainee, or student for any taxpayer may also be eligible for U.S. need to mail it. However, if you choose part of more than 5 calendar years. competent authority assistance. See to mail it instead, filing instructions However, there are exceptions to Rev. Proc. 2015-40, 2015-35 I.R.B. and addresses are at the end of these these limits. See Substantial 236, available at IRS.gov/irb/ instructions. Presence Test in chapter 1 of Pub. 2015-35_IRB#RP-2015-40 or its Where To File next provides the 519 for more information. successor. You can download the current address for mailing your complete text of most U.S. tax treaties return. Use these addresses for at IRS.gov. Go to IRS.gov, enter “tax Forms 1040-NR filed in 2024. The Closer Connection to Foreign treaties” in the search box at the top of address for returns filed after 2024 Country the page, and click on United States may be different. See IRS.gov/ Income Tax Treaties - A to Z. Form1040NR for any updates. Even though you would otherwise Technical explanations for many of meet the substantial presence test, those treaties are also available at that Where To File you can be treated as a nonresident site. E-file. If you e-file your return, there’s alien if you: no need to mail it. See You can • Were present in the United States electronically file (e-file) your Form for fewer than 183 days during 2023, 1040-NR, earlier, or IRS.gov for more information. However, if you choose to Instructions for Form 1040-NR (2023) 11 |
Page 12 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. mail it, filing instructions and If you make the election to be calendar year of your departure, you addresses are below. treated as a resident alien, your have a closer connection to a foreign worldwide income for the whole year country than to the United States. Individuals. If you aren’t enclosing a must be included on a Form 1040 or payment, mail Form 1040-NR to: • During the next calendar year, you 1040-SR and will be taxed under U.S. aren’t a U.S. resident under either the Department of the Treasury tax laws. You must agree to keep the green card test or the substantial Internal Revenue Service records, books, and other information presence test, defined earlier. Austin, TX 73301-0215 needed to figure the tax. You must file See chapter 1 of Pub. 519 for more U.S.A. a joint return for the year 2023 if 2023 information. is the year in which you made the election. If you made the election in an What and Where To File for a If enclosing a payment, mail Form earlier year, you can file a joint return Dual-Status Year 1040-NR to: or separate return for 2023. You must If you were a U.S. resident on the last Internal Revenue Service include your worldwide income for the day of the tax year, file Form 1040 or P.O. Box 1303 whole year whether you file a joint or 1040-SR. Enter “Dual-Status Return” Charlotte, NC 28201-1303 separate return. See Nonresident across the top and attach a statement U.S.A. Spouse Treated as a Resident in showing your income for the part of chapter 1 of Pub. 519. the year you were a nonresident. You Estates and trusts. If you aren’t You can only make this can use Form 1040-NR as the enclosing a payment, mail Form ! election once. If your election statement; enter “Dual-Status 1040-NR to: CAUTION is later terminated, you aren't Statement” across the top. Don’t sign permitted to make this election in any the Form 1040-NR. If you aren’t Department of the Treasury future taxable year. Also, if you make enclosing a payment, mail your return Internal Revenue Service this election, you may forfeit the right and statement to: Kansas City, MO 64999 to claim benefits otherwise available U.S.A. under a U.S. tax treaty. For more Department of the Treasury information about the benefits that Internal Revenue Service If enclosing a payment, mail Form might otherwise be available, see the Austin, TX 73301-0215 1040-NR to: specific treaty. U.S.A. Internal Revenue Service If enclosing a payment, mail your Dual-Status Taxpayers P.O. Box 1303 return to: Charlotte, NC 28201-1303 If you elect to be taxed as a Internal Revenue Service CAUTION Election To Be Taxed as a U.S.A. ! resident alien (discussed in P.O. Box 1303 What if you can’t file on time? See Resident Alien, earlier), the special Charlotte, NC 28201-1303 What if You Can't File on Time? in the instructions and restrictions discussed U.S.A. Instructions for Form 1040. here don’t apply. If you were a nonresident on the Private Delivery Services Dual-Status Year last day of the tax year, file Form See Private Delivery Services in the A dual-status year is one in which you 1040-NR. Enter “Dual-Status Return” Instructions for Form 1040 for details change status between nonresident across the top and attach a statement on private delivery services. and resident alien. Different U.S. showing your income for the part of income tax rules apply to each status. the year you were a U.S. resident. You can use Form 1040 or 1040-SR as the Election To Be Taxed as a Most dual-status years are the statement; enter “Dual-Status Resident Alien years of arrival or departure. Before Statement” across the top. Don’t sign You can elect to be taxed as a U.S. you arrive in the United States, you’re the Form 1040 or 1040-SR. If you resident for the whole year if all of the a nonresident alien. After you arrive, aren’t enclosing a payment, mail your following apply. you may or may not be a resident, return and statement to: • You were married. depending on the circumstances. • Your spouse was a U.S. citizen or Department of the Treasury resident alien on the last day of the tax If you become a U.S. resident, you Internal Revenue Service year. stay a resident until you leave the Austin, TX 73301-0215 • You file a joint return for the year of United States or are no longer a lawful U.S.A. the election using Form 1040 or permanent resident of the United 1040-SR. States. You may become a If enclosing a payment, mail your nonresident alien when you leave if return to: To make this one-time election, you you meet both of the following must attach the statement described conditions. Internal Revenue Service in Nonresident Spouse Treated as a • After leaving (or after your last day P.O. Box 1303 Resident in chapter 1 of Pub. 519 to of lawful permanent residency if you Charlotte, NC 28201-1303 your return. Don’t use Form 1040-NR. met the green card test, defined U.S.A. earlier) and for the remainder of the 12 Instructions for Form 1040-NR (2023) |
Page 13 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Statements. Any statement you file Tax rates. If you were married and a No deductions are allowed against with your return must show your nonresident of the United States for all this income. name, address, and identifying or part of the tax year and you don’t If you were a resident alien on the number (defined in Identifying make the election discussed earlier to last day of the tax year and you’re Number, later). be taxed as a resident alien, you must filing Form 1040 or 1040-SR, include Former U.S. long-term residents use the Married filing separately the tax on the noneffectively are required to file Form 8854, Initial column in the Tax Table or Section C connected income on Schedule 2 and Annual Expatriation Statement, of the Tax Computation Worksheet in (Form 1040), line 17o. with their dual-status return for the last the Instructions for Form 1040 to If you’re filing Form 1040-NR, enter year of U.S. residency. To determine if figure your tax on income effectively the tax from the Tax Table, Tax you’re a former U.S. long-term connected with a U.S. trade or Computation Worksheet, Form 8615, resident, see Expatriation Tax in business. If you were married, you Schedule D Tax Worksheet, Qualified chapter 4 of Pub. 519. can’t use the Single Tax Table column Dividends and Capital Gain Tax or Section A of the Tax Computation Worksheet, or Schedule J (Form Income Subject to Tax for Worksheet in the Instructions for Form 1040), on Form 1040-NR, line 16; and Dual-Status Year 1040. But see Married Filing the tax on the noneffectively As a dual-status taxpayer not filing a Separately, later, for an exception. connected income on Form 1040-NR, joint return, you’re taxed on income Tax credits. You can’t take the line 23a. Include any net investment from all sources for the part of the year earned income credit, the credit for income tax from Form 8960 for the you were a resident alien. Generally, the elderly or disabled, or any part of the year you were a U.S. you’re taxed on income only from U.S. education credit unless you elect to be resident on Schedule 2 (Form 1040), sources for the part of the year you taxed as a resident alien (see Election line 12. See Form 8960 and its were a nonresident alien. However, all To Be Taxed as a Resident Alien, instructions for more details. income effectively connected with the earlier) instead of a dual-status Credit for taxes paid. You’re allowed conduct of a trade or business in the taxpayer. a credit against your U.S. income tax United States is taxable. See chapter 6 of Pub. 519 for liability for certain taxes you paid, or Income you received as a information on other credits. are considered to have paid, or that dual-status taxpayer from sources were withheld from your income. How To Figure Tax for a outside the United States while a These include the following. resident alien is taxable even if you Dual-Status Year 1. Tax withheld from wages became a nonresident alien after When you figure your U.S. tax for a earned in the United States and taxes receiving it and before the close of the dual-status year, you’re subject to withheld at the source from various tax year. Conversely, income you different rules for the part of the year items of income from U.S. sources received from sources outside the you were a resident and the part of the other than wages. This includes U.S. United States while a nonresident year you were a nonresident. tax withheld on dispositions of U.S. alien isn’t taxable in most cases even All income for the period of real property interests. if you became a resident alien after residence and all income that is • When filing Form 1040 or 1040-SR, receiving it and before the close of the effectively connected with a trade or show the total tax withheld on Form tax year. Income from U.S. sources is business in the United States for the 1040 or 1040-SR, line 25d. Enter generally taxable whether you period of nonresidence, after amounts from the attached statement received it while a nonresident alien or allowable deductions, is combined (Form 1040-NR, lines 25d through a resident alien (unless specifically and taxed at the same rates that apply 25g) in the space to the right of exempt under the Internal Revenue to U.S. citizens and residents. For the line 25d on Form 1040 or 1040-SR, Code or a tax treaty provision). period of residence, allowable and identify and include them in the Restrictions for Dual-Status deductions include all deductions on amount on line 25d on Form 1040 or Schedule A (Form 1040), including Taxpayers 1040-SR. medical expenses, real property • When filing Form 1040-NR, show Standard deduction. You can’t take taxes, and certain interest. the total tax withheld on Form the standard deduction even for the 1040-NR, lines 25d through 25g. part of the year you were a resident Note. Schedule A (Form 1040) isn’t Enter the amount from the attached alien. the same as Schedule A (Form statement (Form 1040 or 1040-SR, 1040-NR). Head of household. You can’t use line 25d) in the space to the right of the Head of household Tax Table See the Instructions for Schedule A line 25d on Form 1040-NR, and column or Section D of the Tax (Form 1040). Those instructions are identify and include it in the amount Computation Worksheet in the not the same as the Instructions for on line 25d on Form 1040-NR. Instructions for Form 1040. Schedule A (Form 1040-NR), which 2. Estimated tax paid with Form appear later in these instructions. 1040-ES or Form 1040-ES (NR). Joint return. You can’t file a joint return unless you elect to be taxed as Income that isn’t effectively 3. Tax paid with Form 1040-C at a resident alien (see Election To Be connected with a trade or business in the time of departure from the United Taxed as a Resident Alien, earlier) the United States for the period of States. When filing Form 1040 or instead of a dual-status taxpayer. nonresidence is generally subject to 1040-SR, include the tax paid with the flat 30% rate or lower treaty rate. Form 1040-C with the total payments Instructions for Form 1040-NR (2023) 13 |
Page 14 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. on line 33 on Form 1040 or 1040-SR. business. This income is taxed at applies to all income from real Identify the payment in the area to the 30% unless a treaty between your property located in the United States left of the entry. country of residence (as defined and held for the production of income under the treaty) and the United and to all income from any interest in How To Report Income on States has set a lower rate that such property. This includes: Form 1040-NR applies to you. Report this income on • Gains from the sale or exchange of Schedule NEC (Form 1040-NR). Pub. such property or an interest in such Community Income 519 describes this income in greater property, but see the TIP below; If either you or your spouse (or both detail. • Gains on the disposal of timber, you and your spouse) was a coal, or iron ore with a retained nonresident alien at any time during Note. Use line 23c on page 2 of Form economic interest; the tax year and you had community 1040-NR to report the 4% tax on U.S. • Rents from real estate; or income during the year, treat the source gross transportation income. • Rents and royalties from mines, oil community income according to the 3. Income exempt from U.S. tax. or gas wells, or other natural applicable community property laws If the income is exempt from tax by resources. except as follows. treaty, complete item L of Schedule OI You don’t need to make an • Earned income of a spouse, other (Form 1040-NR) and line 1k on TIP election to treat your gain from than trade or business income or page 1 of Form 1040-NR. the disposition of a U.S. real partnership distributive share income. property interest as effectively The spouse whose services produced Digital assets. See Digital Assets, the income must report it on that later. connected income. Dispositions of U.S. real property interests are spouse’s separate return. Income from a sharing (or gig) automatically treated as effectively • Trade or business income, other economy activity. If you use one of connected income. See Dispositions than partnership distributive share the many online platforms available to of U.S. Real Property Interests, earlier. income. Treat this income as received provide goods and services, you may by the spouse carrying on the trade or be involved in what is known as the To make the election, attach a business and report it on that sharing (or gig) economy. If you statement to your return for the year of spouse's return. receive income from a sharing (or gig) the election. Include the following • Partnership distributive share economy activity, it’s generally taxable items in your statement. income (or loss). Treat this income (or even if you don’t receive a Form loss) as received by the spouse who 1099-NEC, Nonemployee 1. That you’re making the election. is the partner and report it on that Compensation; Form 1099-MISC, 2. A complete list of all of your real spouse's return. Miscellaneous Information; Form W-2, property, or any interest in real • Income derived from the separate Wage and Tax Statement; or some property, located in the United States property of one spouse that isn’t other income statement. To learn (including location). Give the legal earned income, trade or business more about this income, go to identification of U.S. timber, coal, or income, or partnership distributive IRS.gov/Gig. iron ore in which you have an interest. share income. The spouse with the 3. The extent of your ownership in separate property must report this Dispositions of U.S. Real the real property. income on that spouse’s separate Property Interests 4. A description of any substantial return. Gain or loss on the disposition of a improvements to the property. Use Form 8958, Allocation of Tax U.S. real property interest (see Pub. Amounts Between Certain Individuals 519 for definition) is taxed as if the 5. Your income from the property. in Community Property States, to gain or loss were effectively 6. The dates you owned the figure the portion of the income connected with the conduct of a U.S. property. allocated to you. Attach your trade or business. 7. Whether the election is under completed Form 8958 to your tax Report gains and losses on the section 871(d) or a tax treaty. return. See Pub. 555, Community disposition of U.S. real property 8. Details of any previous Property, for more details. interests on Schedule D (Form 1040) elections and revocations of the real Kinds of Income and Form 1040-NR, line 7. Also, net property election. gains may be subject to the alternative You must divide your income for the minimum tax. See Line 1 under Note. Once made, the section 871 tax year into the following three Instructions for Schedule 2, later. See election will remain in effect until categories. Real Property Gain or Loss in revoked with the consent of the 1. Income effectively connected chapter 4 of Pub. 519 for more Commissioner. A new section 871 with a U.S. trade or business. This information. election may not be made until after income is taxed at the same rates that the 5th year in which the revocation apply to U.S. citizens and residents. Income You Can Elect To Treat occurs. Report this income on page 1 of Form as Effectively Connected With a 1040-NR. Pub. 519 describes this U.S. Trade or Business Foreign Income Taxed by the United States income in greater detail. You can elect to treat some items of 2. U.S. income not effectively income as effectively connected with You may be required to report some connected with a U.S. trade or a U.S. trade or business. The election income from foreign sources on your 14 Instructions for Form 1040-NR (2023) |
Page 15 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. U.S. return if the income is effectively Exception. When you bring your connected with a U.S. trade or Name and Address Form SS-5 to your local SSA office: business. For this foreign income to Individuals • If you’re an F-1 or M-1 student, you be treated as effectively connected must also show your Form I-20; or with a U.S. trade or business, you Enter your name, street address, city must have an office or other fixed or town, and country on the • If you’re a J-1 or J-2 exchange place of business in the United States appropriate lines. Include an visitor, you must also show your Form to which the income can be attributed. apartment number after the street DS-2019. For more information, including a list address, if applicable. IRS Individual Taxpayer of the types of foreign source income Estates and Trusts Identification Numbers (ITINs) that must be treated as effectively See IRS Individual Taxpayer Enter the exact name of the estate or connected with a U.S. trade or Identification Numbers (ITINs) for trust from the Form SS-4, Application business, see chapter 4 of Pub. 519. Aliens in the Instructions for Form Employee Identification Number, you Special Rules for Former U.S. used to apply for the EIN. You must 1040 for details on ITINs. Citizens and Former U.S. include different information for Employer Identification Number Long-Term Residents estates and trusts that are engaged in (EIN) a trade or business in the United (Expatriates) States. If you’re filing Form 1040-NR for an The expatriation tax provisions apply estate or trust, enter the EIN of the to certain U.S. citizens who have lost Not engaged in a trade or busi- estate or trust. If the entity doesn’t their citizenship and long-term ness. Attach a statement to Form have an EIN, you must apply for one. residents who have ended their 1040-NR with your name, title, For details on how to get an EIN, see residency. You’re a former U.S. address, and the names and Form SS-4 and its instructions, which long-term resident if you were a lawful addresses of any U.S. grantors and are available at IRS.gov. Enter "SS-4" permanent resident of the United beneficiaries. in the search box. For more details, States (green card holder) in at least 8 Engaged in a trade or business in see IRS.gov/Businesses/Small- of the last 15 tax years ending with the the United States. Attach a Businesses-Self-Employed/How-To- year your residency ends. statement to Form 1040-NR with your Apply-for-an-EIN. name, title, address, and the names For more information on the and addresses of all beneficiaries. expatriation tax provisions, see Filing Status Expatriation Tax in chapter 4 of Pub. Name Change The amount of your tax depends on 519; the Instructions for Form 8854; See Name Change in the Instructions your filing status. Before you decide and Notice 2009-85 (for expatriation for Form 1040 if your name has which box to check, read the following after June 16, 2008), 2009-45 I.R.B. changed. explanations. 598, available at IRS.gov/irb/ 2009-45_IRB#NOT-2009-85. Address Change Remember to provide your TIP country of residency, or that See Address Change in the you’re a U.S. national, on Instructions for Form 1040 if your Line Instructions for Schedule OI (Form 1040-NR), item A address has changed. Form 1040-NR or B, as applicable. Certain tax P.O. Box benefits, such as the child tax credit For 2023, there are three and the credit for other dependents, See P.O. Box in the Instructions for ! important features of these Form 1040 for information on P.O. are only available to residents of CAUTION line instructions. boxes. Canada and Mexico and to U.S. • You need the 2023 Instructions for nationals, and, to a limited extent, to Form 1040. Throughout these line Foreign Address residents of South Korea and India. instructions, you will be referred to See Foreign Address in the those instructions for guidance. Instructions for Form 1040 if you have U.S. national. A U.S. national is a Exceptions are listed where a foreign address. citizen of the United States, or a applicable. person who, though not a citizen of • Some of the lines on Form 1040-NR Death of a Taxpayer the United States, owes permanent have changed. See 2023 Form See Death of a Taxpayer under allegiance to the United States. U.S. 1040-NR. See also the line General Information in the Instructions nationals include American Samoans instructions for Form 1040-NR later. for Form 1040 if you’re filing a return and Northern Mariana Islanders who • Some of the lines on Schedule 1 for a deceased taxpayer. chose to become U.S. nationals (Form 1040), Schedule 2 (Form instead of U.S. citizens. 1040), and Schedule 3 (Form 1040) Identifying Number Single have changed. See those schedules. Social Security Number (SSN) See Single in the Instructions for Form See also the instructions for those schedules following the line See Social Security Number (SSN) in 1040 for details on the Single filing instructions for Form 1040-NR later. the Instructions for Form 1040 for status. information on SSNs. Instructions for Form 1040-NR (2023) 15 |
Page 16 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Married Filing Separately Foster child. A foster child is any Your Dependent in the Instructions for Your filing status is Married filing child placed with you by an authorized Form 1040 for details on dependents. separately if you’re married, even if placement agency or by judgment, Exception. Only U.S. nationals and you aren’t separated. decree, or other order of any court of residents of Canada and Mexico can competent jurisdiction. Exception. Married persons who live claim a dependent on the same terms apart: Some married nonresident Qualifying Surviving Spouse as U.S. citizens. Residents of South aliens who have a child and who don’t See Qualifying Surviving Spouse in Korea and students or business live with their spouse can file as the Instructions for Form 1040 for apprentices from India who are single. If you meet all five of the details on the Qualifying surviving eligible for the benefits of Article 21(2) following tests and you’re a married spouse filing status. of the United States–India Income Tax resident of Canada or Mexico, you’re a Treaty may claim dependents on the Exception. You can’t check the married U.S. national, you’re a married more limited terms described in "Qualifying surviving spouse" box for resident of South Korea, or you’re a chapter 5 of Pub. 519. No other 2023, unless you also satisfy the two married student or business person filing a Form 1040-NR can criteria below. apprentice eligible for the benefits of claim a qualifying dependent. Article 21(2) of the United States– 1. For 2023, you were a resident of India Income Tax Treaty, check the Canada, Mexico, or South Korea, or box for the Single filing status at the were a U.S. national; or you were a Rounding Off to Whole top of page 1 of Form 1040-NR. On student or business apprentice from Dollars Schedule OI, enter your country of India eligible for the benefits of Article See Rounding Off to Whole Dollars in residency (item B) or, if applicable, 21(2) of the United States–India the Instructions for Form 1040. that you’re a U.S. national (item A). Income Tax Treaty. 1. You lived apart from your 2. You were a resident alien or Income Effectively spouse for the last 6 months of 2023. U.S. citizen the year your spouse died. Temporary absences for special This refers to your actual status, not Connected With U.S. Trade circumstances, such as for business, the election that some nonresident or Business medical care, school, or military aliens can make to be taxed as U.S. The instructions for this section service, count as time lived in the residents. assume you’ve decided that the income involved is effectively home. Estate connected with a U.S. trade or 2. You file a separate return from Your filing status is “Estate” if you are business in which you were engaged. your spouse. a personal representative filing a tax The tax status of income also 3. You paid over half the cost of return on behalf of a deceased depends on its source. Under some keeping up your home for 2023. individual who would have had to file a circumstances, items of income from 4. Your home was the main home Form 1040-NR. For more information, foreign sources are treated as of your child, stepchild, or foster child see Pub. 559, Survivors, Executors, effectively connected with a U.S. trade for more than half of 2023. Temporary and Administrators. or business. Other items are reportable as effectively connected or absences by you or the child for Trust special circumstances, such as not effectively connected with a U.S. school, vacation, business, or medical Your filing status is “Trust” if you’re trade or business, depending on how care, count as time the child lived in filing a tax return on behalf of a foreign you elect to treat them. See chapter 4 the home. If the child was born or died trust that must pay U.S. tax on certain of Pub. 519. in 2023, you can still file as single as U.S.-sourced income or income long as the home was that child's effectively connected to a U.S. trade Line 1a—Total Amount From main home for more than half of the or business. For more information, Form(s) W-2, Box 1 part of the year the child was alive in see Pub. 519, U.S. Tax Guide for See Line 1a—Total Amount From 2023. Aliens. Form(s) W-2, Box 1, in the Instructions for Form 1040 for the 5. You could have claimed the Digital Assets types of income includible on line 1a child as a dependent or could claim See Digital Assets in the Instructions of Form 1040-NR. the child except that the child's other for Form 1040 for details on digital parent claims the child as a Exception. Enter on line 1a of Form assets. dependent under the rules for children 1040-NR only the wages, salaries, of divorced or separated parents. See Note. If you disposed of any digital tips, and other compensation reported Form 8332, Release/Revocation of assets by gift, also see U.S. federal in box 1 of Form(s) W-2 effectively Release of Claim to Exemption for estate and gift tax in the Reminders of connected with a U.S. trade or Child by Custodial Parent. Publication 519. business. Only U.S. source income is included on line 1a as effectively Adopted child. An adopted child connected wages. Don’t include any is always treated as your own child. Dependents income on line 1a of Form 1040-NR An adopted child includes a child See Dependents, Qualifying Child for that isn’t treated as effectively lawfully placed with you for legal Child Tax Credit, and Credit for Other connected to a U.S. trade or business adoption. Dependents under Who Qualifies as 16 Instructions for Form 1040-NR (2023) |
Page 17 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. even if it is listed in Line 1a of the employer to claim an exemption from are sourced on a geographic basis. Instructions for Form 1040. withholding for the portion of Jean’s The source of the fringe benefit wages that is exempt under the treaty. compensation is generally your If you received scholarship or Jean received a Form 1042-S from principal place of work. The amount of TIP fellowship grants that weren’t Jean’s employer showing the $5,000 the fringe benefit compensation must reported to you on Form W-2, exempt amount and a Form W-2 be reasonable and you must keep you will now report these amounts on showing $3,000 of wages in box 1. On records that are adequate to support Schedule 1, line 8r. See the Jean’s 2023 Form 1040-NR, Jean the fringe benefit compensation. instructions for Schedule 1, line 8r, should report $3,000 on line 1a, later. You may be able to use an include $5,000 on line 1k, and TIP alternative method to complete item L on Schedule OI determine the source of your Amounts Exempt Under a Treaty (Form 1040-NR). Jean should attach compensation and/or fringe benefits if both the Form W-2 and the Form the alternative method more properly Wages, salaries, tips, and other 1042-S to Jean’s return. determines the source of the compensation that you claim are Example 2. The facts are the compensation. exempt from U.S. tax under an income same as above except that Jean didn’t tax treaty should not be reported on realize Jean was eligible for a $5,000 For 2023, if your total line 1a. Instead, include these exemption when Jean began work compensation (including fringe amounts on line 1k and complete item and didn’t submit a Form 8233 to benefits) is $250,000 or more and you L of Schedule OI (Form 1040-NR). Jean’s employer claiming the allocate your compensation using an Generally, if you submitted a properly exemption amount. All of Jean's alternative method, check the “Yes” completed Form 8233, Exemption wages from the internship were boxes in item K of Schedule OI (Form From Withholding on Compensation withheld upon and reported in box 1 1040-NR). Also attach to Form for Independent (and Certain on Jean’s Form W-2. On Jean’s Form 1040-NR a statement that contains Dependent) Personal Services of a 1040-NR, Jean should report $3,000 the following information. Nonresident Alien Individual, to claim on line 1a, include $5,000 on line 1k, 1. The specific compensation or an exemption from withholding based and complete item L on Schedule OI the specific fringe benefit for which an on a treaty, your employer wouldn’t (Form 1040-NR). Jean should attach alternative method is used. have withheld tax on the exempt the Form W-2 to Jean’s Form amount and would’ve reported the 1040-NR. Jean should also attach a 2. For each such item, the exempt amount on a Form 1042-S statement to Jean’s Form 1040-NR alternative method used to allocate and not in box 1 of Form W-2. containing all information that would the source of the compensation. However, if you didn’t submit a Form have otherwise been required on a 3. For each such item, a 8233 to your employer or if you Form 8233 to justify the exemption computation showing how the submitted a Form 8233 to your claimed. alternative allocation was computed. employer but your employer withheld tax on the exempt amount because it 4. A comparison of the dollar Services Performed Partly Within couldn’t readily determine your amount of the compensation sourced eligibility for the exemption, you can and Partly Outside the United within and outside the United States claim the exemption on Form States under both the alternative method and 1040-NR by reducing your line 1a the time or geographical method for wages by the exempt amount. You will If you performed services as an determining the source. need to complete item L on employee both inside and outside the You must keep documentation Schedule OI (Form 1040-NR) and United States, you must allocate your showing why the alternative method attach a statement to your return compensation between U.S. and more properly determines the source containing all information that would non-U.S. sources. of the compensation. have otherwise been required on a Form 8233 to explain your eligibility for Compensation (other than certain the exemption. See the examples fringe benefits) is generally sourced Missing or Incorrect Form W-2? next. on a time basis. To figure your U.S. source income, divide the number of See Missing or Incorrect Form W-2? Example 1. Jean is a citizen of days you performed labor or personal in the Instructions for Form 1040 if France who came to the United States services within the United States by you’re missing a Form W-2 or have an on an F-1 visa in 2022 for the primary the total number of days you incorrect Form W-2. purpose of studying at an accredited performed labor or personal services Line 1b—Household Employee university. In 2023, Jean completed a within and outside the United States. Wages Not Reported on paid summer internship with a U.S. Multiply the result by your total Form(s) W-2 company. Jean earned $8,000 from compensation (other than certain this internship. Under Article 21 fringe benefits). See Line 1b—Household Employee (Students and Trainees) of the income Wages Not Reported on Form(s) W-2 in the Instructions for Form 1040 for tax treaty with France, Jean can Fringe Benefits exempt up to $5,000 of personal details on household employee wages services income from U.S. tax. Jean Certain fringe benefits (such as not reported on Form(s) W-2. submitted a valid Form 8233 to Jean’s housing and educational expenses) Instructions for Form 1040-NR (2023) 17 |
Page 18 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 1c—Tip Income Not Line 2a—Tax-Exempt Interest companies) that is exempt from tax Reported on Line 1a See Line 2a—Tax-Exempt Interest in under a tax treaty or under section See Line 1c—Tip Income Not the Instructions for Form 1040 for 871(i) because the interest isn’t Reported on Line 1a in the details on tax-exempt interest. effectively connected with a U.S. trade or business. Instructions for Form 1040 for details Exception 1. The interest won’t be on tip income not reported on line 1a. includible on line 2a of Form 1040-NR Line 3a—Qualified Dividends Line 1d—Medicaid Waiver unless it’s effectively connected with a See Line 3a—Qualified Dividends in Payments Not Reported on trade or business. If the interest wasn’t the Instructions for Form 1040 for effectively connected with a U.S. trade details on qualified dividends. Form(s) W-2, Box 1 or business and was U.S. source, see Exception. Only report qualified See Line 1d—Medicaid Waiver Schedule NEC (Form 1040-NR), dividends effectively connected with a Payments Not Reported on Form(s) line 2a, 2b, or 2c, later. W-2, Box 1 in the Instructions for Form trade or business on Form 1040-NR, 1040 for details on certain Medicaid Exception 2. Do not include interest line 3a. If the qualified dividends waiver payments. from a U.S. bank, savings and loan weren’t effectively connected with a association, credit union, or similar U.S. trade or business and were U.S. Line 1e—Taxable Dependent institution (or from certain deposits source, report them on Schedule NEC Care Benefits From Form 2441, with U.S. insurance companies) that is (Form 1040-NR), line 1a, 1b, or 1c. Line 26 exempt from tax under a tax treaty or under section 871(i) because the Line 3b—Ordinary Dividends See Line 1e—Taxable Dependent See Line 3b—Ordinary Dividends in interest isn’t effectively connected Care Benefits From Form 2441, the Instructions for Form 1040 for with a U.S. trade or business. See the Line 26, in the Instructions for Form details on ordinary dividends. instructions under Line 2b—Taxable 1040 for details on taxable dependent Interest Exception 2, , later. care benefits from Form 2441, line 26. Exception. Only report ordinary Line 2b—Taxable Interest dividends effectively connected with a Line 1f—Employer-Provided trade or business on Form 1040-NR, Adoption Benefits From Form See Line 2b—Taxable Interest in the line 3b. If the ordinary dividends Instructions for Form 1040. 8839, Line 29 weren’t effectively connected with a See Line 1f—Employer-Provided Exception 1. Report on line 2b only U.S. trade or business and are U.S. Adoption Benefits From Form 8839, your taxable interest income from source, report them on Schedule NEC Line 29, in the Instructions for Form assets effectively connected with a (Form 1040-NR), line 1a, 1b, or 1c. 1040 for details on employer-provided U.S. trade or business. Lines 4a and 4b—IRA adoption benefits from Form 8839, Exception 2. If you received interest Distributions line 29. not effectively connected with a U.S. See Lines 4a and 4b—IRA trade or business, report it on Line 1g—Wages From Form Distributions in the Instructions for Schedule NEC (Form 1040-NR) Form 1040 for details on IRA 8919, Line 6 unless it’s tax exempt under a treaty distributions. Enter the total of your wages from and the withholding agent didn’t Form 8919, line 6. withhold tax on the payment. If the Lines 5a and 5b—Pensions and Line 1h—Other Earned Income interest is tax exempt under a treaty, Annuities include the tax-exempt amount on See Lines 5a and 5b—Pensions and See Line 1h—Other Earned Income in line 1k and complete item L of Annuities in the Instructions for Form the Instructions for Form 1040 for Schedule OI (Form 1040-NR). If the 1040 for details on pensions and details on other earned income. interest is tax exempt under a treaty annuities. Line 1k—Treaty-Exempt Income but the withholding agent withheld tax, Report on line 1k the total of all your report the interest on Schedule NEC Exception 1. Only report pensions income that is exempt from tax by an (Form 1040-NR), line 2. Use column d and annuities effectively connected income tax treaty, including both and show 0% for the appropriate rate with a U.S. trade or business on Form effectively connected income and not of tax. You can download the 1040-NR, lines 5a and 5b. If the effectively connected income. Do not complete text of most U.S. tax treaties pensions and annuities weren’t include this exempt income on any at IRS.gov. Go to IRS.gov, enter "tax effectively connected with a U.S. trade other line of Form 1040-NR. You must treaties" in the search box at the top of or business and were U.S. source, also complete item L of Schedule OI the page, and click on United States report them on Schedule NEC (Form (Form 1040-NR) to report income that Income Tax Treaties - A to Z. 1040-NR), line 7. is exempt from U.S. tax. Technical explanations for many of Exception 2. In addition to entering those treaties are also available at that pension and annuity amounts from Attach any Form 1042-S you site. box 1 of Form 1099-R, you may also received for treaty-exempt income. If enter pension and annuity amounts Exception 3. Don’t include on line 2b required, attach Form 8833. See from box 2 of Form 1042-S. interest from a U.S. bank, savings and Treaty-based return position loan association, credit union, or disclosure, later. Exception 3. Attach Form 1042-S or similar institution (or from certain 1099-R to Form 1040-NR if any deposits with U.S. insurance federal income tax was withheld. 18 Instructions for Form 1040-NR (2023) |
Page 19 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Effectively Connected Pension with the total of payments from box 1 you are directed to enter it on Form Distributions of Form(s) 1099-R. 1040 or 1040-SR. If you performed services in the Partially Taxable Pensions and Lump-Sum Distributions United States, your income is Annuities generally effectively connected with a See Lump-Sum Distributions under U.S. trade or business. (See section See Partially Taxable Pensions and Lines 5a and 5b in the Instructions for 864 for details and exceptions.) Annuities under Lines 5a and 5b in the Form 1040 for details on lump-sum Instructions for Form 1040 for details. distributions. If you worked in the United States Line 6—Reserved for Future after December 31, 1986, the part of Exception 1. On line 5a, include the each pension distribution that is total pension or annuity payments Use attributable to the services you from box 2 of Form(s) 1042-S, if any, Leave line 6 blank. performed after 1986 is income that is with the total of payments from box 1 effectively connected with a U.S. trade of Form(s) 1099-R. If your Form Line 7—Capital Gain or (Loss) or business. 1042-S or Form 1099-R does not See Line 7—Capital Gain or (Loss) in show the taxable amount, you must the Instructions for Form 1040 for Example. You worked in the figure the taxable amount and include details on capital gain or loss. United States from January 1, 1980, that amount on line 5b. If your annuity Exception. Only report effectively through December 31, 1989 (10 is paid under a qualified plan and your connected capital gains or losses years). You now receive monthly annuity starting date was after July 1, connected with a trade or business on pension payments from your former 1986, see Simplified Method, later. U.S. employer's pension plan. 70% of Form 1040-NR, line 7. If the capital each payment is attributable to Exception 2. If your annuity is paid gains or losses weren’t effectively services you performed during 1980 under a nonqualified plan or paid connected with a U.S. trade or through 1986 (7 years) and 30% of under a qualified plan and your business and were U.S. source, report each payment is attributable to annuity starting date was before July them on Schedule NEC (Form services you performed during 1987 2, 1986, you must generally use the 1040-NR), line 16. through 1989 (3 years). Include 30% General Rule. If you’re required to use of each pension payment in the total the General Rule, you can ask the IRS Line 12–Itemized Deductions or amount that you report on line 5a. to figure the taxable part for a $1,000 Standard Deduction Include 70% of each payment in the fee. For more information about the Enter the total itemized deductions, if total amount that you report in the General Rule, see Pub. 939. any, from line 8 of Schedule A (Form appropriate column on Schedule NEC If your Form 1099-R shows a 1040-NR). See the instructions for (Form 1040-NR), line 7. taxable amount, you can include that Schedule A, line 8, later, for more In most cases, the effectively amount on line 5b. But you may be details. connected pension distribution will be able to report a lower taxable amount Standard deduction for certain res- fully taxable in the United States, so by using the General Rule or the idents of India. Students or you must include it on line 5b. Simplified Method. If you received business apprentices may be able to However, in some situations, you can Form 1042-S, you must figure the take the standard deduction on Form report a lower amount on line 5b. The taxable part by using the General Rule 1040-NR, line 12, instead of their most common situations are where: or the Simplified Method. itemized deductions if they are eligible • All or a part of your pension for benefits under Article 21(2) of the payment is exempt from U.S. tax, Simplified Method United States–India Income Tax • A part of your pension payment is Treaty. They will enter, on Form attributable to after-tax contributions See Simplified Method under Lines 5a 1040-NR, line 12, the standard to the pension plan, or and 5b in the Instructions for Form deduction amount found for their filing • The payment is rolled over to 1040 for details on the Simplified status on Form 1040 or 1040-SR. See another retirement plan. Method. chapter 5 of Pub. 519 for details. Also see Standard Deduction under See chapter 2 of Pub. 519; Pub. 575, Pension and Annuity Income; or Simplified Method Line 12—Itemized Deductions or Pub. 939, General Rule for Pensions Worksheet—Lines 5a and 5b Standard Deduction in the Instructions for Form 1040. If they must use the and Annuities, for more information. See the Simplified Method Standard Deduction Worksheet for Fully Taxable Pensions and Worksheet—Lines 5a and 5b in the Dependents—Line 12 in the Annuities Instructions for Form 1040. Instructions for Form 1040, they should enter the amount on the same Exception 1. On each line on which line of Form 1040-NR as they are See Fully Taxable Pensions and a Form 1099-R (or a Form 1099-R, directed to enter it on Form 1040 or Annuities under Lines 5a and 5b in the box 1) total is entered, also include 1040-SR. Instructions for Form 1040 for details. the totals from your Forms 1042-S (or Exception. On line 5b, include the Forms 1042-S, box 2). total pension or annuity payments Exception 2. Enter the amount on from box 2 of Form(s) 1042-S, if any, the same line of Form 1040-NR as Instructions for Form 1040-NR (2023) 19 |
Page 20 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Lines 13a, 13b, and 13c Exception 3. Do not use the Foreign Schedule J (Form 1040) Line 13a—Qualified Business Earned Income Tax Worksheet. You Income Deduction (Section 199A aren’t eligible for the foreign earned See Schedule J under Line 16—Tax in income exclusion, housing exclusion, the Instructions for Form 1040. Deduction) or housing deduction on Form 2555. Foreign Earned Income Tax See Line 13—Qualified Business Exception 4. The IRS won’t figure Worksheet—Line 16 Income Deduction (Section 199A the tax for you. Don’t use the Foreign Earned Income Deduction) in the Instructions for Form Tax Worksheet—Line 16 section 1040 for details on the qualified Form 8615 under Line 16 in the Instructions for business income deduction. Form 1040. That worksheet is for Exception. You must have income See Form 8615 under Line 16—Tax in persons filing Form 2555. Form 2555 effectively connected with a U.S. trade the Instructions for Form 1040 for isn’t filed by persons filing Form or business. details on Form 8615. 1040-NR. Exception. The child must have Line 19—Child Tax Credit and Line 13b—Deduction for more than $2,500 of unearned income Exemptions for Estates and Trusts that is effectively connected with a Credit for Other Dependents Only U.S. trade or business. See Line 19—Child Tax Credit and Credit for Other Dependents in the Note. The Form 8615 must be filed A trust or estate can claim an Instructions for Form 1040 for details for a child even if the child is a exemption only to the extent of its on the child tax credit and the credit nonresident alien. income that is effectively connected for other dependents. Also, see the with a U.S. trade or business. Instructions for Schedule 8812 (Form Schedule D Tax Worksheet 1040). You can't claim an exemption Exception. To claim the child tax ! deduction in 2023 if you’re an See Schedule D Tax Worksheet under credit or the credit for other CAUTION individual. Line 16—Tax in the Instructions for dependents on Form 1040-NR in full, Form 1040 for details on the you must be a U.S. national or a Estates. Enter $600 on line 13b. worksheet. resident of Canada or Mexico. Trusts. If you’re filing for a trust Residents of South Korea and India whose governing instrument requires Qualified Dividends and Capital can claim the credits on Form it to distribute all of its income Gain Tax Worksheet 1040-NR to the extent described in currently, enter $300 on line 13b. chapter 5 of Pub. 519. No other If you’re filing for a qualified See Qualified Dividends and Capital persons filing Form 1040-NR can disability trust (defined in section Gain Tax Worksheet under claim the child tax credit or the credit 642(b)(2)(C)(ii)), enter $4,700 on Line 16—Tax in the Instructions for for other dependents. line 13b. Form 1040 for details on the worksheet. Lines 23a Through 23d—Other If you’re filing for any other trust, enter $100 on line 13b. Exception 1. When applying the Taxes discussion, including the Qualified Line 23c—Transportation Tax Line 16—Tax Dividends and Capital Gain Tax See Line 16—Tax in the Instructions Worksheet, to Form 1040-NR, you will Nonresident alien individuals are for Form 1040 for details on taxes use the same lines of Form 1040-NR subject to a 4% tax on U.S. source includible on this line, and for whether that are used for Form 1040 or gross transportation income that isn’t you must use the Tax Table or the Tax 1040-SR. effectively connected with a U.S. trade Computation Worksheet in those or business. However, the term “U.S. Exception 2. The Form 2555 and its instructions to figure your tax. source gross transportation income” Foreign Earned Income Tax Exception 1. If you’re filing for an Worksheet discussions, including doesn’t include any such income that estate or trust, use Tax Rate those in the Qualified Dividends and is taxable in a territory of the United Schedule W, later, to figure the tax. Capital Gain Tax Worksheet, don’t States under the provisions of the Exception 2. Do not include on apply to you. That form isn’t filed by Internal Revenue Code as applied to line 16 any of the following that are persons filing Form 1040-NR. that territory. listed in those instructions. They do Exception 3. Estates and trusts, For purposes of this tax, not apply to persons filing Form when completing the Qualified transportation income will be treated 1040-NR. Dividends and Capital Gain Tax as not effectively connected with the • Tax due to making a section 962 Worksheet, must use Tax Rate conduct of a trade or business in the election. Schedule W, later, instead of the Tax United States unless: • Recapture of an education credit Table or the Tax Computation from Form 8863. Worksheet in the Instructions for Form 1. You had a fixed place of • Tax from Form 8621. 1040. business in the United States involved • Any amounts due to section 965. in the earning of transportation income, and 20 Instructions for Form 1040-NR (2023) |
Page 21 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 2. At least 90% of your U.S. Line 25e—Form(s) 8805 Line 27—Reserved for Future source gross transportation income Use was attributable to regularly Enter on line 25e any tax withheld by a Leave line 27 blank. Don’t follow the scheduled transportation. Or, in the partnership and shown on Form(s) instructions in Line 27—Earned case of income from the leasing of a 8805. Attach a copy of all Form(s) Income Credit (EIC) in the Instructions vessel or aircraft, it was attributable to 8805 to the back of your return. for Form 1040. The earned income a fixed place of business in the United credit (EIC) can’t be claimed by States. See chapter 4 of Pub. 519 for Line 25f—Form(s) 8288-A persons filing Form 1040-NR. rules, definitions, and exceptions. Enter on line 25f any tax withheld Line 28—Additional Child Tax You may be exempt from this tax under section 1445 (related to Credit because of a treaty or an exchange of dispositions of U.S. real property See Line 28—Additional Child Tax notes between the United States and interests) or under section 1446(f)(1) Credit in the Instructions for Form the country of which you’re a resident. (related to dispositions of interests in 1040 for details on the additional child If the country of which you’re a partnerships engaged in the conduct tax credit. resident doesn’t impose tax on the of a trade or business in the United shipping or aircraft income of U.S. States) and shown on Form(s) Exception. To claim the additional persons, you may also be exempt 8288-A. Attach a copy of all Form(s) child tax credit in full, you must be a from this tax. If you’re exempt from the 8288-A to the front of your return. U.S. national or a resident of Canada tax by treaty or exchange of notes, or Mexico. Residents of South Korea complete Form 8833 and attach it to Line 25g—Form(s) 1042-S and India can claim the credits to the this return. Also, complete item L of extent described in Pub. 519. No other Schedule OI (Form 1040-NR) and Enter on line 25g the total amount persons filing Form 1040-NR can include the amount on line 1k of Form shown as federal income tax withheld claim the additional child tax credit 1040-NR. If you’re exempt from the under chapter 3 or 4 on your Form(s) even if they otherwise meet the criteria tax for any other reason, you must 1042-S. The withholding credit should for taking those credits. attach a statement to Form 1040-NR be shown in box 10 of your Form(s) Line 29—Credit for Amount identifying your country of residence 1042-S. Attach Form(s) 1042-S to the and the law and provisions under front of your return. Paid With Form 1040-C Enter any amount you paid with Form which you claim exemption from the Be sure to attach to the front 1040-C for 2023. Don’t follow the tax. TIP of your return a copy of all instructions in Line 29—American Form(s) W-2, 1042-S, Opportunity Credit, in the Instructions If you owe this tax, you must attach SSA-1042S, RRB-1042S, and for Form 1040. The American a statement to your return that 8288-A. Attach to the front of your opportunity credit can’t be claimed by includes the information described in return Form(s) 1099-R if tax was persons filing Form 1040-NR. chapter 4 of Pub. 519. withheld. Be sure to attach to the back of your return Form(s) 8805. A foreign Payments trust or estate must also attach to the Refund back of Form 1040-NR copies of the Line 25—Federal Income Tax Form(s) 8805 it must furnish to its Line 34—Amount Overpaid Withheld beneficiaries with the Schedule(s) T See Line 34—Amount Overpaid in the completed. Instructions for Form 1040 for details Line 25a—Form(s) W-2 on the amount overpaid. Refunds of taxes shown on Exception. The Injured Spouse See Line 25a—Form(s) W-2 in the ! Forms 8805, 8288-A, or discussion doesn’t apply to you. A Instructions for Form 1040 for details. CAUTION 1042-S may be delayed for up person filing Form 1040-NR can’t file a to 6 months. See Refund Information, joint return. Line 25b—Form(s) 1099 later. Lines 35a Through See Line 25b—Form(s) 1099 in the Line 26—2023 Estimated Tax 35e—Amount Refunded to You Instructions for Form 1040 for details. Payments See Lines 35a Through 35d—Amount See Line 26—2023 Estimated Tax Refunded to You in the Instructions for Line 25c—Other Forms Payments in the Instructions for Form Form 1040 for details on what to 1040 for details on 2023 estimated tax report on lines 35a through 35d. See Line 25c—Other Forms in the payments. Exception 1. If you’re having your Instructions for Form 1040 for details. refund (or part of it) directly deposited Exception. Substitute "ITIN or SSN" Exception. Don’t include tax withheld every place SSN is mentioned. For to a traditional IRA, Roth IRA, or on Form 8805, Form 8288-A, and the discussion in this section, you can SEP-IRA, you must establish the IRA 1042-S on Form 1040-NR, line 25c. use an ITIN as well as an SSN. at a U.S. bank or other financial The taxes withheld on those forms are institution in the United States before reported on Form 1040-NR, lines 25e, you request direct deposit. 25f, and 25g, respectively. Instructions for Form 1040-NR (2023) 21 |
Page 22 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Exception 2. If you request a refund money order must be drawn on a U.S. during the 60 days before the return of tax withheld on a Form 1042-S, financial institution. Write “2023 Form was due. Form 8805, or Form 8288-A, we may 1040-NR” and your name, address, • Other reasons approved by the IRS, need additional time to process the daytime phone number, and social which you explain in writing to: refund. Allow up to 6 months for these security number (SSN) on your refunds to be issued. payment and attach Form 1040-V. Department of the Treasury Internal Revenue Service Line 38—Estimated Tax Penalty Austin, TX 73301-0215 Line 35e See Line 38—Estimated Tax Penalty U.S.A. in the Instructions for Form 1040 for If you want your refund mailed outside Exception 2. The discussion of joint details on the estimated tax penalty. the United States to an address not returns doesn’t apply to you. A person listed on page 1 of Form 1040-NR, Exception. When computing the tax filing Form 1040-NR can’t file a joint enter that address on line 35e. See shown on your return for the current return. Foreign Address, earlier, for and prior year, use the same lines on information on entering a foreign Form 1040-NR as are referred to for Identity Protection PIN address. Form 1040 or 1040-SR, except: See Identity Protection PIN in the • Substitute “lines 25d through 25g” Instructions for Form 1040 for details Note. If the address on page 1 of for “line 25d” throughout, and on Identity Protection Personal Form 1040-NR isn’t in the United • Ignore the reference to line 27 on Identification Numbers (IP PINs). States, you can enter an address in the Form 1040. the United States on line 35e. Phone Number and Email However, if the address on page 1 of Note. Line 29 on the Form 1040-NR Form 1040-NR is in the United States, is still applicable for your tax Address the IRS can’t mail a refund to a computation. See Phone Number and Email Address under Identity Protection PIN different address in the United States. Figuring the penalty. See Figuring in the Instructions for Form 1040 for Line 36—Applied to Your 2024 the Penalty under Line 38—Estimated details on phone numbers and email Estimated Tax Tax Penalty in the Instructions for addresses. Form 1040 for details on the See Line 36—Applied to Your 2024 estimated tax penalty. Paid Preparer Must Sign Estimated Tax in the Instructions for Form 1040 for details. Your Return Third Party Designee See Paid Preparer Must Sign Your See Third Party Designee in the Return in the Instructions for Form Amount You Owe Instructions for Form 1040 for details 1040 for details on paid preparers. See Amount You Owe in the on the third party designee. Instructions for Form 1040 for details. Exception. The phone number you Line 37—Amount You Owe enter for the designee must be a U.S. Assemble Your Return phone number. See Assemble Your Return in the See Line 37—Amount You Owe in the Instructions for Form 1040 for details Instructions for Form 1040 for details on assembling your return. on what to report on Form 1040-NR, Sign Your Return Exception. Attach a copy of Forms line 37, and payment options. See Sign Your Return in the W-2, 1042-S, SSA-1042S, Instructions for Form 1040 for details RRB-1042S, 2439, and 8288-A to the Note. You will include any applicable on signing your return. Substitute front of Form 1040-NR. If you received estimated tax penalty you figured in “Form 1040-NR” for “Form 1040 or a Form W-2c (a corrected Form W-2), the amount on line 37. See 1040-SR”in this section, unless attach a copy of your original Forms Line 38—Estimated Tax Penalty, later. Exception 1 or Exception 2 applies. W-2 and any Forms W-2c. Also attach Exception 1. If you want to pay Exception 1. You can have an agent Form(s) 1099-R to the front of Form electronically but don’t have a U.S. in the United States prepare and sign 1040-NR if tax was withheld. Attach bank account, go to IRS.gov/ your return if you couldn’t do so for Form 8805 to the back of your return. Individuals/International-Taxpayers/ one of the following reasons. Enclose, but don’t attach, any • Foreign-Electronic-Payments for more You were ill or injured. payment. information. You weren’t in the United States • Exception 2. If you’re paying by (including Puerto Rico) at any time check or money order, the check or 22 Instructions for Form 1040-NR (2023) |
Page 23 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Exception 2. If you’re filing for an Exception 1. If you must use the tax 2023 Tax Table estate or trust, you must use Tax Rate computation worksheets based on the See the 2023 Tax Table in the Schedule W, later, to figure your tax. line 16 instructions, use the Section A Instructions for Form 1040 to worksheet for Single, the Section B determine your tax. For an example of Exception 3. Because you can’t file a worksheet for Qualifying surviving how to locate your tax for the Form joint return, use the 2023 Form spouse, or the Section C worksheet 1040-NR, see the 2023 Form 1040-NR Sample Table below instead for Married filing separately, as 1040-NR Sample Table below. of the one under the 2023 Tax Table in applicable, and enter the amount on the Instructions for Form 1040. Exception 1. Because you’re filing Form 1040-NR, line 16. Form 1040-NR, you have only three 2023 Tax Computation Exception 2. As noted earlier, if filing statuses: Single, Married filing you’re filing for an estate or trust, you separately, or Qualifying surviving Worksheet—Line 16 must use Tax Rate Schedule W, later, spouse. Don’t use the amounts in the See the 2023 Tax Computation to figure your tax. column for Head of a household. Use Worksheet—Line 16 in the the amounts in the Married filing Instructions for Form 1040. jointly column only if you’re a Qualifying surviving spouse. 2023 Form 1040-NR Sample Table Example. Shannon’s filing status is Married filing separately. Shannon’s Sample Table taxable income on Form 1040-NR, line 15, is $25,300. First, Shannon finds the $25,300–25,350 taxable income line. Next, Shannon finds the At But Single Married Married Head Least Less ling ling of a column for Married filing separately and reads down the column. The Than jointly* sepa- house- amount shown where the taxable income line and filing status column rately hold meet is $2,819. This is the tax amount Shannon should enter in the entry Your tax is— space on Form 1040-NR, line 16. 25,200 25,250 2,807 2,587 2,807 2,713 25,250 25,300 2,813 2,593 2,813 2,719 25,300 25,350 2,819 2,599 2,819 2,725 25,350 25,400 2,825 2,605 2,825 2,731 Extract of tax table to illustrate example. Instructions for Form 1040-NR (2023) 23 |
Page 24 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. General Information The IRS Mission Provide America's taxpayers top-quality service by helping them understand and meet their tax responsibilities and enforce the law with integrity and fairness to all. How To Avoid Common For more information on Mistakes TIP withholding or estimated tax Death of a Taxpayer payments, see chapter 8, See Death of a Taxpayer in the See How To Avoid Common Mistakes Paying Tax Through Withholding or Instructions for Form 1040 for more in the Instructions for Form 1040. Estimated Tax, in Pub. 519. details. Exception 1. Be sure to enter your identifying number (SSN or ITIN) on Past Due Returns page 1 of Form 1040-NR. Be sure to Secure Your Tax Records See Past Due Returns in the enter the SSN, ITIN, or ATIN of your From Identity Theft Instructions for Form 1040 for more dependents under Dependents on See Secure Your Tax Records From page 1 of Form 1040-NR. details. Identity Theft in the Instructions for Exception 2. Information about Form 1040 for more details. How To Get Tax Help standard deductions only applies to If you have questions about a tax students and business apprentices eligible for the benefits of Article 21(2) How Do You Make a Gift To issue; need help preparing your tax return; or want to download free of the United States–India Income Tax Reduce Debt Held By the publications, forms, or instructions, go Treaty. Public? to IRS.gov to find resources that can Exception 3. You aren’t eligible to See How Do You Make a Gift To help you right away. claim an earned income credit as a Reduce Debt Held By the Public? in Form 1040-NR filer. the Instructions for Form 1040 for Preparing and filing your tax re- more details. turn. After receiving all your wage Exception 4. You can claim the and earnings statements (Forms W-2, premium tax credit for dependents W-2G, 1099-R, 1099-MISC, only if you are a U.S. national; resident How Long Should Records 1099-NEC, etc.); unemployment of Canada, Mexico, or South Korea; or Be Kept? compensation statements (by mail or a student or business apprentice in a digital format) or other See How Long Should Records Be eligible for the benefits of Article 21(2) government payment statements Kept? in the Instructions for Form of the United States–India Income Tax (Form 1099-G); and interest, dividend, 1040 for more details. Treaty. If you’re filing Form 1040-NR and retirement statements from banks and considered married for federal tax and investment firms (Forms 1099), purposes, you can’t claim the How Do You Amend Your you have several options to choose premium tax credit unless you meet Tax Return? from to prepare and file your tax the criteria of one of the exceptions return. You can prepare the tax return See Amended Return in the under Married taxpayers in the yourself, see if you qualify for free tax Instructions for Form 1040 for more Instructions for Form 8962. preparation, or hire a tax professional details. to prepare your return. Innocent Spouse Relief Note. You can file Form 1040-X Innocent Spouse Relief in the Free options for tax preparation. electronically with tax filing software to Instructions for Form 1040 doesn’t Your options for preparing and filing amend 2021 or later Forms 1040-NR. apply to Form 1040-NR filers. Form your return online or in your local See IRS.gov/Filing/ 1040-NR filers can’t file a joint return. community, if you qualify, include the Amended-Return-Frequently-Asked- following. Questions for more information. • Free File. This program lets you Income Tax Withholding prepare and file your federal individual and Estimated Tax Need a Copy of Your Tax income tax return for free using software or Free File Fillable Forms. Payments for 2024 Return Information? However, state tax preparation may See Income Tax Withholding and See Need a Copy of Your Tax Return not be available through Free File. Go Estimated Tax Payments for 2024 in Information? in the Instructions for to IRS.gov/FreeFile to see if you the Instructions for Form 1040 for Form 1040 for more details. more details. qualify for free online federal tax Exception. If you’re calling to get a preparation, e-filing, and direct free transcript and you’re outside the deposit or payment options. United States, call 267-941-1000. • VITA. The Volunteer Income Tax This number isn’t toll free. Assistance (VITA) program offers free 24 Instructions for Form 1040-NR (2023) |
Page 25 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. tax help to people with can get up-to-date information on scam alerts, initiatives, products, and low-to-moderate incomes, persons current events and changes in tax law. services. At the IRS, privacy and with disabilities, and security are our highest priority. We • IRS.gov/Help: A variety of tools to limited-English-speaking taxpayers use these tools to share public help you get answers to some of the who need help preparing their own tax information with you. Don’t post your most common tax questions. returns. Go to IRS.gov/VITA, social security number (SSN) or other • IRS.gov/ITA: The Interactive Tax download the free IRS2Go app, or call confidential information on social Assistant, a tool that will ask you 800-906-9887 for information on free media sites. Always protect your questions and, based on your input, tax return preparation. identity when using any social provide answers on a number of tax • TCE. The Tax Counseling for the networking site. topics. Elderly (TCE) program offers free tax The following IRS YouTube • IRS.gov/Forms: Find forms, help for all taxpayers, particularly channels provide short, informative instructions, and publications. You will those who are 60 years of age and videos on various tax-related topics in find details on the most recent tax older. TCE volunteers specialize in English, Spanish, and ASL. changes and interactive links to help answering questions about pensions • Youtube.com/irsvideos. you find answers to your questions. and retirement-related issues unique • Youtube.com/irsvideosmultilingua. • You may also be able to access tax to seniors. Go to IRS.gov/TCE or • Youtube.com/irsvideosASL. information in your e-filing software. download the free IRS2Go app for Watching IRS videos. The IRS information on free tax return Need someone to prepare your tax Video portal (IRSVideos.gov) contains preparation. return? There are various types of video and audio presentations for • MilTax. Members of the U.S. Armed tax return preparers, including individuals, small businesses, and tax Forces and qualified veterans may enrolled agents, certified public professionals. use MilTax, a free tax service offered accountants (CPAs), accountants, by the Department of Defense through and many others who don’t have Online tax information in other lan- Military OneSource. For more professional credentials. If you choose guages. You can find information on information, go to MilitaryOneSource to have someone prepare your tax IRS.gov/MyLanguage if English isn’t (MilitaryOneSource.mil/MilTax). return, choose that preparer wisely. A your native language. Also, the IRS offers Free Fillable paid tax preparer is: Free Over-the-Phone Interpreter Forms, which can be completed • Primarily responsible for the overall (OPI) Service. The IRS is committed online and then e-filed regardless of substantive accuracy of your return, to serving taxpayers with income. • Required to sign the return, and limited-English proficiency (LEP) by Using online tools to help prepare • Required to include their preparer offering OPI services. The OPI your return. Go to IRS.gov/Tools for tax identification number (PTIN). Service is a federally funded program the following. Although the tax preparer and is available at Taxpayer Assistance Centers (TACs), most IRS Assistant IRS.gov/EITCAssistant ( ) CAUTION ultimately responsible for • The Earned Income Tax Credit ! always signs the return, you're offices, and every VITA/TCE tax return determines if you’re eligible for the providing all the information required site. The OPI Service is accessible in earned income credit (EIC). for the preparer to accurately prepare more than 350 languages. • The Online EIN Application your return and for the accuracy of Accessibility Helpline available for (IRS.gov/EIN) helps you get an every item reported on the return. taxpayers with disabilities. employer identification number (EIN) Anyone paid to prepare tax returns for Taxpayers who need information at no cost. others should have a thorough about accessibility services can call • The Tax Withholding Estimator understanding of tax matters. For 833-690-0598. The Accessibility (IRS.gov/W4App) makes it easier for more information on how to choose a Helpline can answer questions related you to estimate the federal income tax tax preparer, go to Tips for Choosing a to current and future accessibility you want your employer to withhold Tax Preparer on IRS.gov. products and services available in from your paycheck. This is tax alternative media formats (for withholding. See how your withholding example, braille, large print, audio, affects your refund, take-home pay, or Employers can register to use tax due. Business Services Online. The etc.). The Accessibility Helpline does • The First-Time Homebuyer Credit Social Security Administration (SSA) not have access to your IRS account. Account Look-up IRS.gov/ ( offers online service at SSA.gov/ For help with tax law, refunds, or HomeBuyer) tool provides information employer for fast, free, and secure account-related issues, go to IRS.gov/ on your repayments and account W-2 filing options to CPAs, LetUsHelp. balance. accountants, enrolled agents, and Note. Form 9000, Alternative Media • The Sales Tax Deduction Calculator individuals who process Form W-2, Preference, or Form 9000(SP) allows (IRS.gov/SalesTax) figures the Wage and Tax Statement, and Form you to elect to receive certain types of amount you can claim if you itemize W-2c, Corrected Wage and Tax written correspondence in the deductions on Schedule A (Form Statement. following formats. 1040). IRS social media. Go to IRS.gov/ • Standard Print. Getting answers to your tax SocialMedia to see the various social • Large Print. questions. On IRS.gov, you media tools the IRS uses to share the • Braille. latest information on tax changes, Instructions for Form 1040-NR (2023) 25 |
Page 26 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Audio (MP3). account. For more information, go to The IRS can’t issue refunds • Plain Text File (TXT). IRS.gov/TaxProAccount. ! before mid-February for • Braille Ready File (BRF). CAUTION returns that claimed the EIC or Using direct deposit. The safest the additional child tax credit (ACTC). Disasters. Go to IRS.gov/ and easiest way to receive a tax This applies to the entire refund, not DisasterRelief to review the available refund is to e-file and choose direct just the portion associated with these disaster tax relief. deposit, which securely and credits. electronically transfers your refund Getting tax forms and publica- directly into your financial account. tions. Go to IRS.gov/Forms to view, Making a tax payment. Payments of Direct deposit also avoids the download, or print all the forms, U.S. tax must be remitted to the IRS in possibility that your check could be instructions, and publications you may U.S. dollars. Digital assets are not lost, stolen, destroyed, or returned need. Or, you can go to IRS.gov/ accepted. Go to IRS.gov/Payments for undeliverable to the IRS. Eight in 10 OrderForms to place an order. information on how to make a taxpayers use direct deposit to payment using any of the following Getting tax publications and in- receive their refunds. If you don’t have options. structions in eBook format. a bank account, go to IRS.gov/ • IRS Direct Pay: Pay your individual Download and view most tax DirectDeposit for more information on tax bill or estimated tax payment publications and instructions where to find a bank or credit union directly from your checking or savings (including the Instructions for Form that can open an account online. account at no cost to you. 1040) on mobile devices as eBooks at Reporting and resolving your IRS.gov/eBooks. • Debit Card, Credit Card, or Digital tax-related identity theft issues. Wallet: Choose an approved payment IRS eBooks have been tested • Tax-related identity theft happens processor to pay online or by phone. using Apple's iBooks for iPad. Our when someone steals your personal • Electronic Funds Withdrawal: eBooks haven’t been tested on other information to commit tax fraud. Your Schedule a payment when filing your dedicated eBook readers, and eBook taxes can be affected if your SSN is federal taxes using tax return functionality may not operate as used to file a fraudulent return or to preparation software or through a tax intended. claim a refund or credit. professional. Access your online account (indi- • The IRS doesn’t initiate contact with • Electronic Federal Tax Payment vidual taxpayers only). Go to taxpayers by email, text messages System: Best option for businesses. IRS.gov/Account to securely access (including shortened links), telephone Enrollment is required. information about your federal tax calls, or social media channels to • Check or Money Order: Mail your account. request or verify personal or financial payment to the address listed on the • View the amount you owe and a information. This includes requests for notice or instructions. breakdown by tax year. personal identification numbers • Cash: You may be able to pay your • See payment plan details or apply (PINs), passwords, or similar taxes with cash at a participating retail for a new payment plan. information for credit cards, banks, or store. • Make a payment or view 5 years of other financial accounts. • Same-Day Wire: You may be able payment history and any pending or • Go to IRS.gov/IdentityTheft, the IRS to do same-day wire from your scheduled payments. Identity Theft Central webpage, for financial institution. Contact your • Access your tax records, including information on identity theft and data financial institution for availability, key data from your most recent tax security protection for taxpayers, tax cost, and time frames. return, and transcripts. professionals, and businesses. If your • View digital copies of select notices SSN has been lost or stolen or you Note. The IRS uses the latest from the IRS. suspect you’re a victim of tax-related encryption technology to ensure that • Approve or reject authorization identity theft, you can learn what steps the electronic payments you make requests from tax professionals. you should take. online, by phone, or from a mobile • View your address on file or • Get an Identity Protection PIN (IP device using the IRS2Go app are safe manage your communication PIN). IP PINs are six-digit numbers and secure. Paying electronically is preferences. assigned to taxpayers to help prevent quick, easy, and faster than mailing in the misuse of their SSNs on a check or money order. Get a transcript of your return. fraudulent federal income tax returns. What if I can’t pay now? Go to With an online account, you can When you have an IP PIN, it prevents IRS.gov/Payments for more access a variety of information to help someone else from filing a tax return information about your options. you during the filing season. You can with your SSN. To learn more, go to • Apply for an online payment get a transcript, review your most IRS.gov/IPPIN. agreement IRS.gov/OPA ( ) to meet recently filed tax return, and get your adjusted gross income. Create or Ways to check on the status of your tax obligation in monthly access your online account at your refund. installments if you can’t pay your taxes IRS.gov/Account. • Go to IRS.gov/Refunds. in full today. Once you complete the • Download the official IRS2Go app online process, you will receive Tax Pro Account. This tool lets your to your mobile device to check your immediate notification of whether your tax professional submit an refund status. agreement has been approved. authorization request to access your Call the automated refund hotline at • Use the Offer in Compromise Pre- • individual taxpayer IRS online 800-829-1954. Qualifier to see if you can settle your 26 Instructions for Form 1040-NR (2023) |
Page 27 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. tax debt for less than the full amount appropriately on IRS.gov to take so you’ll know in advance that you can you owe. For more information on the further action. To learn more about the get the service you need without long Offer in Compromise program, go to tool, go to IRS.gov/Upload. wait times. Before you visit, go to IRS.gov/OIC. IRS.gov/TACLocator to find the Note. You can use Schedule LEP nearest TAC and to check hours, Filing an amended return. Go to (Form 1040), Request for Change in available services, and appointment IRS.gov/Form1040X for information Language Preference, to state a options. Or, on the IRS2Go app, under and updates. preference to receive notices, letters, the Stay Connected tab, choose the Checking the status of your amen- or other written communications from Contact Us option and click on “Local ded return. Go to IRS.gov/WMAR to the IRS in an alternative language. Offices.” track the status of Form 1040-X You may not immediately receive amended returns. written communications in the requested language. The IRS’s Interest and Penalties It can take up to 3 weeks from See Interest and Penalties in the commitment to LEP taxpayers is part ! the date you filed your of a multi-year timeline that began Instructions for Form 1040 for more CAUTION amended return for it to show providing translations in 2023. You will details. up in our system, and processing it continue to receive communications, can take up to 16 weeks. including notices and letters, in Understanding an IRS notice or English until they are translated to Refund Information letter you’ve received. Go to your preferred language. See Refund Information in the Instructions for Form 1040 for more IRS.gov/Notices to find additional Contacting your local TAC. Keep in details. information about responding to an mind, many questions can be IRS notice or letter. answered on IRS.gov without visiting Exception. The processing of refund Responding to an IRS notice or let- a TAC. Go to IRS.gov/LetUsHelp for requests of tax withheld and reported ter. You can now upload responses to the topics people ask about most. If on a Form 1042-S, Form 8805, or all notices and letters using the you still need help, TACs provide tax Form 8288-A may require additional Document Upload Tool. For notices help when a tax issue can’t be time. Allow up to 6 months for these that require additional action, handled online or by phone. All TACs refunds to be issued. taxpayers will be redirected now provide service by appointment, Instructions for Form 1040-NR (2023) 27 |
Page 28 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Article 21(2), and you elected to use though the text for line 5 on Schedule Instructions for Schedule the standard deduction for the tax 1 (Form 1040) mentions S 1 (Form 1040)—Additional year the state or local income tax was corporations, the reference to S Income and Adjustments paid. corporations doesn’t apply to Form 1040-NR filers. to Income Exception 3. Use Itemized Deduction Recoveries in Pub. 525 Report income or loss from rental General Instructions instead of the State and Local Income real estate, royalties, partnerships, As noted in Form 1040-NR Helpful Tax Refund Worksheet in the estates, trusts, and residual interests Hints, earlier, use Schedule 1 (Form Instructions for Form 1040. in real estate mortgage investment 1040) to report income or adjustments conduits (REMICs) on Schedule 1 to income that can’t be entered Lines 2a and 2b—Alimony (Form 1040), line 5. Use Schedule E directly on Form 1040-NR. Received (Form 1040) to figure the amount to Additional income is entered on enter on Schedule 1 (Form 1040), Schedule 1, Part I. The amount on Leave lines 2a and 2b of Schedule 1 line 5, and attach Schedule E (Form line 10 of Schedule 1 is entered on (Form 1040) blank. Don’t follow the 1040) to your return. For more Form 1040-NR, line 8. instructions in Lines 2a and information, see the Instructions for 2b—Alimony Received under Schedule E (Form 1040). Adjustments to income are entered Instructions for Schedule 1 in the on Schedule 1, Part II. The amount on Instructions for Form 1040. A person If you’re electing to treat line 26 is entered on Form 1040-NR, filing Form 1040-NR doesn’t report TIP income from real property line 10. alimony on lines 2a and 2b. You will located in the United States When completing a line on report certain alimony received on as effectively connected with a U.S. Schedule 1 (Form 1040), look to the Schedule NEC (Form 1040-NR), trade or business, report the rental instructions below for that line, which line 12. income or loss on Schedule 1 (Form 1040), line 5. See Income You Can may direct you to the Schedule 1 Elect To Treat as Effectively instructions found in the Line 3—Business Income or (Loss) Connected With a U.S. Trade or Instructions for Form 1040 for Business, earlier, for more details on guidance. See Line 3 under Instructions for how to make the election. If you Schedule 1 in the Instructions for See the specific line haven’t made or don’t make the Form 1040 for details on business election, report the rental income on ! instructions below for any income or loss. CAUTION Exceptions. For example, Schedule NEC (Form 1040-NR), see Line 1 below, which has three Exception 1. Report only your line 6. See Income From Real exceptions. Also, only use the effectively connected income and Property in chapter 4 of Pub. 519 for guidance for the filing status you expenses from Schedule C (Form more details. checked at the top of page 1 of Form 1040). 1040-NR. No other guidance under Exception 2. Include any income you Line 6—Farm Income or (Loss) Instructions for Schedule 1 in the received as a dealer in stocks, Instructions for Form 1040 will apply securities, and commodities through Report farm income and expenses on to you. your U.S. office or dependent agent. If line 6. Use Schedule F (Form 1040) to you dealt in these items through an figure the amount to enter on line 6 Additional Income independent agent, such as a U.S. and attach Schedule F (Form 1040) to Line 1—Taxable Refunds, Credits, broker, custodian, or commissioned your return. For more information, see or Offsets of State and Local agent, your income may not be the Instructions for Schedule F (Form Income Taxes considered effectively connected with 1040). Also see Pub. 225, Farmer's a U.S. business. Tax Guide, for a list of important dates See Line 1 under Instructions for that apply to farmers. Schedule 1 in the Instructions for Line 4—Other Gains or (Losses) Form 1040 for details. Line 7—Unemployment See Line 4 under Instructions for Exception 1. The state or local Compensation Schedule 1 in the Instructions for income tax must be of a U.S. state or Form 1040 for details on other gains local government. See Line 7 under Instructions for or losses. Exception 2. Ignore the TIP. The only Schedule 1 in the Instructions for Exception. The assets must have reason none of your refund would be Form 1040 for details on been used in a U.S. trade or business. taxable is, if in the year you paid the unemployment compensation. state or local income tax, you didn’t claim these tax payments as an Line 5—Rental Real Estate, Lines 8a Through 8z—Other itemized deduction on Schedule A Royalties, Partnerships, S Income (Form 1040-NR). For example, you Corporations, Trusts, etc. were a student or business apprentice See Lines 8a Through 8z under eligible for the benefits of the United Form 1040-NR filers can't be Instructions for Schedule 1 in the States–India Income Tax Treaty, shareholders in S corporations. Even Instructions for Form 1040 for details 28 Instructions for Form 1040-NR (2023) |
Page 29 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. on other income, but see Line 8a Line 8f—Income From Form 8889 Line 8m—Olympic and Paralympic through Line 8z below for exceptions. Medals and USOC Prize Money See Line 8f under Instructions for Line 8a—Net Operating Loss Schedule 1 in the Instructions for See Line 8m under Instructions for Form 1040 for details on Form 8889, Schedule 1 in the Instructions for See Line 8a under Instructions for Health Savings Accounts (HSAs). Form 1040 for details on Olympic and Schedule 1 in the Instructions for Paralympic medals and USOC prize Form 1040 for details on net operating Line 8g—Alaska Permanent Fund money. losses. Dividends Exception. The medals and prize money must be from your U.S. trade Line 8b—Gambling Leave Schedule 1 (Form 1040), or business. line 8g, blank. Alaska Permanent See Line 8b under Instructions for Fund dividends don’t apply to Form Schedule 1 in the Instructions for 1040-NR filers. Line 8n—Section 951(a) Inclusion Form 1040 for details on gambling winnings. Line 8h—Jury Duty Pay Leave Schedule 1 (Form 1040), line 8n, blank. The section 951(a) Exception 1. Gambling winnings inclusion doesn’t apply to Form entered on line 8b must be from an Leave Schedule 1 (Form 1040), effectively connected U.S. trade or line 8h, blank. Jury duty pay doesn’t 1040-NR filers. business. If they aren’t from an apply to Form 1040-NR filers. Line 8o—Section 951A(a) effectively connected U.S. trade or business, but are U.S. sourced, enter Line 8i—Prizes and Awards Inclusion the income on Schedule NEC (Form 1040-NR). See Line 8i under Instructions for Leave Schedule 1 (Form 1040), Schedule 1 in the Instructions for line 8o, blank. The section 951A(a) Exception 2. For details on gambling Form 1040 for details on prizes and inclusion doesn’t apply to Form losses that are effectively connected awards. 1040-NR filers. to a U.S. trade or business, see the instructions for Schedule A (Form Exception. The prizes and awards 1040-NR), line 7, later. must be from your trade or business. Line 8p—Section 461(l) Excess Business Loss Adjustment Line 8c—Cancellation of Debt Line 8j—Activity Not Engaged in for Profit Income See Line 8p under Instructions for Schedule 1 in the Instructions for See Line 8c under Instructions for Schedule 1 in the Instructions for Leave Schedule 1 (Form 1040), Form 1040 for details on the section Form 1040 for details on cancellation line 8j, blank. Form 1040-NR filers 461(l) excess business loss of debt. don’t include income on this line adjustment. because this income isn’t from a trade Exception. For Form 1040-NR filers, or business. Include this income on Line 8q—Taxable Distributions canceled debt in box 2 of Form Schedule NEC (Form 1040-NR) on From an ABLE Account 1042-S should be included on the applicable line. Schedule 1 (Form 1040), line 8c. For See Line 8q under Instructions for canceled debt that is U.S. source and Schedule 1 in the Instructions for Line 8k—Stock Options effectively connected with a U.S. trade Form 1040 for details on taxable or business, see Pub. 4681, Canceled See Line 8k under Instructions for distributions from an ABLE account. Debts, Foreclosures, Repossessions, Schedule 1 in the Instructions for Exception. See the instructions for and Abandonments (for Individuals). Form 1040 for details on stock Schedule NEC (Form 1040-NR), options. Line 8d—Foreign Earned Income line 12, later. Exclusion From Form 2555 Line 8l—Income From the Rental of Line 8r—Scholarship and Personal Property if You Engaged Leave Schedule 1 (Form 1040), Fellowship Grants Not Reported line 8d, blank. The foreign earned in the Rental for Profit But Were on Form W-2 income exclusion and housing Not in the Business of Renting exclusion from Form 2555 don’t apply Such Property Generally, enter the amount of to Form 1040-NR filers. scholarship and fellowship grants from Leave line 8l blank. Include this U.S. sources and not reported on Line 8e—Income From Form 8853 income on Schedule NEC (Form Form W-2, reduced by the total 1040-NR), line 6. amount exempt by treaty. However, if See Line 8e under Instructions for you were a degree candidate at an Schedule 1 in the Instructions for eligible educational organization, Form 1040 for details on Form 8853, generally include on line 8r only the Archer MSAs and Long-Term Care amounts you used for expenses other Insurance Contracts. than tuition, fees, and required, Instructions for Form 1040-NR (2023) 29 |
Page 30 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. course-related expenses. For Tuition and Line 8s—Nontaxable Amount of example, amounts used for room, fees $25,000 Medicaid Waiver Payments board, and travel must be reported on Included on Form 1040, Line 1a or Required line 8r. books, 1d Note. Attach any Form(s) 1042-S you supplies, and receive from the educational equipment 1,000 See Line 8s under Instructions for organization to page 1 of the Form Room and Schedule 1 in the Instructions for 1040-NR. Scholarship and fellowship board 9,000 Form 1040 for details on Medicaid grants are reported in box 2 of Form $35,000 waiver payments. 1042-S. Exception. Substitute “Form 1040-NR” for any reference to Forms Note. Generally, you can't exclude The Form 1042-S you received from 1040 or 1040-SR. from your gross income the part of any ABC University for 2023 shows scholarship or fellowship grant that $9,000 in box 2 and $1,260 (14% of Note. You won’t have Medicaid represents payment for teaching, $9,000) in box 10. waiver payments unless you’re a research, or other services required student or business apprentice as a condition for receiving the Note. Box 2 shows only $9,000 eligible for the benefits in Article 21(2) scholarship. This applies even if all because withholding agents (such as of the United States–India Income Tax candidates for a degree must perform ABC University) aren’t required to Treaty. the services to receive the degree. report section 117 qualified expenses (required tuition, fees, books, Line 8t—Pension or Annuity From For more information about tax supplies, and equipment) on Form a Nonqualified Deferred requirements for scholarships and 1042-S. fellowships, see Pub. 519 and Compensation Plan or a You would enter $9,000 on line 8r chapter 1 of Pub. 970. Nongovernmental Section 457 of Schedule 1 (Form 1040) only. Plan Note. Under some treaties, Example 2. The facts are the scholarship or fellowship grant income same as in Example 1, except that See Line 8t under Instructions for isn’t exempt from tax if the income is you’re a citizen of a country that has Schedule 1 in the Instructions for received in exchange for the an income tax treaty with the United Form 1040 for a pension or annuity performance of services, such as States that includes a provision that from a nonqualified deferred teaching, research, or other services. exempts scholarship income, and you compensation plan or Also, many tax treaties don’t permit an were a resident of that country for nongovernmental section 457 plan. exemption from tax on scholarship or income tax purposes immediately fellowship grant income unless the before arriving in the United States to Line 8u—Wages Earned While income is from sources outside the attend ABC University. Incarcerated United States. If you’re a resident of a treaty country, you must know the When completing your tax return, terms of the tax treaty between the do the following. See Line 8u under Instructions for United States and the treaty country • Provide all the required information Schedule 1 in the Instructions for to claim treaty benefits on Form in item L of Schedule OI (Form Form 1040 for details on wages 1040-NR. See the instructions for item 1040-NR). Enter the $9,000 shown in earned while incarcerated. L of Schedule OI, later, for details. box 2 of Form 1042-S into column (d) of the schedule. Line 8z—Other Income Example 1. You’re a citizen of a country that doesn’t have an income • Enter $9,000 from box L1(e) of Schedule OI (Form 1040-NR) on See Line 8z under Instructions for tax treaty in force with the United Schedule 1 in the Instructions for line 1k of Form 1040-NR. States. You’re a candidate for a Form 1040 for details on other degree at ABC University (located in • Enter $1,260 on line 25g of Form 1040-NR to report the withholding income. the United States) and considered shown in box 10 of Form 1042-S. temporarily present in the country. Exception 1. If you sold a personal item at a gain, don’t report this amount You’re receiving a full scholarship from Note. For this example, you won’t on line 8z. For more information about ABC University, which is an eligible enter any amount on line 8r of reporting this gain, see Pub. 519, U.S. educational institution. You aren’t Schedule 1 (Form 1040) because the Tax Guide for Aliens and the required to perform any services, such entire scholarship income shown in instructions for Schedule NEC (Form as teaching, research, or other box 2 of Form 1042-S is exempt from 1040–NR), line 12, later. services, to get the scholarship, and tax by the treaty. you have no other sources of income. Exception 2. The bullet discussing The total amounts you received from “reimbursements or other amounts ABC University during 2023 are as received for items deducted in an follows. earlier year” only applies to items deducted on a Schedule A (Form 1040-NR). The items listed as examples in the bullet in the 30 Instructions for Form 1040-NR (2023) |
Page 31 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Instructions for Schedule 1 are only Line 16—Self-Employed SEP, Lines 19a, 19b, and 19c—Alimony deductible on Schedule A (Form SIMPLE, and Qualified Plans Paid 1040). Exception 3. Gifts or bequests you See Line 16 under Instructions for Leave lines 19a, 19b, and 19c blank receive from a foreign person aren’t Schedule 1 in the Instructions for on Schedule 1 (Form 1040). You taxable regardless of the amount. Form 1040 for details on aren’t eligible for an alimony self-employed SEP, SIMPLE, and deduction if you’re filing Form Adjustments to Income qualified plans. 1040-NR. Line 11—Educator Expenses Line 17—Self-Employed Health Line 20—IRA Deduction Insurance Deduction See Line 11 under Instructions for See Line 20 under Instructions for Schedule 1 in the Instructions for See Line 17 under Instructions for Schedule 1 in the Instructions for Form 1040 for details on educator Schedule 1 in the Instructions for Form 1040 for details on the IRA expenses. Form 1040 for details on the deduction. Exception. The expenses must be self-employed health insurance Exception 1. When reading that related to your effectively connected deduction. section, including when completing income. Exception 1. The rules for a the IRA Deduction Worksheet, follow shareholder in an S corporation don’t only the guidance for the filing status Line 12—Certain Business apply to you. Nonresident aliens can’t you checked at the top of page 1 of Expenses of Reservists, be shareholders in an S corporation. Form 1040-NR. Performing Artists, and Fee-Basis Exception 2. The discussion of the Exception 2. Don’t use your Government Officials Schedule A medical expense spouse's earned income, or your or deduction on line 3 of the your spouse's alimony and separate See Line 12 under Instructions for Self-Employed Health Insurance maintenance payments, when Schedule 1 in the Instructions for Deduction Worksheet doesn’t apply to determining whether you can take the Form 1040 for details on these you. Your Schedule A (which is called IRA deduction. business expenses. Schedule A (Form 1040-NR)) doesn’t Exception 3. Don’t apply Form 2555, have a line for medical expense Exception 1. The expenses must be Foreign Earned Income, discussions deductions. related to your effectively connected to your situation. You can’t file that income. Exception 3. Form 2555 discussions form. don’t apply to you. You aren’t eligible Exception 2. Don’t include Exception 4. You must have taxable for the foreign earned income and performing-arts-related expenses as a compensation effectively connected foreign housing benefits on Form write-in on line 8z of Schedule 1 with a U.S. trade or business. 2555. (Form 1040). Exception 4. You can claim the Line 21—Student Loan Interest Line 13—Health Savings Account premium tax credit for dependents Deduction (HSA) Deduction only if you’re a U.S. national; a resident of Canada, Mexico, or South See Line 21 under Instructions for Korea; or a student or a business Schedule 1 in the Instructions for See Line 13 under Instructions for apprentice eligible for the benefits of Form 1040 for details on the student Schedule 1 in the Instructions for Article 21(2) of the United States– loan interest deduction. Form 1040 for details on the HSA India Income Tax Treaty. If you’re filing deduction. Exception 1. When reading that Form 1040-NR and considered section including when completing the married for federal tax purposes, you Student Loan Interest Deduction Line 14—Moving Expenses for can’t claim the premium tax credit Worksheet in that section, follow only Members of the Armed Forces unless you also meet the criteria of the guidance for the filing status you one of the exceptions under Married checked at the top of page 1 of Form See Line 14 under Instructions for taxpayers in the Instructions for Form 1040-NR. Schedule 1 in the Instructions for 8962. Form 1040 for details on these moving Exception 2. If you checked the expenses. Line 18—Penalty on Early Married filing separately box at the top Withdrawal of Savings of page 1 of Form 1040-NR, you can’t Line 15—Deductible Part of take the student loan interest Self-Employment Tax See Line 18 under Instructions for deduction. Schedule 1 in the Instructions for See Line 15 under Instructions for Form 1040 for details on the penalty Line 22—Reserved for Future Use Schedule 1 in the Instructions for on early withdrawal of savings. Leave line 22 blank. Form 1040 for details on the deductible part of self-employment tax. Instructions for Form 1040-NR (2023) 31 |
Page 32 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 23—Archer MSA Deduction Line 24f—Contributions to Section Line 24k—Excess Deductions of 501(c)(18)(D) Pension Plans Section 67(e) Expenses From See Form 8853. Schedule K-1 (Form 1041) See Line 24f under Instructions for Line 24—Other Adjustments Schedule 1 in the Instructions for See Line 24k under Instructions for Form 1040 for details on contributions Schedule 1 in the Instructions for See Line 24a through Line 24z below to section 501(c)(18)(D) pension Form 1040 for details on excess for details and exceptions. plans. deductions of section 67(e) expenses from Schedule K-1 (Form 1041). Line 24a—Jury Duty Pay Line 24g—Contributions by Certain Chaplains to Section Leave Schedule 1 (Form 1040), Line 24z—Other Adjustments line 24a, blank. Jury duty pay doesn’t 403(b) Plans apply to Form 1040-NR filers. See Line 24z under Instructions for See Line 24g under Instructions for Schedule 1 in the Instructions for Schedule 1 in the Instructions for Form 1040 for details on other Line 24b—Deductible Expenses Form 1040 for details on contributions adjustments. From the Rental of Personal by certain chaplains to section 403(b) Property Engaged in for Profit plans. Exception. For the instructions for Form 1099 loss reporting and Leave Schedule 1 (Form 1040), Line 24h—Attorney Fees and Court Incorrect Form 1099-K, replace the references to lines 8z and 24z with line 24b, blank unless the expenses Costs for Actions Involving Certain arise from a U.S. trade or business. Schedule NEC, line 12. See the Form 1040-NR filers can’t deduct Unlawful Discrimination Claims instructions for Schedule NEC, expenses from the rental of personal line 12, later. See Line 24h under Instructions for property engaged in for profit, but not Schedule 1 in the Instructions for as part of a U.S. trade or business. Form 1040 for details on attorney fees Instructions for Schedule and court costs for actions involving 2 (Form 1040)—Additional Line 24c—Nontaxable Amount of certain unlawful discrimination claims. the Value of Olympic and Taxes Exception. Don’t include on line 24h Paralympic Medals and USOC attorney fees and court costs for General Instructions Prize Money Reported on Line 8m actions involving certain unlawful As noted in Form 1040-NR Helpful discrimination claims to the extent the Hints, earlier, use Schedule 2 (Form See Line 24c under Instructions for gross income from such actions is not 1040) if you have additional taxes that Schedule 1 in the Instructions for effectively connected. can’t be entered directly on the Form Form 1040 for details on the 1040-NR. nontaxable amount of the value of Line 24i—Attorney Fees and Court Olympic and Paralympic medals and Include the amount on Schedule 2, USOC prize money. Costs You Paid in Connection With line 3, in the total on Form 1040-NR, an Award From the IRS for line 17. Line 24d—Reforestation Information You Provided That Amortization and Expenses Helped the IRS Detect Tax Law Enter the amount on Schedule 2, Violations line 21, on Form 1040-NR, line 23b. See Line 24d under Instructions for Schedule 1 in the Instructions for See Line 24i under Instructions for When completing a line on Form 1040 for details on reforestation Schedule 1 in the Instructions for Schedule 2 (Form 1040), look to the amortization and expenses. Form 1040 for details on attorney fees instructions below for that line, which and court costs you paid in may direct you to the Schedule 2 Line 24e—Repayment of connection with an award from the instructions found in the Supplemental Unemployment IRS for information you provided that Instructions for Form 1040 for helped the IRS detect tax law guidance. Benefits Under the Trade Act of violations. See the specific line 1974 ! instructions below for any See Line 24e under Instructions for Line 24j—Housing Deduction From CAUTION Exceptions. For example, Schedule 1 in the Instructions for Form 2555 see Line 1 below, which has four exceptions. Also, only use the Form 1040 for details on repayment of supplemental unemployment benefits Leave Schedule 1 (Form 1040), guidance for the filing status you under the Trade Act of 1974. line 24j, blank. The housing deduction checked at the top of page 1 of Form from Form 2555 doesn’t apply to Form 1040-NR. No other guidance under 1040-NR filers. Instructions for Schedule 2 in the Instructions for Form 1040 will apply to you. 32 Instructions for Form 1040-NR (2023) |
Page 33 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Specific Instructions Line 2—Excess Advance Premium Line 6—Uncollected Social Line 1—Alternative Minimum Tax Tax Credit Repayment Security and Medicare Tax From (AMT) Form 8919 See Line 2 under Instructions for See Line 1 under Instructions for Schedule 2 in the Instructions for See Line 6 under Instructions for Schedule 2 in the Instructions for Form 1040 for details on the excess Schedule 2 in the Instructions for Form 1040 for details on the advance premium tax credit Form 1040 for details on uncollected alternative minimum tax. repayment. social security and Medicare tax on Exception 1. For estates and Exception. You can claim the wages from Form 8919. trusts only. If you’re filing for an premium tax credit for dependents Exception. Enter the amount from estate or trust, do the following. only if you’re a U.S. national; a line 6 of Form 8919 on Form • Use Schedule I (Form 1041) and its resident of Canada, Mexico, or South 1040-NR, line 1g, as Form 8919, instructions to find out if you owe the Korea; or a student or a business line 6, indicates. alternative minimum tax. Don’t use the apprentice eligible for the benefits of Instructions for Form 1040 to figure Article 21(2) of the United States– Line 8—Additional Tax on IRAs, whether you owe the alternative India Income Tax Treaty. If you’re filing Other Qualified Retirement Plans, minimum tax. Form 1040-NR and considered • If you disposed of a U.S. real married for federal tax purposes, you etc. property interest at a gain, you must can’t claim the premium tax credit make a special computation to see if unless you meet the criteria of one of See Line 8 under Instructions for you owe this tax. For details, see the exceptions under Married Schedule 2 in the Instructions for Nonresident Aliens in the Instructions taxpayers in the Instructions for Form Form 1040 for details on additional tax for Form 6251. 8962. on IRAs, other qualified retirement plans, etc. Exception 2. Only use the guidance Line 4—Self-Employment Tax for the filing status you checked at the Line 9—Household Employment top of page 1 of Form 1040-NR. No Enter the amount of any taxes from Taxes other guidance in Line 1, Alternative Schedule SE (Form 1040). See the Minimum Tax, in the Instructions for Instructions for Schedule SE (Form See Line 9 under Instructions for Schedule 2 found in the Instructions 1040) for more information. Schedule 2 in the Instructions for for Form 1040 will apply to you. Form 1040 for details on household Exception 3. The following in the list If you’re a self-employed employment taxes. under Exception in Line 1 under nonresident alien, you must pay Instructions for Schedule 2 in the self-employment tax only if an Line 10—First-Time Homebuyer Instructions for Form 1040 don’t apply international social security Credit Repayment to you. agreement (often called a totalization • The reference to income (or loss) agreement) in effect determines that See Line 10 under Instructions for from S corporations. Nonresident you’re covered under the U.S. social Schedule 2 in the Instructions for aliens can’t be shareholders in an S security system. See the Instructions Form 1040 for details on first-time corporation. for Schedule SE (Form 1040) for homebuyer credit repayment. • Investment interest expense information about international social reported on Form 4952 can’t apply to security agreements. Information Line 11—Additional Medicare Tax you. Nonresident aliens don’t file Form about totalization agreements is 4952. available at IRS.gov. Enter “totalization See Line 11 under Instructions for • Net qualified disaster loss unless agreement” in the search box there. Schedule 2 in the Instructions for you’re a student or business You can also find information at Form 1040 for details on the apprentice eligible for benefits under SSA.gov/international under Additional Medicare Tax from Form Article 21(2) of the United States– “International Agreements.” 8959. India Income Tax Treaty and you If you aren’t required to pay reported a standard deduction on ! self-employment tax but do so Line 12—Net Investment Income Schedule A (Form 1040-NR), line 7. CAUTION anyway, you won’t be eligible Tax Exception 4. On line 2 of the to receive social security benefits. Worksheet To See if You Should Fill in See Line 12 under Instructions for Form 6251—Schedule 2, Line 1, enter Line 5—Social Security and Schedule 2 in the Instructions for the amount from Schedule A (Form Form 1040 for details on the net Medicare Tax From Form 4137 1040-NR), line 1b. Do not enter the investment income tax from Form amount from line 7. 8960. See Line 5 under Instructions for Schedule 2 in the Instructions for Exception. You’re only liable for the Form 1040 for details on social net investment income tax if you’re a security and Medicare tax on dual-status taxpayer (see Dual-Status unreported tip income from Form Taxpayers, earlier). You may owe this 4137. tax for the part of the year you were a Instructions for Form 1040-NR (2023) 33 |
Page 34 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. U.S. resident (see Form 8960 and its Line 17b—Recapture of Federal Line 17h—Income You Received instructions). Mortgage Subsidy From a Nonqualified Deferred Compensation Plan That Fails to Line 13—Uncollected Social See Line 17b under Instructions for Meet the Requirements of Section Security and Medicare or RRTA Tax Schedule 2 in the Instructions for on Tips or Group-Term Life Form 1040 for details on recapture of 409A federal mortgage subsidy. Insurance See Line 17h under Instructions for Schedule 2 in the Instructions for See Line 13 under Instructions for Line 17c—Additional Tax on HSA Form 1040 for details on income you Schedule 2 in the Instructions for Distributions received from a nonqualified deferred Form 1040 for details on uncollected compensation plan that fails to meet social security and Medicare or RRTA See Line 17c under Instructions for the requirements of section 409A. tax on tips or group-term life insurance Schedule 2 in the Instructions for from Form W-2, box 12. Form 1040 for details on additional tax Line 17i—Compensation You on HSA distributions. Received From a Nonqualified Line 14—Interest on Tax Due on Deferred Compensation Plan Line 17d—Additional Tax on an Installment Income From the Sale Described in Section 457A HSA of Certain Residential Lots and Timeshares See Line 17d under Instructions for See Line 17i under Instructions for Schedule 2 in the Instructions for Schedule 2 in the Instructions for See Line 14 under Instructions for Form 1040 for details on additional tax Form 1040 for details on Schedule 2 in the Instructions for on an HSA because you didn’t remain compensation you received from a Form 1040 for details on interest on an eligible individual. nonqualified deferred compensation tax due on installment income from plan described in section 457A. the sale of certain residential lots and Line 17e—Additional Tax on timeshares. Line 17j—Section 72(m)(5) Excess Archer MSA Distributions Benefits Tax Line 15—Interest on the Deferred See Line 17e under Instructions for Tax on Gain From Certain Schedule 2 in the Instructions for See Line 17j under Instructions for Installment Sales With a Sales Form 1040 for details on additional tax Schedule 2 in the Instructions for Price Over $150,000 on Archer MSA distributions from Form 1040 for details on the section Form 8853. 72(m)(5) excess benefits tax. See Line 15 under Instructions for Schedule 2 in the Instructions for Line 17f—Additional Tax on Line 17k—Golden Parachute Form 1040 for details on interest on Medicare Advantage MSA Payments the deferred tax on gain from certain Distributions See Line 17k under Instructions for installment sales with a sales price Schedule 2 in the Instructions for over $150,000. See Line 17f under Instructions for Form 1040 for details on golden Schedule 2 in the Instructions for parachute payments. Line 16—Recapture of Low-Income Form 1040 for details on additional tax Housing Credit on Medicare Advantage MSA distributions from Form 8853. Line 17l—Tax on Accumulation See Line 16 under Instructions for Distribution of Trusts Schedule 2 in the Instructions for Line 17g—Recapture of a See Line 17l under Instructions for Form 1040 for details on recapture of Charitable Contribution Deduction Schedule 2 in the Instructions for low-income housing credit from Form Related to a Fractional Interest in Form 1040 for details on tax on 8611. Tangible Personal Property accumulation distribution of trusts. Lines 17a Through 17z—Other See Line 17g under Instructions for Line 17m—Excise Tax on Insider Additional Taxes Schedule 2 in the Instructions for Stock Compensation From an Form 1040 for details on recapture of See Line 17a through Line 17z below a charitable contribution deduction Expatriated Corporation for details and exceptions. related to a fractional interest in See Line 17m under Instructions for tangible personal property. Schedule 2 in the Instructions for Line 17a—Recapture of Other Form 1040 for details on excise tax on Credits insider stock compensation from an expatriated corporation. See Line 17a under Instructions for Schedule 2 in the Instructions for Form 1040 for details on recapture of other credits. 34 Instructions for Form 1040-NR (2023) |
Page 35 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 17n—Look-Back Interest (Form 1040), line 2. Otherwise, see Under Section 167(g) or 460(b) Instructions for Schedule Form 1116 to see whether you can From Form 8697 or 8866 3 (Form 1040)—Additional take the credit. For details on foreign Credits and Payments income taxed by the United States, See Line 17n under Instructions for see Foreign Income Taxed by the Schedule 2 in the Instructions for General Instructions United States, earlier. Form 1040 for details on look-back As noted in Form 1040-NR Helpful Exception 3. If an estate or trust is interest under section 167(g) or Hints, earlier, use Schedule 3 (Form electing the foreign tax credit, the 460(b) from Form 8697 or 8866. 1040) if you have nonrefundable estate or trust must complete Form credits, other than the child tax credit 1116. Exception 2 above is only for Line 17o—Tax on Non-Effectively or the credit for other dependents, or individual taxpayers. Connected Income for Any Part of other payments and refundable credits. Exception 4. Only use the guidance the Year You Were a Nonresident for the filing status you checked at the Alien From Form 1040-NR Include the amount on Schedule 3, top of page 1 of Form 1040-NR. No line 8, in the amount entered on Form other guidance in Line 1 under Leave Schedule 2, line 17o, blank, 1040-NR, line 20. Instructions for Schedule 3 in the unless you’re a dual-status taxpayer. If Instructions for Form 1040 will apply you aren’t a dual-status taxpayer, Enter the amount on Schedule 3, to you. enter the tax on your noneffectively line 15, on Form 1040-NR, line 31. Exception 5. The discussion of Form connected income (that is, your When completing a line of 4563 and Puerto Rico sourced income not effectively connected with Schedule 3 (Form 1040), look to the income doesn’t apply to you. a U.S. trade or business) on Form instructions below for that line, which 1040-NR, line 23a. See Instructions may direct you to the Schedule 3 Line 2—Credit for Child and for Schedule NEC (Form 1040-NR), instructions found in the Dependent Care Expenses later. Instructions for Form 1040 for guidance. Line 17p—Any Interest From Form See Line 2 under Instructions for See the specific line Schedule 3 in the Instructions for 8621, Line 16f, Relating to ! instructions below for any Form 1040 for details on the credit for Distributions From, and CAUTION Exceptions. For example, child and dependent care expenses. Dispositions of, Stock of a Section see Line 1 below, which has five 1291 Fund exceptions. Also, only use the Line 3—Education Credits guidance for the filing status you Leave Schedule 2, line 17p, blank. checked at the top of page 1 of Form Leave Schedule 3 (Form 1040), line 3, Persons filing Form 1040-NR don’t file 1040-NR. No other guidance under blank. Persons filing Form 1040-NR Form 8621. Instructions for Schedule 3 in the cannot claim education credits. Instructions for Form 1040 will apply Line 17q—Any Interest From Form to you. Line 4—Retirement Savings 8621, Line 24 Specific Instructions Contributions Credit (Saver's Leave Schedule 2, line 17q, blank. Line 1—Foreign Tax Credit Credit) Persons filing Form 1040-NR don’t file Form 8621. See Line 1 under Instructions for See Line 4 under Instructions for Schedule 3 in the Instructions for Schedule 3 in the Instructions for Line 17z—Any Other Taxes Form 1040 for details on the foreign Form 1040 for details on the tax credit. retirement savings contributions credit See Line 17z under Instructions for (saver's credit). Schedule 2 in the Instructions for Exception 1. The TIP, requiring you Form 1040 for details on other taxes. to see the instructions for Forms 1040 Exception. Only use the guidance for and 1040-SR, line 16, doesn’t apply to the filing status you checked at the top you. You can’t make a section 962 of page 1 of Form 1040-NR. No other Line 20—Section 965 Net Tax guidance in Line 4 under Instructions election. Liability Installment From Form for Schedule 3 in the Instructions for 965-A Exception 2. If you meet all five Form 1040 will apply to you. requirements in Line 1 under Leave Schedule 2 (Form 1040), Instructions for Schedule 3 in the Line 5—Residential Energy Credits line 20, blank. Persons filing Form Instructions for Form 1040 and the 1040-NR can’t have a section 965 net income for which you’re taking the tax liability installment from Form foreign tax credit is income taxed by See Line 5 under Instructions for 965-A. the United States, enter on Schedule Schedule 3 in the Instructions for 3 (Form 1040), line 1, the smaller of Form 1040 for details on the (a) your total foreign taxes, or (b) the residential clean energy credit and the total of the amounts on Form energy efficient home improvement 1040-NR, line 16, and Schedule 2 credit. Instructions for Form 1040-NR (2023) 35 |
Page 36 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Lines 6a Through 6z—Other Line 6h—District of Columbia Line 6z—Other Nonrefundable Nonrefundable Credits First-Time Homebuyer Credit From Credits Form 8859 See Line 6a through Line 6z below for See Line 6z under Instructions for details and exceptions. See Line 6h under Instructions for Schedule 3 in the Instructions for Schedule 3 in the Instructions for Form 1040 for details on other Line 6a—General Business Credit Form 1040 for details on the District of nonrefundable credits. From Form 3800 Columbia first-time homebuyer credit from Form 8859. Line 9—Net Premium Tax Credit See Line 6a under Instructions for Schedule 3 in the Instructions for Line 6i—Qualified Electric Vehicle See Line 9 under Instructions for Form 1040 for details on the general Credit From Form 8834 Schedule 3 in the Instructions for business credit. Form 1040 for details on the net See Line 6i under Instructions for premium tax credit. Line 6b—Credit for Prior Year Schedule 3 in the Instructions for Exception. You can claim the Minimum Tax From Form 8801 Form 1040 for details on the qualified premium tax credit for dependents electric vehicle credit from Form 8834. only if you’re a U.S. national; a See Line 6b under Instructions for resident of Canada, Mexico, or South Schedule 3 in the Instructions for Line 6j—Alternative Fuel Vehicle Korea; or a student or a business Form 1040 for details on the credit for Refueling Property Credit From apprentice eligible for the benefits of prior year minimum tax from Form Form 8911 Article 21(2) of the United States– 8801. India Income Tax Treaty. See Line 6j under Instructions for If you’re filing Form 1040-NR and Line 6c—Adoption Credit From Schedule 3 in the Instructions for considered married for federal tax Form 8839 Form 1040 for details on the purposes, you can’t claim the net alternative fuel vehicle refueling premium tax credit unless you meet See Line 6c under Instructions for property credit from Form 8911. the criteria of one of the exceptions Schedule 3 in the Instructions for under Married taxpayers in the Form 1040 for details on the adoption Line 6k—Credit to Holders of Tax Instructions for Form 8962. credit from Form 8839. Credit Bonds From Form 8912 Line 10—Amount Paid With Line 6d—Credit for the Elderly or See Line 6k under Instructions for Request for Extension To File Disabled From Schedule R (Form Schedule 3 in the Instructions for 1040) Form 1040 for details on the credit to See Line 10 under Instructions for holders of tax credit bonds from Form Schedule 3 in the Instructions for Leave Schedule 3 (Form 1040), 8912. Form 1040 for details on the amount line 6d, blank. The credit for the paid with a request for extension to elderly or disabled from Schedule R Line 6l—Amount on Form 8978, file. does not apply to Form 1040-NR Line 14 Exception. The discussion of Form filers. 2350 does not apply to you. That form See Line 6l under Instructions for is for U.S citizens and resident aliens Line 6f—Clean Vehicle Credit From Schedule 3 in the Instructions for abroad. Form 8936 Form 1040 for details on the amount from Form 8978. Line 11—Excess Social Security See Line 6f under Instructions for Exception. If you use the Negative and Tier 1 RRTA Tax Withheld Schedule 3 in the Instructions for Form 8978 Adjustment Form 1040 for details on the clean Worksheet—Schedule 3 (Line 6l), you See Line 11 under Instructions for vehicle credit from Form 8936. will use the same line of Form Schedule 3 in the Instructions for 1040-NR that is used for Form 1040 or Form 1040 for details on excess social Line 6g—Mortgage Interest Credit 1040-SR. security and tier 1 RRTA tax withheld. From Form 8396 Exception. Only use the guidance for Line 6m—Credit for Previously See Line 6g under Instructions for the filing status you checked at the top Owned Clean Vehicles From Form Schedule 3 in the Instructions for of page 1 of Form 1040-NR. No other Form 1040 for details on the mortgage 8936 guidance in Line 11 under Instructions interest credit from Form 8396. for Schedule 3 in the Instructions for See Line 6m under Instructions for Form 1040 will apply to you. You can’t Schedule 3 in the Instructions for claim excess social security or tier 1 Form 1040 for details. RRTA tax withheld for your spouse. 36 Instructions for Form 1040-NR (2023) |
Page 37 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 12—Credit for Federal Tax on • Do not use Schedule A (Form The safe harbor applies if you meet Fuels 1040-NR) with Form 1040 or the following conditions. 1040-SR. Use Schedule A (Form 1. You made a cash contribution to See Line 12 under Instructions for 1040-NR) only with Form 1040-NR. an entity described in section 170(c). Schedule 3 in the Instructions for Use Schedule A (Form 1040) with 2. In return for the cash Form 1040 for details on the credit for Form 1040 or 1040-SR. contribution, you received a state or federal tax on fuels. • Use only these instructions when local income tax credit. completing Schedule A (Form Lines 13a Through 13z—Other 1040-NR). Don’t use the instructions 3. You must reduce your charitable for any other Schedule A. contribution amount by the amount of Payments or Refundable Credits the state or local income tax credit you • Don’t include on Schedule A (Form See Line 13b through Line 13z below 1040-NR) items deducted elsewhere, receive. for details and exceptions. such as on Form 1040-NR or If you meet these conditions, and to Schedule C, E, or F (Form 1040). the extent you apply the state or local Line 13b—Credit for Repayment of income tax credit to this or a prior Amounts Included in Income From Note. Except as provided in year's state or local income tax Exception next, include only liability, you may include this amount Earlier Years deductions and losses properly on line 1a. To the extent you apply a allocated and apportioned to income See Line 13b under Instructions for portion of the credit to offset your state effectively connected with a U.S. trade Schedule 3 in the Instructions for or local income tax liability in a or business. Don’t include deductions Form 1040 for details on the credit for subsequent year (as permitted by and/or losses that relate to exempt repayment of amounts included in law), you may treat this amount as income or to income that isn’t income from earlier years. state or local income tax paid in the effectively connected with a U.S. trade year the credit is applied. or business. See section 861(b). Line 13c—Elective Payment For more information about this Election From Form 3800 Exception. You can deduct certain safe harbor and examples, see Treas. charitable contributions and casualty Reg. 1.164-3(j). See Line 13c under Instructions for and theft losses even if they do not Line 1b. The deduction for state and Schedule 3 in the Instructions for relate to your effectively connected local taxes is generally limited to Form 1040 for details. income. See Gifts to U.S. Charities $10,000 ($5,000 if married filing and Casualty and Theft Losses, later. separately). On Schedule A (Form Line 13d—Deferred Amount of Net 1040-NR), line 1b, enter the amount Section 965 Tax Liability State and Local Income Taxes that is the smaller of state and local Line 1a. You can deduct state and income taxes from line 1a and Leave Schedule 3 (Form 1040), local income taxes you paid or that $10,000 ($5,000 if married filing line 13d, blank. Net section 965 were withheld from your salary during separately). inclusions don’t apply to Form 2023 on income connected with a Gifts to U.S. Charities 1040-NR filers. U.S. trade or business. If, during 2023, you received any refunds of, or credits Lines 2 Through 4 Line 13z—Other Payments or for, income tax paid in earlier years, Refundable Credits do not subtract them from the amount You can deduct contributions or gifts you deduct here. Also, don’t reduce you gave to U.S. organizations that See Line 13z under Instructions for your deduction by any state or local are religious, charitable, educational, Schedule 3 in the Instructions for income tax refund or credit you expect scientific, or literary in purpose. You Form 1040 for details on other to receive for 2023. Instead, see the can also deduct what you gave to U.S. payments and refundable credits. instructions for Schedule 1, line 1, organizations that work to prevent earlier, in these instructions. Exception. In Line 13z under cruelty to children or animals. Certain Instructions for Schedule 3 in the Safe harbor for certain charitable whaling captains may be able to Instructions for Form 1040, the contributions made in exchange deduct expenses paid in 2023 for discussion of section 960 doesn’t for a state or local income tax Native Alaskan subsistence bowhead apply to you. Persons filing Form credit. If you made a charitable whale hunting activities. See Pub. 526 1040-NR can’t claim that credit. contribution in exchange for a state or for details. local income tax credit and your charitable contribution deduction must To verify an organization's Instructions for be reduced as a result of receiving or charitable status, you can do the Schedule A (Form expecting to receive the tax credit, you following. 1040-NR)—Itemized may qualify for a safe harbor that • Check with the organization to allows you to treat some or all of the which you made the donation. The Deductions organization should be able to provide disallowed charitable contribution as a Before you begin: payment of state and local income you with verification of its charitable CAUTION! taxes. status. Instructions for Form 1040-NR (2023) 37 |
Page 38 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Use our online search tool at acknowledgment from the charitable See Safe harbor for certain IRS.gov/TEOS to see if an organization showing the information TIP charitable contributions made organization is eligible to receive in (1) and (2) next. in exchange for a state or local tax-deductible contributions. 1. The amount of any money income tax credit, earlier, under Examples of U.S. qualified charita- contributed and a description (but not Line 1a, if your cash contribution is ble organizations. Examples of U.S. value) of any property donated. disallowed because you received or expected to receive a credit. qualified charitable organizations 2. Whether the organization did or include the following. didn’t give you any goods or services • An amount paid to or for the benefit • Churches, mosques, synagogues, in return for your contribution. If you of a college or university in exchange temples, and other religious did receive any goods or services, a for the right to purchase tickets to an organizations. description and estimate of the value athletic event in the college’s or • Scouts BSA, Boys and Girls Clubs must be included. If you received only university's stadium. of America, CARE, Girl Scouts, intangible religious benefits (such as • Travel expenses (including meals Goodwill Industries, Red Cross, admission to a religious ceremony), and lodging) while away from home Salvation Army, and United Way. the organization must state this, but it performing donated services, unless • Fraternal orders, if the gifts will be doesn’t have to describe or value the there was no significant element of used for the purposes listed under benefit. personal pleasure, recreation, or Lines 2 Through 4, earlier. vacation in the travel. • Veterans' groups and certain In figuring whether a gift is $250 or Political contributions. • cultural groups. more, don’t combine separate Dues, fees, or bills paid to country • • Nonprofit hospitals and medical donations. For example, if you gave clubs, lodges, fraternal orders, or research organizations. your church $25 each week for a total similar groups, unless the contribution • Most nonprofit educational of $1,300, treat each $25 payment as or gift is to be used exclusively for organizations, such as colleges, but a separate gift. If you made donations religious, charitable, scientific, literary, only if your contribution isn’t a through payroll deductions, treat each or educational purposes, or for the substitute for tuition or other deduction from each paycheck as a prevention of cruelty to children or enrollment fees. separate gift. See Pub. 526 if you animals. • Federal, state, and local made a separate gift of $250 or more Cost of raffle, bingo, or lottery • governments if the gifts are solely for through payroll deduction. tickets. But you may be able to deduct public purposes. To be contemporaneous, you must these expenses on line 7. See Line 7, get the written acknowledgment from later, for more information on Amounts you can deduct. the charitable organization by the date gambling losses. Contributions can be in cash, you file your return or the due date property, or out-of-pocket expenses • Value of your time or services. (including extensions) for filing your you paid to do volunteer work for the • Value of blood given to a blood return, whichever is earlier. Don’t bank. kinds of organizations described attach the contemporaneous written earlier. If you drove to and from the • The transfer of a future interest in acknowledgment to your return. tangible personal property. Generally, volunteer work, you can take the Instead, keep it for your records. no deduction is allowed until the entire actual cost of gas and oil or 14 cents a mile. Add parking and tolls to the Limit on the amount you can de- interest has been transferred. amount you claim under either duct. See Pub. 526 to figure the • Gifts to individuals and groups that method, but don’t deduct any amount of your deduction if any of the are operated for personal profit. amounts that were repaid to you. following applies. • Gifts to foreign organizations. But you may be able to deduct gifts to Gifts from which you benefit. If you 1. Your cash contributions or certain U.S. organizations that transfer made a gift and received a benefit in contributions of ordinary income funds to foreign charities and certain return, such as food, entertainment, or property are more than 30% of the Canadian, Israeli, and Mexican merchandise, you can generally amount on Form 1040-NR, line 11. charities. For details and exceptions, deduct only the amount that is more 2. Your gifts of capital gain see Pub. 526. than the value of the benefit. But this property are more than 20% of the • Gifts to organizations engaged in rule doesn’t apply to certain amount on Form 1040-NR, line 11. certain political activities that are of membership benefits provided in 3. You gave gifts of property that direct financial interest to your trade or return for an annual payment of $75 or increased in value or gave gifts of the business. See section 170(f)(9). less or to certain items or benefits of use of property. • Gifts to groups whose purpose is to token value. For details, see Pub. 526. lobby for changes in the laws. Example. You paid $70 to a • Gifts to civic leagues, social and charitable organization to attend a Amounts you can’t deduct. sports clubs, labor unions, and fund-raising dinner and the value of • Certain contributions to charitable chambers of commerce. the dinner was $40. You can deduct organizations, to the extent that you • Value of benefits received in only $30. receive a state or local income tax connection with a contribution to a credit in return for your contribution. charitable organization. See Pub. 526 Gifts of $250 or more. You can See Pub. 526 for more details and for exceptions. deduct a gift of $250 or more only if exceptions. • Cost of tuition. you have a contemporaneous written 38 Instructions for Form 1040-NR (2023) |
Page 39 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 2—Gifts by Cash or Check property other than by cash or check gift of property, you should also keep is limited, see Pub. 526 to figure the reliable written records that include Enter on line 2 the total value of gifts amount you can deduct. Only enter on the following. you made in cash or by check line 3 the deductible value of your • How you figured the property's (including out-of-pocket expenses) contributions of property other than by value at the time you gave it. If the unless a limit on deducting gifts cash or check. value was determined by an appraisal, keep a signed copy of the appraisal. applies to you. For more information Valuing contributions of used about the limits on deducting gifts, see items. If you gave used items, such • The cost or other basis of the property if you must reduce it by any Limit on the amount you can deduct, as clothing or furniture, deduct their ordinary income or capital gain that earlier. If your deduction is limited, you fair market value at the time you gave would have resulted if the property may have a carryover to next year. them. Fair market value is what a had been sold at its fair market value. See Pub. 526 for more information. willing buyer would pay a willing seller Deduction for gifts by cash or when neither has to buy or sell and • How you figured your deduction if you chose to reduce your deduction check limited. If your deduction for both are aware of the conditions of the for gifts of capital gain property. the gifts you made in cash or by check sale. For more details on determining is limited, see Pub. 526 to figure the the value of donated property, see • Any conditions attached to the gift. amount you can deduct. Only enter on Pub. 561. If the gift of property is $250 or more, you must also have a line 2 the deductible value of gifts you Deductions more than $500. If the contemporaneous written made in cash or by check. amount of your deduction is more than acknowledgment from the charitable Recordkeeping. For any contribution $500, you must complete and attach organization. See Gifts of $250 or made in cash, regardless of the Form 8283. For this purpose, the more, earlier, for more information. amount, you must maintain as a “amount of your deduction” means Form 8283 doesn't satisfy the record of the contribution a bank your deduction before applying any contemporaneous written record (such as a canceled check or income limits that could result in a acknowledgment requirement, and a credit card statement) or a written carryover of contributions. contemporaneous written record from the charity. The written acknowledgment isn’t a substitute for Contribution of motor vehicle, record must include the name of the the other records you may need to boat, or airplane. If you deduct more charity, date, and amount of the keep if you gave property. than $500 for a contribution of a motor contribution. If you made contributions vehicle, boat, or airplane, you must through payroll deduction, see Pub. If your total deduction for gifts also attach a statement from the 526 for information on the records you ! of property is over $500, you charitable organization to your paper must keep. Don’t attach the record to CAUTION gave less than your entire return. The organization may use your tax return. Instead, keep it with interest in the property, or you made a Form 1098-C to provide the required your other tax records. qualified conservation contribution, information. your records should contain additional For contributions of $250 or more, information. See Pub. 526 for details. you must also have a Note. If your total deduction is over contemporaneous written $5,000 ($500 for certain contributions acknowledgment from the charitable of clothing and household items (see Line 4—Carryover From Prior Year organization. See Gifts of $250 or below)), you may also have to get more, earlier, for more information. appraisals of the values of the You may have contributions that you You will still need to keep a record of donated property. See Form 8283 and couldn’t deduct in an earlier year when you made the cash contribution its instructions for details. because they exceeded the limits on if the contemporaneous written the amount you could deduct. In most Contributions of clothing and acknowledgment doesn’t include that cases, you have 5 years to use household items. A deduction for information. contributions that were limited in an these contributions will be allowed earlier year. Generally, the same limits only if the items are in good used apply this year to your carryover Line 3—Other Than by Cash or condition or better. However, this rule amounts as applied to those amounts Check doesn’t apply to a contribution of any in the earlier year. However, carryover single item for which a deduction of amounts from contributions made in Enter on line 3 the total value of your more than $500 is claimed and for 2020 or 2021 are subject to a 60% contributions of property other than by which you include a qualified limitation if you deduct those amounts cash or check unless a limit on appraisal and Form 8283 with your tax in 2023. After applying those limits, deducting gifts applies to you. For return. more information about the limits on enter the amount of your carryover deducting gifts, see Limit on the Recordkeeping. If you gave that you’re allowed to deduct this year. amount you can deduct, earlier. If your property, you should keep a receipt or See Pub. 526 for details. deduction is limited, you may have a written statement from the carryover to next year. See Pub. 526 organization you gave the property to, Casualty and Theft Losses for more information. or a reliable written record, that shows the organization's name and address, Line 6—Casualty or Theft Loss(es) Deduction for gifts other than by the date and location of the gift, and a cash or check limited. If your description of the property. For each Complete and attach Form 4684 to deduction for the contributions of figure the amount of your loss. Only Instructions for Form 1040-NR (2023) 39 |
Page 40 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. enter the amount from Form 4684, qualified disaster loss on Form 4684, 4684, lines 32 and 38b, or Form 4797, line 18, on line 6. line 15, you can claim an increased line 18a. standard deduction using Schedule A Don’t enter a net qualified • Deduction for repayment of (Form 1040-NR) by doing the amounts under a claim of right if over ! disaster loss from Form 4684, following. $3,000. See Pub. 525 for details. CAUTION line 15, on line 6. Instead, enter that amount, if any, on line 7. 1. List the amount from Form • Certain unrecovered investment in See Line 7, later, for information about 4684, line 15, as “Net Qualified a pension. reporting a net qualified disaster loss. Disaster Loss” on the dotted line next • Impairment-related work expenses to and below line 7 of your Schedule A of a disabled person. (Form 1040-NR), and attach Form For more details, see Pub. 529. You may be able to deduct part or 4684 to your Schedule A (Form Total Itemized Deductions all of each loss caused by theft, 1040-NR). vandalism, fire, storm, or similar Line 8 causes; car, boat, and other 2. List your standard deduction accidents; and corrosive drywall. You amount as “Standard Deduction Enter the total of lines 1b, 5, 6, and 7 may also be able to deduct money Claimed With Qualified Disaster Loss” on line 8. Also enter this amount on you had in a financial institution but on the dotted line next to line 7. Form 1040-NR, line 12. lost because of the insolvency or 3. Combine the two amounts on bankruptcy of the institution. See Pub. line 7 of your Schedule A (Form 547 for the limitations. 1040-NR) and enter the sum on Form Instructions for 1040-NR, line 12. Schedule NEC (Form You can only deduct nonbusiness/ Don’t enter an amount on any 1040-NR)—Tax on Income Not Effectively Connected personal casualty or theft losses ! other line of Schedule A attributable to a federally declared CAUTION (Form 1040-NR). With a U.S. Trade or disaster and only to the extent that: Business 1. The amount of each separate Net qualified disaster loss report- casualty or theft loss is more than ing. If you have a net qualified Do not use Schedule NEC $100; and disaster loss on Form 4684, line 15, of ! (Form 1040-NR) with Form 2. The total amount of all losses property located in the United States, CAUTION 1040 or Form 1040-SR. Use during the year (reduced by the $100 list the amount from Form 4684, Schedule NEC (Form 1040-NR) only limit discussed in (1)) is more than line 15, on the dotted lines next to and with Form 1040-NR. 10% of the amount shown on Form below line 7 as "Net Qualified Disaster 1040-NR, line 11. Loss" and include with your other Enter your income in the row that miscellaneous deductions on line 7. lists the correct category of income An exception to the rule Also be sure to attach Form 4684. and in the column that lists the correct tax rate under a tax treaty or the ! limiting the deduction for Don't include your net general U.S. tax rules. Use column (d) CAUTION personal casualty and theft losses to federal casualty losses ! qualified disaster loss on if the income is subject to a 0% rate or applies where you have personal CAUTION line 6. if the rate isn’t listed in column (a), (b), casualty gains not attributable to a or (c). Include income only to the federally declared disaster. In this Only certain expenses can be extent it’s U.S. source and not case, you may deduct personal deducted on this line. List the type effectively connected with the conduct casualty losses that aren’t attributable and amount of each such expense on of a trade or business in the United to a federally declared disaster to the the dotted lines next to line 7 and States. extent they don't exceed your enter the total of these expenses on You can download the complete personal casualty gains. line 7. If you’re filing a paper return text of most U.S. tax treaties at and you can’t fit all your expenses on IRS.gov. Enter “tax treaties” in the See the Instructions for Form 4684, the dotted lines next to line 7, attach a search box and click on United States Casualties and Thefts, and Pub. 547, statement instead showing the type Income Tax Treaties - A to Z. Casualties, Disasters, and Thefts, for and amount of each expense. Enter more information. one total on line 7. Examples of these Withholding of tax at the source. expenses follow. Tax must be withheld at the source on Other Itemized Deductions • Gambling losses effectively income not effectively connected with Line 7—Other connected with a U.S. trade or a U.S. trade or business that is paid to business (gambling losses include, nonresident aliens. The withholding is Increased standard deduction re- but aren't limited to, the cost of generally at a 30% rate. The tax must porting for certain students and non-winning bingo, lottery, and raffle be withheld by the person who pays business apprentices from India. If tickets), but only to the extent of the income. For details, see Pub. 519, you’re a student or business gambling winnings reported on Pub. 515, and section 1441 and its apprentice from India who is eligible Schedule 1 (Form 1040), line 8b. regulations. for the benefits of Article 21(2) of the • Casualty and theft losses of Certain amounts paid for United States–India Income Tax income-producing property from Form guarantees of indebtedness issued Treaty, if you’re electing the standard after September 27, 2010, are U.S. deduction, and if you have a net source income. If the payments are 40 Instructions for Form 1040-NR (2023) |
Page 41 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. not made in connection with a U.S. 3. Original issue discount (OID). If and Pub. 515. For information on trade or business, tax must be you sold or exchanged the obligation, payments with respect to notional withheld. include in income the OID that principal contracts and equity-linked accrued while you held the obligation instruments, see Regulations section Exceptions. There are minus the amount previously included 1.871-15. exceptions to the general rule. The in income. If you received a payment withholding tax rate may be lower or Exceptions. The following items on an OID obligation, see Pub. 519. the income may be exempt if your of dividend income that you received country of tax residence and the 4. Capital gains in excess of as a nonresident alien are generally United States have a treaty setting capital losses from U.S. sources exempt from the 30% tax. lower rates. See Treaty Table 1, Tax during 2023. Include these gains only • Interest-related dividends received Rates on Income Other Than Personal if you were in the United States at from a mutual fund. Service Income Under Chapter 3, least 183 days during 2023. • Short-term capital gain dividends Internal Revenue Code, and Income 5. Prizes, awards, and certain from a mutual fund only if you were Tax Treaties, available at IRS.gov/ gambling winnings. Proceeds from present in the United States for less Individuals/International-Taxpayers/ lotteries, raffles, etc., are gambling than 183 days during the tax year. Tax-Treaty-Tables. winnings (see Pub. 519 for • If a U.S. corporation in existence The 30% tax applies only to exceptions). You must report the full beginning before January 1, 2011, amounts included in gross income. amount of your winnings unless you’re received 80% of its gross income from For example, the tax applies only to a resident of Canada. the active conduct of a foreign business, and continues to receive the part of a periodic annuity or See Lines 10a Through 10c 80% of its gross income from the pension payment that is subject to tax. TIP Gambling Residents of active conduct of a foreign business, It doesn’t apply to the part that is a Canada and Line 11 the part of the dividend attributable to return of your cost. Gambling Residents of Countries the foreign gross income. Other Than Canada, later. Categories of Noneffectively • U.S. source dividends paid by certain foreign corporations. Connected Income Lines 1a, 1b, and For more information, including other The following list gives only a general 1c—Dividends exceptions to withholding, see idea of the types of income to include Except as provided next, include all Dividends in Pub. 519 and Pub. 515. on Schedule NEC. The instructions for dividends paid by U.S. corporations a specific line include more on line 1a. Include all U.S. source Lines 2a Through 2c—Interest information and any exceptions to dividends paid by foreign corporations Include all interest on the appropriate withholding. For more information, see on line 1b. Include all dividend line 2a, 2b, or 2c. Pub. 519 and Pub. 515. equivalent payments received with Exceptions. The following items of 1. Income that is fixed or periodic, respect to section 871(m) transactions interest income that you received as a such as interest (see below for original on line 1c. A dividend includes a nonresident alien are generally issue discount), dividends, rents, substitute dividend payment made to exempt from the 30% tax. salaries, wages, premiums, annuities, the transferor of a security in a • Interest from a U.S. bank, savings other compensation, or certain U.S. securities lending transaction or a and loan association, or similar source alimony received (see the sale-repurchase transaction that institution, and from certain deposits Caution, later). Other items of income, would be treated as a dividend if it with U.S. insurance companies. such as royalties, may also be subject were a distribution on the transferred • Portfolio interest on obligations to the 30% tax. security. issued after July 18, 1984. 2. Gains, other than capital gains, Dividend equivalent payments. • Interest on any tax-exempt original from the sale or exchange of patents, U.S. source dividends also include issue discount (OID) such as state or copyrights, and other intangible dividend equivalent payments. local bonds. property. Dividend equivalent payments include Interest payments on foreign U.S source alimony you the following. ! bearer obligations (bonds not • Substitute dividends paid pursuant CAUTION issued in registered format CAUTION or separation agreement ! received pursuant to a divorce to a securities lending transaction, and held by non-U.S. holders) issued entered into on or before December sale-repurchase transaction, or on or after March 19, 2012, aren’t 31, 2018, is income on your 2023 substantially similar transaction; eligible for the portfolio interest Form 1040-NR unless that agreement • A payment that references a U.S. exception to withholding. was changed after December 31, source dividend made pursuant to a 2018, to expressly provide that specified notional principal contract For more information, including alimony you received isn't included in (NPC); or other exceptions to withholding, see your income. Alimony you received • A payment that references a U.S. Interest Income in Pub. 519 and isn’t included in your income if you source dividend made pursuant to a Interest in Pub. 515. entered into the divorce or separation specified equity-linked instrument agreement after December 31, 2018. (ELI). For more information, see Pub. 504. For more information on dividend equivalent payments, see Pub. 519 Instructions for Form 1040-NR (2023) 41 |
Page 42 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 6—Real Property Income Line 9—Capital Gain If you have winnings from and Natural Resources Enter the amount from Schedule NEC TIP blackjack, baccarat, craps, Royalties (Form 1040-NR), line 18. roulette, or big-6 wheel, and the casino gave you a Form 1042-S Enter income from real property on Lines 10a Through showing that tax was withheld, enter line 6. Don’t include any income that 10c—Gambling—Residents of these winnings on line 11, column (d), you elected to treat as effectively and enter 0% as the tax rate. You can connected and included on Schedule Canada claim a refund of the tax. 1 (Form 1040), line 5. For more If you’re a resident of Canada who information, see the instructions for isn’t engaged in the trade or business Schedule 1, line 5, earlier. of gambling, enter all gambling Line 12—Other winnings on line 10a. Include Include all U.S. source income that Line 8—Social Security proceeds from lotteries and raffles. Do hasn’t been reported on another line Benefits (and Tier 1 Railroad not include winnings from blackjack, or isn’t excluded from tax. Examples Retirement Benefits Treated as baccarat, craps, roulette, or big-6 include the following. Social Security) wheel. You can deduct your U.S. • Certain alimony payments you source gambling losses to the extent received (See the CAUTION under 85% of the U.S. social security and Categories of Noneffectively of your U.S. source gambling equivalent railroad retirement benefits Connected Income, earlier. winnings. Enter your gambling losses you received are taxable. This amount • Prizes and awards. on line 10b. Enter your net gambling is treated as U.S. source income not • Tax withheld pursuant to section income on line 10c, column (c). If line effectively connected with a U.S. trade 5000C on specified federal 10b is more than line 10a, enter -0- on or business. It is subject to the 30% procurement payments. line 10c. A net loss from gambling tax rate, unless exempt or taxed at a • Taxable distributions from an ABLE activities is not deductible. reduced rate under a U.S. tax treaty. account. For more information, see Social security benefits include any Line 11—Gambling—Residents Publication 907. monthly benefit under title II of the of Countries Other Than • Certain gains from the sale or Social Security Act or the part of a tier Canada exchange of any personal property. 1 railroad retirement benefit treated as a social security benefit. They don’t If you aren’t engaged in the trade or Note. Certain gains from the sale or include any Supplemental Security business of gambling and are a exchange or personal property are Income (SSI) payments. resident of a country that has a tax taxable regardless if you received a treaty with the United States, you may Form 1099-K for the transaction(s). You should receive a Form be exempt by treaty from paying tax For more information, see Pub. 519. If SSA-1042S showing the total social on gambling winnings. If your your gain is taxable, see the security benefits paid to you in 2023 gambling winnings are exempt by instructions for Schedule 1, line 24z, and the amount of any benefits you treaty, enter all gambling winnings on earlier. repaid in 2023. If you received railroad line 11, column (d), specifying 0%. retirement benefits treated as social You must know the terms of the tax Lines 16 Through 18—Capital security, you should receive a Form treaty between the United States and Gains and Losses From Sales RRB-1042S. the country of which you claim to be a or Exchanges of Property resident to properly claim an Enter 85% of the total amount from exemption from withholding. You can If you have capital gains and losses box 5 of all of your Forms SSA-1042S download the complete text of most from the sales or exchanges of and Forms RRB-1042S in the U.S. tax treaties at IRS.gov. Enter “tax property, consider the following. appropriate column of line 8 of treaties” in the search box and click on • Include these gains and losses only Schedule NEC. Attach a copy of each United States Income Tax Treaties - A if you were in the United States at Form SSA-1042S and RRB-1042S to to Z. least 183 days during 2023. They the front of Form 1040-NR. aren’t subject to U.S. tax if you were in If you aren’t engaged in the trade or the United States less than 183 days Social security information. Social business of gambling and are a during the tax year. security beneficiaries can get a variety resident of a country without a tax • In determining your net gain, don’t of information from the SSA website treaty with the United States or a use the capital loss carryover. with a my Social Security account, resident of a country with a tax treaty • Losses from sales or exchanges of including getting a replacement Form that doesn’t provide a reduced rate of, capital assets in excess of gains aren’t SSA-1099 or Form SSA-1042S if or exemption from, withholding for allowed. needed. For more information and to gambling winnings, enter all gambling • If you had a gain or loss on set up an account, go to SSA.gov/ winnings on line 11, column (c). disposing of a U.S. real property myaccount. interest, see Dispositions of U.S. Real Include proceeds from lotteries and Property Interests, earlier. Form RRB-1099 or Form raffles. Do not include winnings from • If you transferred an interest in a RRB-1042S. If you need a blackjack, baccarat, craps, roulette, or partnership that is either directly or replacement Form RRB-1099 or Form big-6 wheel. You can’t offset losses indirectly engaged in the conduct of a RRB-1042S, call the Railroad against winnings and report the trade or business within the United Retirement Board at 877-772-5772 or difference unless the winnings and States or holds any U.S. real property go to RRB.gov. losses are from the same session. 42 Instructions for Form 1040-NR (2023) |
Page 43 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. interests, see the Instructions for • J-1 Exchange Visitor. present in the United States during Schedule P (Form 1040-NR), later. the years listed. Generally, a day of If you don’t have a visa, enter your presence is any day that you’re Include all applicable gains U.S. immigration status on the last day physically present in the United States ! regardless of whether you of the tax year. For example, if you at any time during the 24-hour period CAUTION received a Form 1099-K from entered under the visa waiver beginning at 12:01 a.m. For the list of a third party settlement organization or program, enter “VWP” and the name exceptions to the days you must count a credit card company. of the Visa Waiver Program Country. as actually present in the United If you were present in the United States, see Substantial Presence Test Instructions for States on the last day of the tax year, and Days of Presence in the United and you have no U.S. immigration States in chapter 1 of Pub. 519. If you Schedule OI (Form status, enter “Present in U.S.—No weren’t in the United States on any 1040-NR) U.S. immigration status.” If you weren’t day of the year, enter -0-. Other Information present in the United States on the Item I last day of the tax year, and you have If you filed a U.S. income tax return for Do not use Schedule OI no U.S. immigration status, enter “Not a prior year, enter the latest year for ! (Form 1040-NR) with Form present in U.S.—No U.S. immigration CAUTION 1040 or Form 1040-SR. Use which you filed a return and the form status.” Schedule OI (Form 1040-NR) only number you filed. with Form 1040-NR. Item F Item J Answer all questions. If you ever changed your visa type or If you’re filing this return for a trust, U.S. immigration status, check the check the first “Yes” box. Check the Item A “Yes” box. For example, you entered second “Yes” box if you checked the the United States in 2022 on an F-1 first “Yes” box and at least one of the List all countries of which you were a visa as an academic student. On following statements applies to the citizen or national during the tax year. August 21, 2023, you changed to an trust. Item B H-1B visa as a teacher. You will check List the foreign country in which you the “Yes” box and enter on the dotted • The trust (or any part of the trust) is treated as a grantor trust under the claimed residence for federal tax line “Changed status from F-1 student grantor trust rules (sections 671 purposes during the tax year. to H-1B teacher on August 21, 2023.” through 679), whether or not the Item C Item G person who is treated as the owner of If you’ve ever completed immigration Enter the dates you entered and left the trust is a U.S. person. Form I-485 and submitted the form to the United States during 2023 on • The trust made a distribution or the U.S. Citizenship and Immigration short business trips or to visit family, loan to a U.S. person during the tax Services, or have ever completed a go on vacation, or return home briefly. year. A distribution (direct or indirect) Form DS-230 or Form DS-260 and If necessary, attach another page to or loan includes the uncompensated submitted it to the Department of list the additional dates. use of trust property (section 643(i)(2) (E)). State, you’ve applied to become a If you’re a resident of Canada or • The trust received a contribution Green Card holder (lawful permanent Mexico and commute to work in the from a U.S. person during the tax year. resident) of the United States. As of United States on more than 75% of September 1, 2013, the electronic the workdays during your working See the Instructions for Form 3520. DS-260, Online Immigrant Visa period, you’re a regular commuter and A U.S. person is a U.S. citizen or Application and Registration, replaced don’t need to enter the dates you resident alien, a domestic partnership, the paper-based DS-230, Application entered and left the United States a domestic corporation, any estate for Immigrant Visa and Alien during the year. Commute means to other than a foreign estate, a domestic Registration, for all immigrant visa travel to work and return to your trust, or any other person who isn’t a applications. residence within a 24-hour period. foreign person. See Pub. 519 for more Item D Check the appropriate box for Canada information. or Mexico and skip to item H. See If you checked “Yes” for D1 or D2, you Item K Days of Presence in the United States may be a U.S. tax expatriate and If you received total compensation of in chapter 1 of Pub. 519. special rules may apply to you. See $250,000 or more for 2023, check the Expatriation Tax in chapter 4 of Pub. If you were in the United States on first “Yes” box. If you checked the first 519 for more information. January 1, 2023, enter “01/01/23” as “Yes” box, check the second “Yes” box the first date you entered the United Item E if you’re using an alternative method to States. If you were in the United determine the source of the If you had a visa on the last day of the States on December 31, don’t enter compensation. Total compensation tax year, enter your visa type. any date departed. includes all compensation from Examples include the following. • B-1 Temporary Business Visitor. Item H sources within and outside the United States. • F-1 Academic Student. Review your entry and passport • H-1B Person in Specialty stamps or other records to count the If you check the second “Yes” box, Occupation. number of days you were actually you must attach a statement to your Instructions for Form 1040-NR (2023) 43 |
Page 44 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. return. For details about the statement September 2022, when Andrea report certain information on Form and the alternative method, see moved to the United States to accept 8833 and attach it to Form 1040-NR. Services Performed Partly Within and a position as a high school teacher at If you fail to report the required Partly Outside the United States, an accredited public school. Andrea information, you will be charged a earlier. came to the United States on a J-1 penalty of $1,000 for each failure, visa (Exchange Visitor) and signed a unless you show that such failure is Item L contract to teach for 2 years at this due to reasonable cause and not If you’re claiming exemption from U.S. school. Andrea began teaching willful neglect. For more details, see income tax under a U.S. income tax in September 2022 and plans to Form 8833 and its instructions. treaty with a foreign country on Form continue teaching through May 2024. 1040-NR, you must provide all the Andrea's salary per school year is Exceptions. You don’t have to file information requested in item L. $40,000. Andrea plans to return to Form 8833 for any of the following. Line 1. If you’re a resident of a treaty Italy in June 2024 and resume See Pub. 519 for more items. country (that is, you qualify as a Andrea’s Italian residence. For 1. You claim a treaty that reduces resident of that country within the calendar year 2023, Andrea earned the withholding tax on interest, meaning of the tax treaty between the $40,000 from the teaching position, dividends, rents, royalties, or other United States and that country), you which is exempt from income tax per fixed or determinable annual or must know the terms of the tax treaty the tax treaty between the United periodic income ordinarily subject to between the United States and that States and Italy. the 30% rate. country to properly complete item L. For tax year 2023, Andrea 2. You claim a treaty that reduces You can download the complete text completes Schedule OI, item L, by or modifies the taxation of income of most U.S. tax treaties at IRS.gov. entering “Italy” in column (a); the from dependent personal services, Enter “tax treaties” in the search box applicable tax treaty article, “20,” in pensions, annuities, social security and click on United States Income Tax column (b); the number of months of and other public pensions, or income Treaties - A to Z. Technical treaty-exempt income in prior years, of artists, athletes, students, trainees, explanations for many of those “4,” in column (c); and the amount of or teachers. This includes taxable treaties are also available at that site. exempt income in the current tax year, scholarship and fellowship grants. “$40,000,” in column (d). Andrea will Column (a), Country. Enter the 3. You claim an international social report the total amount of exempt treaty country that qualifies you for security agreement (often called a income in row (e), “$40,000,” on Form treaty benefits. totalization agreement), or a 1040-NR, line 1k. diplomatic or consular agreement, Column (b), Tax treaty article. Line 2. Check “Yes” if you were reduces or modifies the taxation of Enter the number of the treaty article subject to tax in a foreign country on income. that exempts the income from U.S. any of the income reported in line 1, 4. You’re a partner in a partnership tax. column (d). or a beneficiary of an estate or trust Column (c), Number of months Line 3. Check “Yes” if you’re claiming that reports the required information claimed in prior tax years. Enter tax treaty benefits pursuant to a on its return. the number of months in prior tax Competent Authority determination 5. The payments or items of years for which you claimed an allowing you to do so. You must attach income that are otherwise required to exemption from U.S. tax based on the to your tax return a copy of the be disclosed total no more than specified treaty article. Competent Authority determination $10,000. Column (d), Amount of exempt letter. Item M income in current tax year. Enter If you’re claiming tax treaty Line 1. Check the box if 2023 is the the amount of income in the current ! benefits and you failed to first year you’re making an election to tax year that is exempt from U.S. tax CAUTION submit adequate based on the specified treaty article. documentation to a withholding agent, treat income from real property Line (e), Total. Add the amounts you must attach to your tax return all located in the United States as in column (d). Enter the total on information that would’ve otherwise effectively connected with a U.S. trade Schedule OI (Form 1040-NR), item L, been required on the withholding tax or business under section 871(d). The line 1e, and on Form 1040-NR, document (for example, all information election applies to all income from real page 1, line 1k. Do not include this required on Form W-8BEN property located in the United States amount on any other line of the Form (Individuals), Form W-8BEN-E and held for the production of income 1040-NR. (Entities), or Form 8233). and to all income from any interest in that property. Attach any Form 1042-S you Treaty-based return position dis- The election will remain effective received for treaty-exempt income to closure. If you take the position that for all future tax years unless you Form 1040-NR, page 1. If required, a treaty of the United States overrides revoke it. See Income From Real also attach Form 8833. See or modifies any provision of the Property in chapter 4 of Pub. 519 for Treaty-based return position Internal Revenue Code and that more details on how to make and disclosure, later. position reduces (or potentially revoke this election. Example. Andrea is a citizen of reduces) your tax, you must generally Line 2. Check the box if: Italy and was a resident there until 44 Instructions for Form 1040-NR (2023) |
Page 45 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 1. You’ve made an election in a from a partnership to a partner to the If you’re required to complete previous tax year to treat income from extent that gain or loss is recognized ! this schedule but didn't real property located in the United on the distribution, as well as a CAUTION receive a Schedule K-3 (Form States as effectively connected with a transfer treated as a sale or exchange 1065), you will need to contact the U.S. trade or business under section under section 707(a)(2)(B). This partnership to obtain a copy. 871(d), and requirement applies to transfers that • If you received a Form 8308 from 2. You haven’t revoked that occurred on or after November 27, the partnership, use the information election. 2017. from Form 8308, Part IV, lines 2 and 3, Similarly, section 897(g) requires to complete Schedule P (Form Instructions for that if a transferor disposes of an 1040-NR), Part II, lines 10 and 11, Schedule P (Form interest in a partnership that directly or respectively. The partnership may not indirectly holds U.S. real property have provided a Form 8308 to you if 1040-NR)—Foreign interests, the amount received that is no amount is reported on Partner’s Interests in attributable to the partnership’s U.S. Schedule K-3 (Form 1065), Part XIII, Certain Partnerships real property interests is considered line 1. Transferred During Tax received from the sale or exchange of • If you didn't receive a Form 8308 U.S. real property interests. As a and an amount is reported on line 4 or Year result, that portion of the gain or loss 5 of Schedule K-3 (Form 1065), Part Do not use Schedule P (Form must be included in determining the XIII, refer to Schedule K-1 (Form transferor’s U.S. trade or business 1065), Part III, box 20, Other ! 1040-NR) with Form 1040 or Information, and: CAUTION Form 1040-SR. Use income. Schedule P (Form 1040-NR) only with 1. If an amount is reported in Form 1040-NR. Filing Exceptions box 20 with code AC, Section 1(h)(5) gain (loss), enter the amount on General Instructions • Don’t file Schedule P (Form Schedule P (Form 1040-NR), Part II, 1040-NR) if you haven’t transferred an line 10. Purpose of Schedule interest in a partnership that is either 2. If an amount is reported in directly or indirectly engaged in the box 20 with code AD, Deemed section Schedule P (Form 1040-NR) is used conduct of a trade or business within 1250 unrecaptured gain, enter the by a nonresident alien, foreign trust, or the United States or holds any U.S. amount on Schedule P (Form foreign estate (“transferor”) to report real property interests. 1040-NR), Part II, line 11. information and calculate gain or loss • Don’t complete Schedule P (Form regarding its transfer of an interest in a 1040-NR), Part II, if you transferred an Specific Instructions partnership that is either directly or interest in a partnership that is either indirectly engaged in the conduct of a directly or indirectly engaged in trade Part I—Foreign Partner’s trade or business within the United or business within the United States Interests in Certain States or holds any U.S. real property and, pursuant to an applicable income Partnerships Transferred interests. tax treaty, all of the gain or loss from During Tax Year the transfer of the partnership interest Who Must Complete Schedule P is attributable to assets, other than Report the transfer for up to four real property, that don’t form part of a partnership interests on the Complete Schedule P (Form U.S. permanent establishment or fixed Schedule P (Form 1040-NR). If you’re 1040-NR) only if you transferred a place of business, and you file a required to report your transfer of partnership interest subject to section protective tax return under more than four partnership interests 864(c)(8) or 897(g). For more Regulations section 1.874-1(b)(6). on Schedule P (Form 1040-NR), information, see Pub. 519 and Pub. See also the instructions for Form report the required information for 541, Partnerships. 8833. those additional transfers on attached separate sheets using the same size Section 864(c)(8) provides that if a How To Complete the Schedule P and format as shown on the schedule. foreign transferor owns, directly or Entities treated as partnerships for indirectly, an interest in a partnership • Use the information from the federal tax purposes include limited that is engaged in the conduct of a Schedule K-3 (Form 1065) you liability partnerships (LLPs) and trade or business within the United received from the partnership. For limited liability companies (LLCs) that States, the gain or loss recognized by example, you will use Part XIII of the aren’t classified as corporations for the foreign transferor on the transfer of Schedule K-3 (Form 1065) to federal income tax purposes and may all (or any portion) of the interest is complete lines 4, 6, 7, 13, 14, and 18 be domestic or foreign. Don’t include treated as an effectively connected of Schedule P (Form 1040-NR), Part any interest in any entity treated as a gain or loss, limited to the partner’s II. disregarded entity as described under allocable share of the gain or loss on a Regulations section 301.7701-2(c)(2). deemed sale of the partnership’s U.S. trade or business assets. A transfer Part I provides information means a sale, exchange, or other regarding each partnership interest disposition, and includes a distribution that was transferred during the tax Instructions for Form 1040-NR (2023) 45 |
Page 46 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. year. Use a separate line for each recognized short-term or long-term distributed), and the reduction in your partnership interest transferred during gain or loss, as appropriate. share of partnership liabilities. the year. If multiple interests in the same partnership were transferred Column (f) Line 2 during the year, report each on a separate line. For each entry in Part I, Enter the date the partnership interest Enter your outside basis, as defined lines A through D, complete an entry was transferred. under section 705, in the partnership in the corresponding column A interest as of the date of the transfer. through D of Part II. Part II—Foreign Partner’s Gain See section 705 for the determination or Loss on Transfer of Interests If you're only required to of the adjusted basis of a partnership in Certain Partnerships interest. If you didn’t transfer your ! complete Part I for a entire interest in the partnership, enter CAUTION transaction (see Filing Before You Begin Exceptions, earlier), leave the your adjusted basis in the portion of corresponding column blank in Part II. • Complete lines 1 through 9 if your the partnership interest that was For example, you would enter Schedule K-3 (Form 1065), Part XIII, transferred. information for a transaction on Part I, includes information on lines 1 line A, but leave Part II, column A, through 6 because the transfer of your Line 3 blank, even if you’re required to report partnership interest resulted in a a second transaction in Part I, column section 864(c)(8) ordinary or capital Subtract line 2 from line 1. B. gain or loss. • Also, complete lines 10 through 17 Line 4 if the transfer of that partnership Columns (a), (b), and (c) interest resulted in a long-term capital Enter the amount from Schedule K-3 gain or loss, and a collectibles gain or (Form 1065), Part XIII, line 1. List the name, address, and employer loss under section 1(h)(5) and/or an identification number (EIN) of each unrecaptured section 1250 gain under The amount you report on directly or indirectly owned section 1(h)(6). TIP line 4 for a specific transaction partnership interest if (1) the transfer • Complete lines 1 through 3 and will also match the related of the interest resulted in gain or loss line 18 if your Schedule K-3 (Form Schedule K-1 (Form 1065), Part III, under section 864(c)(8) or 1065), Part XIII, includes information box 20, code AB, and Form 8308, Part Regulations section 1.864(c)(8)-1, or on line 7, if upon the transfer of your IV, line 1, if you received these forms (2) the transfer of the interest resulted partnership interest, the partnership is from the partnership. in gain or loss solely under section deemed to have sold only U.S. real 897(g). property interests as defined under Line 5 section 897(c)(1). For more Columns (d)(1) and (d)(2) information, see the line 18 Subtract line 4 from line 3. If line 4 is instructions, later. less than zero (that is, a loss), treat Enter either the percentage interest in Use the column in Part II, the number entered on line 4 as positive and add that number to the in the partnership that you transferred CAUTION corresponds to the line in Part the partnership or the number of units ! columns A through D, that amount reported on line 3. Enter the in column (d)(1) or (d)(2), respectively. I, lines A through D, on which the result on line 5. If you received a distribution but your transferred partnership interest is ownership interest in the partnership listed. Line 6 remains unchanged, enter -0- in the relevant column (d)(1) or (d)(2). Enter the amount from Schedule K-3 Line 1 The information you report in (Form 1065), Part XIII, line 2. TIP column (d)(1) or (d)(2) for a Enter the amount you realized from specific transaction should the transfer of the partnership interest. Line 7 match the related Schedule K-3 (Form The amount you realized includes the 1065), Part XIII, item B1 or B2. amount of cash paid (or to be paid), Enter the amount from Schedule K-3 the fair market value of other property (Form 1065), Part XIII, line 3. Column (e) transferred (or to be transferred), the amount of any liabilities assumed by Line 8 the transferee or to which the Enter the date(s) your partnership partnership interest is subject, and the Enter the smaller of line 4 or 6. When interest was acquired. If the reduction in your share of partnership determining which amount is smaller, partnership interest you transferred liabilities. In the case of a distribution, treat both amounts as positive was obtained through multiple the amount you realized is the sum of numbers. However, enter -0- on line 8 acquisitions, you must report the the amount of cash distributed (or to if either of the following is true. transfer of each acquired interest in a be distributed), the fair market value of • Line 4 is zero or less and line 6 is separate row with its respective property distributed (or to be greater than zero. acquisition date in column (e). Each • Line 4 is greater than zero and reported transfer may result in a line 6 is zero or less. 46 Instructions for Form 1040-NR (2023) |
Page 47 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Report this portion of the transfer Line 10 line 10 and any unrecaptured section on Form 4797, Part II, line 10. Enter 1250 gain on line 11. If the amount the information from Part I, columns Complete lines 10 through 17 only if entered on line 16 is from line 15, then (a) and (c), on Form 4797, line 10, the capital gain or loss on line 5 is include in income any collectibles gain column (a). Enter the information from long term and an amount was on line 13 and any unrecaptured Part I, columns (e) and (f), on Form reported on your Schedule K-3 (Form section 1250 gain on line 14. See 4797, line 10, columns (b) and (c), 1065), Part XIII, line 4 or 5, or in Forms 4797 and 8949, Schedule D respectively. Enter the amount from Schedule K-1 (Form 1065), Part III, (Form 1040), and their related Part II, line 8, on Form 4797, line 10, box 20, for code AC or AD. See the instructions for reporting any column (g). second bullet under Before You Begin, collectibles gain or unrecaptured earlier. section 1250 gain. Line 9 Enter the amount of deemed Line 17 Enter the smaller of line 5 or 7. When outside collectibles gain under section determining which amount is smaller, 1(h)(5) from Form 8308, Part IV, line 2, Subtract line 16 from line 9. Report treat both amounts as positive column (c), or from Schedule K-1 this portion of the transfer on Form numbers. However, enter -0- on line 9 (Form 1065), Part III, box 20, code AC. 8949, Part II, and check box (F). if either of the following is true. Enter: • Line 5 is zero or less and line 7 is Line 11 • "From Schedule P (Form 1040-NR)" greater than zero. on Form 8949, column (a); • Line 5 is greater than zero and Enter the amount of deemed outside • The information from Part I, line 7 is zero or less. unrecaptured section 1250 gain under columns (e) and (f), on Form 8949, section 1(h)(6) from Form 8308, Part columns (b) and (c), respectively; Report this portion of the transfer IV, line 3, column (c), or from • The amounts from Part II, lines 1 on Form 8949, Part I, if the transfer is Schedule K-1 (Form 1065), Part III, and 2, on Form 8949, columns (d) and a short-term capital gain or loss, and box 20, code AD. (e), respectively; Part II, if the transfer is a long-term • The amount from Part II, line 17, on capital gain or loss, and check box (C) Line 12 Form 8949, column (h); on Part I or box (F) on Part II, as • On Form 8949, column (g), as an applicable. Enter: Add lines 10 and 11. adjustment of the difference between • "From Schedule P (Form 1040-NR)" outside gain or loss (column (d) minus on Form 8949, column (a); column (e)) and recognized capital • The information from Part I, Line 13 gain or loss (column (h)), if applicable; columns (e) and (f), on Form 8949, and columns (b) and (c), respectively; Enter the amount of the aggregate • The amounts from Part II, lines 1 effectively connected collectibles gain • Code "P" on Form 8949, column (f), and 2, on Form 8949, columns (d) and that would be recognized on the if you entered an amount on Form (e), respectively; deemed sale of section 1(h)(5) 8949, column (g). • The amount from Part II, line 9, on collectible assets from Schedule K-3 If this is an installment sale, use Form 8949, column (h); (Form 1065), Part XIII, line 4. Form 6252. • On Form 8949, column (g), as an adjustment of the difference between Line 14 Line 18 outside gain or loss (column (d) minus column (e)) and recognized capital Enter the amount of the aggregate Enter the amount from Schedule K-3 gain or loss (column (h)), if applicable; effectively connected unrecaptured (Form 1065), Part XIII, line 7. and section 1250 gain that would be Complete this line if the partnership is • Code "P" on Form 8949, column (f), recognized on the deemed sale of deemed to have sold only U.S. real if you entered an amount on Form section 1(h)(6) gain assets from property interests as defined under 8949, column (g). Schedule K-3 (Form 1065), Part XIII, section 897(c)(1). Under these line 5. circumstances, there should be no If this is an installment sale, use entries on lines 1 through 6 and 8 of Form 6252. Line 15 Schedule K-3 (Form 1065), Part XIII. If there’s a long-term capital Enter this amount on Form 8949, Add lines 13 and 14. Form 4797, and Schedule D, as CAUTION you’re required to complete ! gain or loss on line 5 and appropriate. If this is an installment lines 10 through 17, don’t enter this Line 16 sale, use Form 6252. long-term capital gain or loss on Form You will need to contact the 8949. You will redetermine this If the amount entered on line 9 is from partnership if there are entries amount on line 17. line 5, then enter the amount from CAUTION! on other lines of the line 12. If the amount entered on line 9 Schedule K-3 (Form 1065), Part XIII, is from line 7, then enter the amount in addition to line 7. from line 15. If the amount entered on line 16 is from line 12, then include in income any collectibles gain on Instructions for Form 1040-NR (2023) 47 |
Page 48 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. is subject to the Paperwork Reduction Please keep this notice with your Tax Topics Act unless the form displays a valid records. It may help you if we ask you All topics are available in Spanish OMB control number. Books or for other information. If you have any (and most topics are available in records relating to a form or its questions about the rules for filing and Chinese, Korean, Vietnamese, and instructions must be retained as long giving information, call or visit any Russian). as their contents may become Internal Revenue Service office. You can read these Tax Topics at material in the administration of any IRS.gov/TaxTopics. Internal Revenue law. We Welcome Comments on Forms Tax information for aliens. We ask for tax return information to We try to create forms and • 851—Resident and Nonresident carry out the tax laws of the United instructions that can be easily Aliens. States. We need it to figure and understood. Often, this is difficult to • 856—Foreign Tax Credit. collect the right amount of tax. do because our tax laws are very • 857—Individual Taxpayer complex. For some people with If you do not file a return, do not Identification Number (ITIN)—Form income mostly from wages, filling in provide the information we ask for, or W-7. the forms is easy. For others who have provide fraudulent information, you • 858—Alien Tax Clearance. businesses, pensions, stocks, rental may be charged penalties and be subject to criminal prosecution. We income, or other investments, it’s Disclosure, Privacy Act, may also have to disallow the more difficult. and Paperwork Reduction exemptions, exclusions, credits, We welcome your comments about deductions, or adjustments shown on these instructions and your Act Notice the tax return. This could make the tax suggestions for future editions. You The IRS Restructuring and Reform Act higher or delay any refund. Interest can send us comments through of 1998, the Privacy Act of 1974, and may also be charged. IRS.gov/FormComments. Or you can the Paperwork Reduction Act of 1980 write to the: require that when we ask you for Generally, tax returns and return information we must first tell you our information are confidential, as stated Internal Revenue Service legal right to ask for the information, in Code section 6103. However, Code Tax Forms and Publications why we are asking for it, and how it will section 6103 allows or requires the 1111 Constitution Ave. NW be used. We must also tell you what Internal Revenue Service to disclose IR-6526 could happen if we do not receive it or give the information shown on your Washington, DC 20224 and whether your response is tax return to others as described in the U.S.A. voluntary, required to obtain a benefit, Code. For example, we may disclose or mandatory under the law. your tax information to the Department Don't send your Form 1040-NR to This notice applies to all records of Justice, to enforce the tax laws, this address. Instead, see Where To and other material (in paper or both civil and criminal, and to cities, File, earlier. electronic format) you file with us, states, the District of Columbia, and including this tax return. It also applies U.S. commonwealths or territories to Although we can’t respond to any questions we need to ask you carry out their tax laws. We may individually to each comment so we can complete, correct, or disclose your tax information to the received, we do appreciate your process your return; figure your tax; Department of Treasury and feedback and will consider your and collect tax, interest, or penalties. contractors for tax administration comments as we revise our tax forms purposes; and to other persons as and instructions. Our legal right to ask for information necessary to obtain information Estimates of Taxpayer Burden is Internal Revenue Code sections needed to determine the amount of or 6001, 6011, and 6012(a), and their to collect the tax you owe. We may Reported time and cost burdens are regulations. They say that you must disclose your tax information to the national averages and don’t file a return or statement with us for Comptroller General of the United necessarily reflect a “typical” case. any tax you are liable for. Your States to permit the Comptroller The estimated average time burden response is mandatory under these General to review the Internal for all taxpayers filing a Form 1040-NR sections. Code section 6109 requires Revenue Service. We may disclose is 13 hours, with an average cost of you to provide your identifying number your tax information to committees of $270 (see the amount in the table on the return. This is so we know who Congress; federal, state, and local below), per return. This average you are, and can process your return child support agencies; and to other includes all related forms and and other papers. You must fill in all federal agencies for purposes of schedules, across all preparation parts of the tax form that apply to you. determining entitlement for benefits or methods and taxpayer activities. But you do not have to check the the eligibility for and the repayment of Within these estimates, there is boxes for the Presidential Election loans. We may also disclose this significant variation in taxpayer Campaign Fund or for the third-party information to other countries under a activity. designee. You also do not have to tax treaty, to federal and state Out-of-pocket costs include any provide your daytime phone number agencies to enforce federal nontax expenses incurred by taxpayers to or email address. criminal laws, or to federal law prepare and submit their tax returns. You are not required to provide the enforcement and intelligence Examples include tax return information requested on a form that agencies to combat terrorism. preparation and submission fees, 48 Instructions for Form 1040-NR (2023) |
Page 49 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. postage and photocopying costs, and taxpayer, the type of professional contact us at either one of the tax preparation software costs. Tax preparer, and the geographic area. addresses shown under We Welcome preparation fees vary widely If you have comments concerning Comments on Forms, earlier. depending on the tax situation of the the time and cost estimates, you can Taxpayer Bill of Rights All taxpayers have fundamental rights they should be aware of when dealing with the IRS. The Taxpayer Bill of Rights, which the IRS adopted in June of 2014, takes existing rights in the tax code and groups them into the following 10 broad categories, making them easier to understand. Explore your rights and our obligations to protect them. The right to be informed. Taxpayers have the right to know what they need to do to comply with the tax laws. They are entitled to clear explanations of the laws and IRS procedures in all tax forms, instructions, publications, notices, and correspondence. They have the right to be informed of IRS decisions about their tax accounts and to receive clear explanations of the outcomes. The right to quality service. Taxpayers have the right to receive prompt, courteous, and professional assistance in their dealings with the IRS, to be spoken to in a way they can easily understand, to receive clear and easily understandable communications from the IRS, and to speak to a supervisor about inadequate service. The right to pay no more than the correct amount of tax. Taxpayers have the right to pay only the amount of tax legally due, including interest and penalties, and to have the IRS apply all tax payments properly. The right to challenge the IRS's position and be heard. Taxpayers have the right to raise objections and provide additional documentation in response to formal IRS actions or proposed actions, to expect that the IRS will consider their timely objections and documentation promptly and fairly, and to receive a response if the IRS does not agree with their position. The right to appeal an IRS decision in an independent forum. Taxpayers are entitled to a fair and impartial administrative appeal of most IRS decisions, including many penalties, and have the right to receive a written response regarding the IRS Independent Office of Appeals’ decision. Taxpayers generally have the right to take their cases to court. The right to finality. Taxpayers have the right to know the maximum amount of time they have to challenge the IRS’s position as well as the maximum amount of time the IRS has to audit a particular tax year or collect a tax debt. Taxpayers have the right to know when the IRS has finished an audit. The right to privacy. Taxpayers have the right to expect that any IRS inquiry, examination, or enforcement action will comply with the law and be no more intrusive than necessary, and will respect all due process rights, including search and seizure protections, and will provide, where applicable, a collection due process hearing. The right to confidentiality. Taxpayers have the right to expect that any information they provide to the IRS will not be disclosed unless authorized by the taxpayer or by law. Taxpayers have the right to expect appropriate action will be taken against employees, return preparers, and others who wrongfully use or disclose taxpayer return information. The right to retain representation. Taxpayers have the right to retain an authorized representative of their choice to represent them in their dealings with the IRS. Taxpayers have the right to seek assistance from a Low Income Taxpayer Clinic if they cannot afford representation. The right to a fair and just tax system. Taxpayers have the right to expect the tax system to consider facts and circumstances that might affect their underlying liabilities, ability to pay, or ability to provide information timely. Taxpayers have the right to receive assistance from the Taxpayer Advocate Service if they are experiencing financial difficulty or if the IRS has not resolved their tax issues properly and timely through its normal channels. Learn more at IRS.gov/TaxpayerRights. Estimates of Taxpayer Burden The table shows burden estimates as of November 2023 for taxpayers filing a 2023 Form 1040-NR tax return. Form Average Time Burden (Hours) Average Cost* 1040-NR 13 $270 * Dollars rounded to the nearest $10. Instructions for Form 1040-NR (2023) 49 |
Page 50 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 2023 Tax Rate Schedule for Estates and Trusts Estates or Trusts. Use Schedule W below to figure your tax. Schedule W Estates or Trusts—Use this schedule for a nonresident alien estate or trust If line 15 is: The tax is: Over— But not over— Of the amount over— $0 $2,900 ............... 10% $0 $2,900 $10,550 $290.00 + 24% $2,900 $10,550 $14,450 $2,126.00 + 35% $10,550 $14,450 - - - - - - $3,491.00 + 37% $14,450 50 Instructions for Form 1040-NR (2023) |
Page 51 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Index Dependents 16 Household employment Railroad retirement benefits A Disclosure, Privacy Act, and taxes 33 (Tier 1) 42 Paperwork Reduction Act How to report income on Form Real property income and Additional Child tax credit 21 Notice 48 1040-NR 14 natural resources Additional tax on IRAs and Dispositions of United States royalties 42 other qualified retirement real property interests 14 I Social security benefits 42 plans 33 Dividends: Nonresident aliens, defined 10 Address change. 15 Ordinary 18 Identity theft 24 Green card test 10 Address, foreign country 15 Qualified 18 Income: Resident aliens, defined 10 Address, P.O. box. 15 Dividends, not effectively Fringe benefits 17 Substantial presence test 10 Alternative minimum tax 33 connected with a U.S. trade Not effectively connected with a Amended return 24 or business 41 U.S. trade or business: Amount paid with request for Dividend equivalent Schedule NEC 40 O extension to file 36 payments 41 Other taxable income 28 One-half of self-employment tax Amount refunded to you 21 Exceptions 41 To be reported 16 deduction 31 Amount you owe 22 Dual-status taxpayers 12 Income tax withholding Other gains or (losses) 28 Annuities 18 Restrictions 13 (federal) for 2024 24 Other nonrefundable credits 36 Assistance (See Tax help) Dual-status year 12 Individual retirement Other payments 37 Attachments to the return 22 How to figure tax for 13 arrangements (IRAs) 31 Avoid common mistakes 24 Income subject to tax 13 Contributions to 31 P What and where to file 12 Distributions from 18 B Interest income 18 41, Past due tax returns filing 24 Business income or (loss): E Exceptions 41 Payments: Itemized deductions 19 Tax withholding 21 Stocks, securities, and Educator expenses 31 Items to Note 9 Penalties: commodities income as a Effectively connected Other reporting requirements 9 Early withdrawal of savings 31 dealer in 28 income 16 Self-employment tax 9 Pensions 18 Election to be taxed as a Social security or Medicare Premium tax credit 7 C resident alien 12 taxes withheld in error 9 Repayment of excess credit 33 Capital gain distributions 19 Electronic filing (e-file) 4 11, Special rules for former U.S. Preparer, requirement to sign Capital gain or (loss): Estates 8 citizens and former U.S. tax return 22 Exceptions 19 Exemption for 20 long-term residents 9 Private delivery services 12 Casualty and theft losses 39 Estimated tax payments for Protect your tax records from 2023 21 K identity theft 24 Charity, gifts to 37 Estimated tax payments for Public debt, gift to reduce Contributions you can 2024 24 Kinds of income 14 the 24 deduct 38 Excess social security and Tier Publications (See Tax help) Contributions you can’t 1 RRTA tax withheld 36 L deduct 38 Expatriates 15 Lump-sum distributions 19 Q Limit on the amount you can Extension of time to file: deduct 38 Qualified business income Recordkeeping 39 Amount paid with 36 deduction (Section 199A M Deduction) 20 check 39 F Charity, other than by cash or Mailing address 11 Qualifying surviving spouse 16 Medical insurance premiums, Clothing and household Farm income or (loss) 28 credit for 36 items 39 Filing status 15 Miscellaneous deductions: R Recordkeeping 39 Married 16 Other 40 Real property income Child and dependent care Single 15 Moving expenses 31 election 14 expenses: Credit for 35 First-time homebuyer credit Records, how long to keep 24 repayment 33 Child tax credit 20 Foreign income taxed by the N Refund 21 Refund information 27 Community income 14 United States 14 Name and address 15 Refund mailed 22 Competent Authority Foreign tax credit 35 Estates and trusts 15 Refunds. Simplified procedure determination Form 1040-C: Engaged in a trade or for claiming certain Contributions to reduce debt Credit for amount paid with 21 requirement 44 business in the United refunds 8 held by the public 24 Form W-2 missing or States 15 Rental real estate, royalties, Contributions, carryover from incorrect 17 Not engaged in a trade or partnerships, trusts, etc. 28 prior year 39 Free publications 9 business 15 Reporting Credit for federal tax on Fringe benefits 17 Individuals 15 requirements—Other 9 fuels 37 Name change 15 Residential energy credits: Credit for other dependents 20 G Net investment income tax 13 Clean energy credit 35 Noneffectively connected Energy efficient home Credits for taxes paid 13 Gains and (losses) 19 income: improvement credit 35 From U.S. real property Capital gain 42 Retirement distributions (IRAs): D interests 14 Capital gains and losses from Annuities 18 Daycare expenses: Green card test 10 sales or exchanges of Pensions 18 Credit for 35 property 42 Death of a taxpayer 24 H Categories of 41 Retirement plan deduction, self-employed 31 Decedents 7 Health insurance premiums, Gambling winnings-residents of Retirement savings Deduction for exemptions for credit for 36 Canada 42 contributions credit (saver's estates and trusts only 20 Health savings account Gambling winnings-residents of credit) 35 Estates 20 deduction 31 countries other than Rounding off to whole Canada 42 dollars 16 Trusts 20 Other income 42 51 |
Page 52 of 52 Fileid: … s/i1040-nr/2023/a/xml/cycle06/source 17:15 - 19-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Sharing economy (gig) Taxable refunds, credits, or Wages from an employer who S income 14 offsets of state and local did not withhold social Signature 22 income taxes 28 security and Medicare tax Salaries and wages 16 State and local income taxes, Taxpayer Advocate Service Form 8919 33 Sales or exchanges, capital deduction for 37 (TAS) 3 assets 19 Student loan interest Taxpayer Bill of Rights 49 W Schedule 1 (Form 1040) 28 deduction 31 Third party designee 22 We welcome comments on Schedule 2 (Form 1040) 32 Substantial presence test: Tier 1 RRTA tax withheld 36 forms 48 Schedule 3 (Form 1040) 35 Closer connection exception for Tip income 16 18, What's new 5 Schedule A, itemized foreign students 10 Transportation tax 20 When to file: deductions 37 Closer connection to a foreign Treaty-exempt income 18 Estates and trusts 11 Schedule D Tax Worksheet 20 country 10 Treaty-exempt income, Individuals 11 Schedule NEC 40 Exempt individual 10 report 44 Where to file: Schedule OI, other Trusts 8 Estates and trusts 11 information 43 T Trusts, exemption deduction Individuals 11 Schedule P (Form 1040-NR) 45 for 20 Scholarship and fellowship Tax 20 Who must file 7 grants: Tax and credits: Withholding of tax at the Degree candidate 29 Additional taxes: U source: Nondegree candidate 29 Alternative minimum tax 33 U.S. national 15 Exceptions 40 Self-employed health insurance Tax help 24 Unemployment Write-in adjustments related to deduction 31 Tax return information 24 compensation 28 your effectively connected Self-employed SEP, SIMPLE, Tax-exempt interest 18 Unreported social security and income 32 and qualified plans 31 Tax, qualified dividends and Medicare tax: Services performed partly in capital gain tax Tip income Form 4137 33 and partly out the U.S. 17 worksheet 20 52 |