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                                                                                                        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



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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)



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                                 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



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                        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)



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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



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                                         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)



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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



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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)



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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



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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)



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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 

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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)



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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



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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)



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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.

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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)



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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



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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)



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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



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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)



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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



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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)



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                                        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



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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)



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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



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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)



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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



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                                        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)



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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



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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)



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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



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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)



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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



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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)



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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



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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)



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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



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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)



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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



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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)



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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



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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)



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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



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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)



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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



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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)



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  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



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                                           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)



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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



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                       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)



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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

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                               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

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