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           Department of the Treasury
           Internal Revenue Service
                                                         Future Developments
                                                         For  the  latest  information  about  developments  related  to 
Publication 570                                          Pub.  570,  such  as  legislation  enacted  after  it  was 
Cat. No. 15118B                                          published, go to IRS.gov/Pub570.

Tax Guide                                                What's New
                                                         U.S. Armed Forces in Puerto Rico and American Sa-
for Individuals                                          moa.   Active  duty  members  of  the  U.S.  Armed  Forces 
                                                         whose state of legal residence is American Samoa or Pu-
                                                         erto  Rico  are  U.S.  Government  employees.  They  are  re-
With Income                                              quired to file both a U.S. income tax return and a territory 
                                                         tax return, as applicable. See          Active duty member of the 
                                                         U.S. Armed Forces under Special Rules for American Sa-
From U.S.                                                moa and Special Rules for Puerto Rico, later.
                                                         U.S.  Government  employees  in  American  Samoa. 
                                                         The reporting requirements for U.S. Government employ-
Territories
                                                         ees who are not bona fide residents of American Samoa 
                                                         have been clarified. See U.S. Government employees un-
For use in preparing                                     der Special Rules for American Samoa, later.
                                                         Due  date  of  return.   File  your  tax  return  by  April  15, 
2023 Returns                                             2024. If you live in Maine or Massachusetts, you have until 
                                                         April 17, 2024, because of the Patriots’ Day and Emanci-
                                                         pation Day holidays.
                                                         Standard  deduction  amount.            For  2023,  the  standard 
                                                         deduction amount has increased for all filers. See              Stand-
                                                         ard deduction amount, later.
                                                         Maximum income subject to social security tax.                  For 
                                                         2023,  the  maximum  amount  of  self-employment  income 
                                                         subject to social security tax is $160,200. The amount will 
                                                         increase to $168,600 for 2024.
                                                         Optional  methods  to  figure  net  earnings.                   For  2023, 
                                                         the  maximum  income  for  using  the  optional  methods  is 
                                                         $6,560. This amount will increase to $6,920 for 2024.

                                                         Reminders
                                                         Additional child tax credit (ACTC) and bona fide resi-
                                                         dents  of  Puerto  Rico.   Bona  fide  residents  of  Puerto 
                                                         Rico are no longer required to have three or more qualify-
                                                         ing  children  to  be  eligible  to  claim  the  ACTC.  Bona  fide 
                                                         residents  of  Puerto  Rico  may  be  eligible  to  claim  the 
                                                         ACTC  if  they  have  one  or  more  qualifying  children.  See 
                                                         Additional child tax credit (ACTC), later.
                                                         For  more  information  about  the  child  tax  credit 
                                                         (CTC).   For  more  information,  see  the  Instructions  for 
                                                         Form 1040-SS. If you are required to file Form 1040, see 
                                                         the Instructions for Form 1040 for more information about 
                                                         the CTC.
                                                         Filing  status  name  changed  to  qualifying  surviving 
Get forms and other information faster and easier at:    spouse.      The  filing  status  qualifying  widow(er)  is  now 
IRS.gov (English)    IRS.gov/Korean (한국어)            called qualifying surviving spouse. The rules for the filing 
IRS.gov/Spanish (Español)  • IRS.gov/Russian (Pусский) status have not changed. The same rules that applied for 
IRS.gov/Chinese (中文) IRS.gov/Vietnamese (Tiếng Việt) 
                                                         qualifying widow(er) apply to qualifying surviving spouse.

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Digital assets.  You will need to answer the question on               For more information, see chapter 5.
page 1 of Form 1040-SS about whether you engaged in a 
                                                                       Self-employment tax. Bona fide residents of a U.S. terri-
transaction  involving  digital  assets  in  2023.  Don't  leave 
                                                                       tory  who  have  self-employment  income  must  generally 
this field blank. The question must be answered by all tax-
                                                                       pay  self-employment  tax  to  the  United  States.  Self-em-
payers,  not  just  taxpayers  who  engaged  in  a  transaction 
                                                                       ployment tax includes both social security and Medicare. 
involving digital assets.
                                                                       Bona  fide  residents  may  be  subject  to  U.S.  self-employ-
The  COVID-19  related  credit  for  qualified  sick  and              ment tax even if they have no income tax filing obligation 
family  leave  wages  is  limited  to  leave  taken  after             with the United States. See Self-Employment Tax in chap-
March 31, 2020, and before October 1, 2021.       Gener-               ter 4 for more information.
ally, the credit for qualified sick and family leave wages, as 
enacted  under  the  Families  First  Coronavirus  Response            Additional  Medicare  Tax.  You  may  be  required  to  pay 
Act  (FFCRA)  and  amended  and  extended  by  the                     Additional Medicare Tax. Also, you may need to report Ad-
COVID-related Tax Relief Act of 2020, for leave taken after            ditional Medicare Tax withheld by your employer. For more 
March 31, 2020, and before April 1, 2021, and the credit               information,  see Additional  Medicare  Tax  under Special 
for  qualified  sick  and  family  leave  wages  under  sections       Rules for Completing Your U.S. Tax Return in chapter 4.
3131, 3132, and 3133 of the Internal Revenue Code, as                  Net Investment Income Tax (NIIT).  The NIIT imposes a 
enacted under the American Rescue Plan Act of 2021 (the                3.8% tax on the lesser of an individual's net investment in-
ARP),  for  leave  taken  after  March  31,  2021,  and  before        come or the excess of the individual's modified adjusted 
October 1, 2021, have expired. However, employers that                 gross  income  over  a  specified  threshold  amount.  Bona 
pay qualified sick and family leave wages in 2023 for leave            fide  residents  of  Puerto  Rico  and  American  Samoa  who 
taken after March 31, 2020, and before October 1, 2021,                have a federal income tax return filing obligation may be li-
are  eligible  to  claim  a  credit  for  qualified  sick  and  family able for the NIIT if the taxpayer's modified adjusted gross 
leave  wages  in  2023.  For  more  information  about  the            income  from  non-territory  sources  exceeds  a  specified 
credit  for  qualified  sick  and  family  leave  wages,  go  to       threshold amount. Also, bona fide residents must take into 
IRS.gov/PLC.                                                           account any additional tax liability associated with the NIIT 
Disaster tax relief.  To find information on the most re-              when calculating their estimated tax payments.
cent tax relief provisions for taxpayers affected by disaster          The NIIT does not apply to any individual who is a non-
situations, see IRS.gov/Disaster. See Pub. 547 for discus-             resident alien with respect to the United States. For more 
sions on the special rules that apply to federally declared            information, see  Net Investment Income Tax under    Bona 
disaster areas.                                                        Fide  Resident  of  American  Samoa  and Bona  Fide  Resi-
Automatic 60-day extension.       Certain taxpayers affec-             dent of Puerto Rico in chapter 3.
ted by federally declared disasters may be eligible for an             Because bona fide residents of the CNMI, Guam, and 
automatic 60-day extension for filing returns, paying taxes,           the U.S. Virgin Islands generally do not have a federal in-
and performing other tasks required by the IRS. For more               come tax return filing obligation, the NIIT generally does 
information, see Pub. 547.                                             not directly apply to them. These residents should contact 
Qualified opportunity zones (QOZs).   The Tax Cuts and                 their  local  territorial  tax  department  for  guidance  on  the 
Jobs Act (TCJA) amended the Internal Revenue Code to                   possible mirrored application of the NIIT in these jurisdic-
encourage  investments  in  designated  economically  dis-             tions.
tressed communities by providing income tax benefits to 
taxpayers  who  invest  new  capital  in  businesses  located          Individual taxpayer identification numbers (ITINs) for 
within QOZs. There are QOZs located in the 50 states, the              aliens. If you are a nonresident or resident alien and you 
District of Columbia, American Samoa, the CNMI, Guam,                  do  not  have  and  are  not  eligible  to  get  a  social  security 
Puerto Rico, and the USVI.                                             number (SSN), you must apply for an ITIN. For details on 
                                                                       how to do so, see Form W-7 and the Instructions for Form 
  Bona fide residents of the CNMI, Guam, and the USVI 
                                                                       W-7. Allow 7 weeks for the IRS to notify you of your ITIN 
will generally report qualifying investments on the income 
                                                                       application status (9 to 11 weeks if submitted during peak 
tax return they file with their territory tax agency, while resi-
                                                                       processing periods (January 15 through April 30) or if you 
dents  of  American  Samoa  and  Puerto  Rico  will  report 
                                                                       are filing from overseas). If you already have an ITIN, enter 
qualifying investments on their U.S. income tax return. For 
                                                                       it wherever your SSN is requested on your tax return.
additional  information,  see  the  QOZ  FAQs  at IRS.gov/
Newsroom/Opportunity-Zones-Frequently-Asked-                           For more information, go to IRS.gov/ITIN.
Questions. Taxpayers should also consult with their terri-                     An ITIN is for tax use only. It does not entitle you 
tory tax agency for additional information.                            !       to social security benefits or change your employ-
Taxpayer Advocate Service (TAS).      TAS is an independ-              CAUTION ment or immigration status under U.S. law.
ent  organization  within  the  IRS  that  helps  taxpayers  and 
protects taxpayer rights. The phone numbers for the local              Expired ITIN. If your ITIN wasn't included on at least one 
advocate for the territories are:                                      federal tax return for the last 3 consecutive tax years, it will 
                                                                       expire on December 31 of the third consecutive year and 
American Samoa, the CNMI, and Guam:                                  must be renewed before being used again on a federal tax 
  808-466-6375 (in Hawaii);                                            return. Affected taxpayers who expect to file a tax return in 
Puerto Rico and the USVI: 787-522-8600 for Spanish,                  2024  must  submit  a  renewal  application.  For  more  infor-
  and 787-522-8601 for English (in Puerto Rico).                       mation on how to renew an ITIN, go to IRS.gov/ITIN.

2                                                                                                       Publication 570 (2023)



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Electronic filing.  You can e-file Form 1040-SS. For gen-            calling 800-THE-LOST (800-843-5678) if you recognize a 
eral information about electronic filing, visit IRS.gov/Efile.       child.
Earned  income  credit  (EIC).    Generally,  if  you  are  a 
bona fide resident of a U.S. territory, you cannot claim the 
EIC on your U.S. tax return. However, certain U.S. territo-
                                                                     Introduction
ries  may  allow  bona  fide  residents  to  claim  the  EIC  on 
their territory tax return.                                          This  publication  discusses  how  to  treat  income  received 
To  claim  the  EIC  on  your  U.S.  tax  return,  your  home        from the following U.S. territories on your tax return(s). 
(and your spouse's if filing a joint return) must have been          American Samoa.
in the United States for more than half the year. If you have 
a  child,  the  child  must  have  lived  with  you  in  the  United The Commonwealth of Puerto Rico (Puerto Rico).
States  for  more  than  half  the  year.  For  this  purpose,  the  The Commonwealth of the Northern Mariana Islands 
United States includes only the 50 states and the District             (CNMI).
of Columbia. Special rules apply to military personnel sta-
tioned outside the United States. For more information on            Guam.
this credit, see Pub. 596.                                           The U.S. Virgin Islands (USVI).
      If you claim the earned income tax credit (EITC)               Chapter 1 discusses the requirements for being consid-
TIP   on your tax return, the IRS must hold your refund              ered a bona fide resident of the listed territories.
      until at least mid-February—including the portion              Chapter 2 gives the rules for determining if your income 
not associated with the EITC. To track your refund, go to            is  from  sources  within,  or  effectively  connected  with  a 
IRS.gov/Refunds, or download the IRS2Go mobile app.                  trade or business in, those territories.
                                                                     Next, chapter 3 looks at the rules for filing tax returns 
Form 8938, Statement of Specified Foreign Financial                  when you receive income from any of these territories. You 
Assets. If  you  have  specified  foreign  financial  assets  in     may have to file a U.S. tax return only, a territory tax return 
foreign jurisdictions valued above certain threshold dollar          only, or both returns. Generally, this depends on whether 
amounts,  you  may  have  to  file  Form  8938  when  you  file      you are a bona fide resident of the territory. In some ca-
your U.S. income tax return with the IRS.                            ses, you may have to file a U.S. return, but will be able to 
Even if you are required to file Form 8938, you may not              exclude income earned in a territory from U.S. tax.
have to report certain specified foreign financial assets on         If you are not a bona fide resident of one of the territo-
Form 8938. See Bona Fide Resident of a U.S. Possession               ries listed earlier, or are otherwise required to file a U.S. in-
in the Instructions for Form 8938 for more details.                  come tax return, the information in chapter 4 will tell you 
      Because bona fide residents of the CNMI, Guam,                 how to file your U.S. tax return. This information also ap-
TIP   and the USVI generally do not have a U.S. federal              plies if you have income from U.S. insular areas other than 
      income tax return filing obligation, they generally            the  five  territories  listed  earlier  because  that  income  will 
are not required to file Form 8938 with the IRS. These resi-         not qualify for any of the exclusions or other benefits dis-
dents should contact their local territorial tax department          cussed  in chapter  3.  These  other  U.S.  insular  areas  in-
for  guidance  on  the  possible  mirrored  application  of  this    clude:
reporting requirement with these jurisdictions.                      Baker Island,
Change of address.    If you change your mailing address,            Howland Island,
use Form 8822 to notify the IRS and U.S. territory tax ad-           Jarvis Island,
ministration,  if  appropriate.  Mail  Form  8822  to  the  IRS 
Service Center or U.S. territory tax administration address          Johnston Island,
designated  for  your  old  address  (see  page  2  of  Form         Kingman Reef,
8822).
                                                                     Midway Islands,
If you change your address before filing your tax return, 
write the new address in the appropriate boxes of your tax           Palmyra Atoll, and
return when you file.                                                Wake Island.
Reporting a change of bona fide residence.      If you be-
                                                                           Information for individuals living or working in U.S. 
came or cease to be a bona fide resident of a U.S. terri-
                                                                           territories  is  available  at    IRS.gov/Individuals/
tory, you may need to file Form 8898, Statement for Indi-
                                                                           International-Taxpayers/Individuals-Living-or-
viduals Who Begin or End Bona Fide Residence in a U.S. 
                                                                     Working-in-US-Possessions.
Possession.  For  additional  information,  see Reporting  a 
Change in Bona Fide Residence in chapter 1.                                If you need information on U.S. taxation, write to:
Photographs of missing children.  The IRS is a proud 
partner  with  the National  Center  for  Missing  &  Exploited            Internal Revenue Service
Children® (NCMEC). Photographs of missing children se-                 International Section   
lected by the Center may appear in this publication on pa-             Philadelphia, PA 19255-0725
ges  that  would  otherwise  be  blank.  You  can  help  bring 
these  children  home  by  looking  at  the  photographs  and 

Publication 570 (2023)                                                                                                          3



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  If  you  need  additional  information  on  your  tax  obliga-         5074 5074 Allocation of Individual Income Tax to Guam or 
tions in a U.S. territory, write to the tax department of that                the Commonwealth of the Northern Mariana 
territory. Their addresses are provided in  chapter 3 under                   Islands (CNMI)
the individual headings for each territory.                              8938 8938 Statement of Specified Foreign Financial 
Comments and suggestions.             We welcome your com-                    Assets
ments  about  this  publication  and  suggestions  for  future           8689 8689 Allocation of Individual Income Tax to the U.S. 
editions.                                                                     Virgin Islands
  You  can  send  us  comments  through                    IRS.gov/
FormComments. Or, you can write to the Internal Revenue                  8898 8898 Statement for Individuals Who Begin or End 
Service,  Tax  Forms  and  Publications,  1111  Constitution                  Bona Fide Residence in a U.S. Possession
Ave. NW, IR-6526, Washington, DC 20224.                                  8959 8959 Additional Medicare Tax
  Although  we  can’t  respond  individually  to  each  com-
ment  received,  we  do  appreciate  your  feedback  and  will           8960 8960 Net Investment Income Tax—Individuals, 
consider  your  comments  and  suggestions  as  we  revise                    Estates, and Trusts
our  tax  forms,  instructions,  and  publications.  Don’t  send 
tax questions, tax returns, or payments to the above ad-
dress.
  Getting answers to your tax questions.             If you have 
a tax question not answered by this publication or the     How 
To Get Tax Help section at the end of this publication, go           1.
to  the  IRS  Interactive  Tax  Assistant  page  at        IRS.gov/
Help/ITA  where  you  can  find  topics  by  using  the  search 
feature or viewing the categories listed.                            Bona Fide Residence

  Getting  tax  forms,  instructions,  and  publications.            In order to qualify for certain tax benefits (see chapter 3), 
Go to IRS.gov/Forms to download current and prior-year               you must be a bona fide resident of American Samoa, the 
forms, instructions, and publications.                               CNMI, Guam, Puerto Rico, or the USVI for the tax year.
  Ordering tax forms, instructions, and publications.                Generally, you are a bona fide resident of one of these ter-
Go to IRS.gov/OrderForms to order current forms, instruc-            ritories (the relevant territory) if, during the tax year, you:
tions,  and  publications;  call  800-829-3676  to  order 
prior-year  forms  and  instructions.  The  IRS  will  process       Meet the presence test,
your order for forms and publications as soon as possible.           Do not have a tax home outside the relevant territory, 
Don’t resubmit requests you’ve already sent us. You can                and
get forms and publications faster online.
  To obtain tax forms required for your territory tax return,        Do not have a closer connection to the United States 
contact  the  tax  office  in  your  territory.  See chapter  3  for   or to a foreign country than to the relevant territory.
more information.
                                                                     Special rule for members of the U.S. Armed Forces.             If 
                                                                     you are a member of the U.S. Armed Forces who qualified 
Useful Items                                                         as a bona fide resident of the relevant territory in an earlier 
You may want to see:                                                 tax year, your absence from that territory during the cur-
                                                                     rent tax year in compliance with military orders will not af-
Publication                                                          fect your status as a bona fide resident. Likewise, being in 
      3     3 Armed Forces' Tax Guide                                a territory solely in compliance with military orders will not 
                                                                     qualify  you  for  bona  fide  residency.  Also  see  the  special 
     54    54 Tax Guide for U.S. Citizens and Resident Aliens        income source rule for members of the U.S. Armed Forces 
          Abroad                                                     in chapter 2, under Compensation for Labor or Personal 
    514   514 Foreign Tax Credit for Individuals                     Services.

    519   519 U.S. Tax Guide for Aliens                              Special rule for civilian spouse of active duty mem-
Form (and Instructions)                                              ber  of  the  U.S.  Armed  Forces.   If  you  are  the  civilian 
                                                                     spouse of an active duty service member, under the Mili-
    1040-SS        1040-SS U.S. Self-Employment Tax Return           tary  Spouses  Residency  Relief  Act  (MSRRA)  you  can 
          (Including the Additional Child Tax Credit for             choose  to  keep  your  prior  residence  or  domicile  for  tax 
          Bona Fide Residents of Puerto Rico)                        purposes (tax residence) when accompanying the service 
    1116      1116 Foreign Tax Credit                                member spouse who is relocating under military orders to 
                                                                     a new military duty station in one of the 50 states, the Dis-
    4563      4563 Exclusion of Income for Bona Fide Residents       trict of Columbia, or a U.S. territory. Before relocating, you 
          of American Samoa                                          and your spouse must have the same tax residence.
    4868      4868 Application for Automatic Extension of Time To    If  you  are  a  civilian  spouse  and  choose  to  keep  your 
          File U.S. Individual Income Tax Return                     prior  tax  residence  after  such  relocation,  the  source  of 

4                                           Chapter 1          Bona Fide Residence               Publication 570 (2023)



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income for services performed (for example, wages, salar-       Days of Presence in the United States 
ies, tips, or self-employment) by you is considered to be 
(the jurisdiction of) the prior tax residence. As a result, the or Relevant Territory

amount of income tax withholding (from Form(s) W-2) that        Generally, you are treated as being present in the United 
you are able to claim on your federal return, as well as the    States or in the relevant territory on any day that you are 
need to file a state or U.S. territory return, may be affec-    physically  present  in  that  location  at  any  time  during  the 
ted.                                                            day.
     The spouse of the service member may elect to 
TIP  use the same residence for tax purposes as the             Days of presence in a territory.   You are considered to 
     service member regardless of the date on which             be present in the relevant territory on any of the following 
the marriage of the spouse and service member occurred.         days.
For more information, see the following.                        1. Any day you are physically present in that territory at 
                                                                    any time during the day.
Notice 2010-30, available at IRS.gov/irb/
  2010-18_IRB#NOT-2010-30.                                      2. Any day you are outside of the relevant territory in or-
                                                                    der to receive, or to accompany any of the following 
Notice 2011-16, available at IRS.gov/irb/
                                                                    family members to receive, qualifying medical treat-
  2011-17_IRB#NOT-2011-16.
                                                                    ment (see Qualifying Medical Treatment, later).
Notice 2012-41, available at IRS.gov/irb/
                                                                    a. Your parent.
  2012-26_IRB#NOT-2012-41.
Also, you can consult with state, local, or U.S. territory          b. Your spouse.
tax  authorities  regarding  your  tax  obligations  under          c. Your child or stepchild. This includes an adopted 
MSRRA.                                                               child or child lawfully placed with you for legal 
                                                                     adoption. This also includes a foster child who is 
                                                                     placed with you by an authorized placement 
Presence Test                                                        agency or by judgment, decree, or other order of 
                                                                     any court of competent jurisdiction.
If you are a U.S. citizen or resident alien, you will satisfy   3. Any day you are outside the relevant territory because 
the presence test for the tax year if you meet one of the           you leave or are unable to return to the relevant terri-
following conditions.                                               tory during any:
1. You were present in the relevant territory for at least          a. 14-day period within which a major disaster oc-
  183 days during the tax year.                                      curs in the relevant territory for which a Federal 
2. You were present in the relevant territory for at least           Emergency Management Agency (FEMA) notice 
  549 days during the 3-year period that includes the                of a federal declaration of a major disaster is is-
  current tax year and the 2 immediately preceding tax               sued in the Federal Register, or
  years. During each year of the 3-year period, you                 b. Period for which a mandatory evacuation order is 
  must be present in the relevant territory for at least 60          in effect for the geographic area in the relevant ter-
  days.                                                              ritory in which your main home is located.
3. You were present in the United States for no more            4. Any day (up to a total of 30 days) that you are outside 
  than 90 days during the tax year.                                 the relevant territory and the United States for busi-
4. You had earned income in the United States of no                 ness or personal travel, but this rule:
  more than a total of $3,000 and were present for more             a. Applies only if the number of days you are consid-
  days in the relevant territory than in the United States           ered present in the relevant territory exceeds the 
  during the tax year. Earned income is pay for personal             number of days you are considered present in the 
  services performed, such as wages, salaries, or pro-               United States (determined without regard to the 
  fessional fees.                                                    rule in this section (4)), and
5. You had no significant connection to the United States           b. Does not apply for purposes of calculating the 
  during the tax year.                                               minimum 60 days of presence in the relevant terri-
Special  rule  for  nonresident  aliens. Conditions  (1)             tory that is required for the 549-day presence test 
through (5) above do not apply to nonresident aliens of the          (see Presence Test, earlier).
United States. Instead, nonresident aliens must meet the        If, during a single day, you are physically present:
substantial presence test discussed in chapter 1 of Pub. 
519. In that discussion, substitute the name of the territory   In the United States and in the relevant territory, that 
                                                                  day is considered a day of presence in the relevant 
for “United States” and “U.S.” wherever they appear. Disre-
                                                                  territory; or
gard  the  discussion  in  that  chapter  about  a Closer  Con-
nection to a Foreign Country.

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In two territories, that day is considered a day of pres-     With respect to each qualifying medical treatment, you 
  ence in the territory where your tax home is located          must prepare (or obtain) and maintain documentation sup-
  (see Tax Home, later).                                        porting your claim that such treatment meets the criteria to 
                                                                be  considered  days  of  presence  in  the  relevant  territory. 
                                                                You must be able to produce this documentation within 30 
Days  of  presence  in  the  United  States. You  are  con-     days  if  requested  by  the  IRS  or  tax  administrator  for  the 
sidered to be present in the United States on any day that      relevant territory.
you are physically present in the United States at any time 
during the day. However, do not count the following days        You must keep the following documentation.
as days of presence in the United States.                       1. Records that provide:
1. Any day you are temporarily present in the United              a. The patient's name and relationship to you (if the 
  States in order to receive, or to accompany a parent,           medical treatment is provided to a person you ac-
  spouse, or child who is receiving, qualifying medical           company);
  treatment. Child is defined in item 2c under Days of 
  presence in a territory, earlier. Qualifying medical            b. The name and address of the hospital, hospice, or 
  treatment is defined later.                                     residential medical care facility where the medical 
                                                                  treatment was provided;
2. Any day you are temporarily present in the United 
  States because you leave or are unable to return to             c. The name, address, and telephone number of the 
  the relevant territory during any:                              physician who provided the medical treatment;
  a. 14-day period within which a major disaster oc-              d. The date(s) on which the medical treatment was 
  curs in the relevant territory for which a Federal              provided; and
  Emergency Management Agency (FEMA) notice                       e. Receipt(s) of payment for the medical treatment.
  of a federal declaration of a major disaster is is-
  sued in the Federal Register, or                              2. Signed certification by the providing or supervising 
                                                                  physician that the medical treatment met the require-
  b. Period for which a mandatory evacuation order is             ments for being qualified medical treatment, and set-
  in effect for the geographic area in the relevant ter-          ting forth:
  ritory in which your main home is located.
                                                                  a. The patient's name,
3. Any day you are in the United States for less than 24 
  hours when you are traveling between two places out-            b. A reasonably detailed description of the medical 
  side the United States.                                         treatment provided by (or under the supervision 
                                                                  of) the physician,
4. Any day you are temporarily present in the United 
  States as a professional athlete to compete in a chari-         c. The dates on which the medical treatment was 
  table sports event (defined later).                             provided, and
5. Any day you are temporarily in the United States as a          d. The medical facts that support the physician's cer-
  student (defined later).                                        tification and determination that the treatment was 
                                                                  medically necessary.
6. Any day you are in the United States serving as an 
  elected representative of the relevant territory, or serv-
  ing full time as an elected or appointed official or em-
  ployee of the government of that territory (or any of its     Charitable Sports Event
  political subdivisions).
                                                                A charitable sports event is one that meets all of the fol-
                                                                lowing conditions.
                                                                The main purpose is to benefit a qualified charitable 
Qualifying Medical Treatment                                      organization.
Such treatment is generally provided by (or under the su-       The entire net proceeds go to charity.
pervision of) a physician for an illness, injury, impairment, 
or  physical  or  mental  condition.  The  treatment  generally Volunteers perform substantially all the work.

involves:                                                       In  figuring  the  days  of  presence  in  the  United  States, 
Any period of inpatient care that requires an overnight       you can exclude only the days on which you actually com-
  stay in a hospital or hospice, and any period immedi-         peted in the charitable sports event. You cannot exclude 
  ately before or after that inpatient care to the extent it    the days on which you were in the United States to prac-
  is medically necessary; or                                    tice for the event, to perform promotional or other activities 
                                                                related to the event, or to travel between events.
Any temporary period of inpatient care in a residential 
  medical care facility for medically necessary rehabili-
  tation services.

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Student                                                           Exception for rental property. If you or your spouse 
                                                                  own the dwelling unit and at any time during the tax year it 
To qualify as a student, you must be, during some part of         is rented to someone else at fair rental value, it will be con-
each of any 5 calendar months during the calendar year:           sidered your permanent home only if you or your spouse 
                                                                  use that property for personal purposes for more than the 
1. A full-time student at a school that has a regular             greater of:
teaching staff, course of study, and regularly enrolled 
body of students in attendance; or                                14 days, or
2. A student taking a full-time, on-farm training course          10% of the number of days during that tax year that 
given by a school described in (1) above or by a state,             the property is rented to others at a fair rental value.
county, or local government agency.                               You  are  treated  as  using  rental  property  for  personal 
                                                                  purposes on any day the property is not being rented to 
The 5 calendar months do not have to be consecutive.              someone else at fair rental value for the entire day.
                                                                  A day of personal use of a dwelling unit is also any day 
Full-time student. A full-time student is a person who is         that the unit is used by any of the following persons.
enrolled  for  the  number  of  hours  or  courses  the  school 
considers to be full-time attendance. However, school at-         You or any other person who has an interest in it, un-
tendance exclusively at night is not considered full-time at-       less you rent it to another owner as their main home 
tendance.                                                           under a shared equity financing agreement.
                                                                  A member of your family or a member of the family of 
School. The term “school” includes elementary schools,              any other person who has an interest in it, unless the 
middle schools, junior and senior high schools, colleges,           family member uses the dwelling unit as their main 
universities, and technical, trade, and mechanical schools.         home and pays a fair rental price. Family includes only 
It  does  not  include  on-the-job  training  courses,  corre-      siblings, half-siblings, spouses, ancestors (parents, 
spondence  schools,  and  schools  offering  courses  only          grandparents, etc.), and lineal descendants (children, 
through the Internet.                                               grandchildren, etc.).
                                                                  Anyone under an arrangement that lets you use some 
Significant Connection                                              other dwelling unit.
One  way  in  which  you  can  meet  the  presence  test  is  to  Anyone at less than a fair rental price.
have no significant connection to the United States during        However, any day you spend working substantially full 
the tax year. This section looks at the factors that deter-       time repairing and maintaining (not improving) your prop-
mine if a significant connection exists.                          erty is not counted as a day of personal use. Whether your 
                                                                  property is used mainly for this purpose is determined in 
You  are  treated  as  having  a  significant  connection  to     light of all the facts and circumstances, such as:
the United States if you:
                                                                  The amount of time you devote to repair and mainte-
1. Have a permanent home in the United States;                      nance work,
2. Are currently registered to vote in any political subdivi-     How often during the tax year you perform repair and 
sion of the United States; or                                       maintenance work on this property, and
3. Have a spouse or child (see item 2c under Days of              The presence and activities of companions.
presence in a territory, earlier) who is under age 18             See Pub. 527 for more information about personal use 
whose main home is in the United States, other than:              of a dwelling unit.
a. A child who is in the United States because they 
are the child of divorced or legally separated pa-                Example—no  significant  U.S.  connection.             You,  a 
rents and they are living with a custodial parent                 U.S.  citizen,  are  a  sales  representative  for  a  company 
under a custodial decree or multiple support                      based in Guam. You live with your spouse and young chil-
agreement, or                                                     dren  in  your  house  in  Guam,  where  you  are  also  regis-
                                                                  tered to vote. Your business travel requires you to spend 
b. A child who is in the United States as a student.              120 days in the United States and another 120 days in for-
For the purpose of determining if you have a significant          eign countries. When traveling on business, you generally 
connection to the United States, the term “spouse” does           stay at hotels but sometimes stay with your brother, who 
not include a spouse from whom you are legally separated          lives in the United States. Your stays are always of short 
under a decree of divorce or separate maintenance.                duration  and  you  ask  your  brother's  permission  to  stay 
                                                                  with  him.  Your  brother's  house  is  not  your  permanent 
Permanent home.    A permanent home generally includes            home, nor do you have any other accommodations in the 
an accommodation such as a house, an apartment, or a              United  States  that  would  be  considered  your  permanent 
furnished  room  that  is  either  owned  or  rented  by  you  or home. You satisfy the presence test because you have no 
your  spouse.  The  dwelling  unit  must  be  available  at  all  significant connection to the United States.
times, continuously, not only for short stays.

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  Example—significant  U.S.  connection  but  pres-              ship or other seafaring vessel that is predominantly used 
ence test met.   Pat and Carter Brown live for part of the       in local and international waters. For this purpose, a ves-
year  in  a  condominium,  which  they  own,  in  the  CNMI.     sel is considered to be predominantly used in local and in-
They also own a house in Maine where they live for 120           ternational waters if, during the tax year, the total amount 
days every year to be near their grown children and grand-       of time it is used in international waters and in the waters 
children. The Browns are retired and their only income is        within  3  miles  of  the  relevant  territory  exceeds  the  total 
from pension payments, dividends, interest, and social se-       amount of time it is used in the territorial waters of the Uni-
curity benefits.                                                 ted States, another territory, or any foreign country.
  In  2023,  Pat  and  Carter  spent  only  160  days  in  the 
CNMI because of an 85-day vacation to Europe and Asia            Example.       In 2023, you, a U.S. citizen, were employed 
and 120 days in the United States. Although the Browns           by a fishery and spent 250 days at sea on a fishing vessel. 
were present in the United States for more than 90 days          When not at sea, you lived with your spouse at a house 
and had a significant connection to the United States be-        you own in American Samoa. The fishing vessel on which 
cause  of  their  permanent  home  there,  they  satisfied  the  you work departs and arrives at various ports in American 
presence test with respect to the CNMI because they had          Samoa, other territories, and foreign countries, but was in 
no earned income in the United States and were consid-           international  or  American  Samoa's  local  waters  for  225 
ered physically present in the CNMI for at least 183 days        days. For purposes of determining bona fide residency of 
(160  days  plus  30  days  deemed  present  during  their       American Samoa, you will not be considered to have a tax 
85-day  vacation  to  Europe  and  Asia  for  a  total  of  190  home outside that territory solely because of your employ-
days).                                                           ment on board the fishing vessel.

                                                                 Year of Move

Tax Home                                                         If you are moving to or from a territory during the year, you 
                                                                 may still be able to meet the tax home test for that year. 
You will have met the tax home test if you did not have a        See Special  Rules  in  the  Year  of  a  Move,  later,  in  this 
tax home outside the relevant territory during any part of       chapter.
the tax year. Your tax home is generally determined under 
the  principles  of  section  911(d)(3)  and  section  162(a)(2) 
(relating to traveling expenses while away from home).
                                                                 Closer Connection
  Your  tax  home  is  your  regular  or  main  place  of  busi-
ness,  employment,  or  post  of  duty  regardless  of  where    You will have met the closer connection test if, during any 
you maintain your family home. If you do not have a regu-        part of the tax year, you do not have a closer connection to 
lar  or  main  place  of  business  because  of  the  nature  of the United States or a foreign country than to the relevant 
your work, then your tax home is the place where you reg-        U.S. territory.
ularly live. If you do not fit either of these categories, you 
are considered an itinerant and your tax home is wherever        You will be considered to have a closer connection to a 
you work.                                                        territory than to the United States or to a foreign country if 
                                                                 you  have  maintained  more  significant  contacts  with  the 
                                                                 territories than with the United States or foreign country. In 
Exceptions
                                                                 determining if you have maintained more significant con-
There are some special rules regarding tax home that pro-        tacts with the relevant territory, the facts and circumstan-
vide exceptions to the general rule stated above.                ces to be considered include, but are not limited to, the fol-
                                                                 lowing.
Students and Government Officials                                The location of your permanent home.
Disregard  the  following  days  when  determining  whether      The location of your family.
you have a tax home outside the relevant territory.              The location of personal belongings, such as automo-
Days you were temporarily in the United States as a              biles, furniture, clothing, and jewelry owned by you 
  student (see Student under Days of Presence in the               and your family.
  United States or Relevant Territory, earlier).                 The location of social, political, cultural, professional, 
Days you were in the United States serving as an                 or religious organizations with which you have a cur-
  elected representative of the relevant territory, or serv-       rent relationship.
  ing full time as an elected or appointed official or em-       The location where you conduct your routine personal 
  ployee of the government of that territory (or any of its        banking activities.
  political subdivisions).
                                                                 The location where you conduct business activities 
                                                                   (other than those that go into determining your tax 
Seafarers                                                          home).
You will not be considered to have a tax home outside the        The location of the jurisdiction in which you hold a 
relevant  territory  solely  because  you  are  employed  on  a    driver's license.

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The location of the jurisdiction in which you vote.               States  or  to  any  foreign  country.  You  are  considered  a 
                                                                    bona fide resident of Guam, the location of your tax home.
The location of charitable organizations to which you 
  contribute.
                                                                    Exception for Year of Move
The country of residence you designate on forms and 
  documents.                                                        If you are moving to or from a territory during the year, you 
The types of official forms and documents you file,               may still be able to meet the closer connection test for that 
  such as Form W-8BEN or Form W-9.                                  year. See Special Rules in the Year of a Move next.

Your  connections  to  the  relevant  territory  will  be  com-
pared  to  the  total  of  your  connections  with  the  United 
States  and  foreign  countries.  Your  answers  to  the  ques-     Special Rules in the Year of a 
tions on Form 8898, Part III, will help establish the jurisdic-
                                                                    Move
tion to which you have a closer connection.
Example—closer connection to the United States.                     If you are moving to or from a territory during the year, you 
You, a U.S. citizen, moved to Puerto Rico in 2023 to start          may still be able to meet the tax home and closer connec-
an  investment  consulting  and  venture  capital  business.        tion tests for that year.
Your spouse and two teenage children remained in Cali-
fornia to allow the children to complete high school. You           Year of Moving to a Territory
traveled  back  to  the  United  States  regularly  to  see  your 
spouse and children, to engage in business activities, and          You will satisfy the tax home and closer connection tests 
to take vacations. You had an apartment available for your          in the tax year of changing your residence to the relevant 
full-time use in Puerto Rico, but remained a joint owner of         territory if you meet all of the following.
the  residence  in  California  where  your  spouse  and  chil-     You have not been a bona fide resident of the relevant 
dren lived. You and your family had automobiles and per-              territory in any of the 3 tax years immediately preced-
sonal belongings such as furniture, clothing, and jewelry             ing your move.
located at both residences. Although you were a member 
of the Puerto Rico Chamber of Commerce, you also be-                In the year of the move, you do not have a tax home 
longed to and had current relationships with social, politi-          outside the relevant territory or a closer connection to 
cal, cultural, and religious organizations in California. You         the United States or a foreign country than to the rele-
received mail in California, including bank and brokerage             vant territory during any of the last 183 days of the tax 
statements and credit card bills. You conducted your per-             year.
sonal banking activities in California. You held a California       You are a bona fide resident of the relevant territory for 
driver's  license  and  were  also  registered  to  vote  there.      each of the 3 tax years immediately following the tax 
Based on all of the particular facts and circumstances per-           year of your move.
taining to you, you were not a bona fide resident of Puerto 
Rico in 2023 because you had a closer connection to the             Example.  You, a U.S. citizen, file returns on a calendar 
United States than to Puerto Rico.                                  year  basis.  You  lived  in  the  United  States  from  January 
                                                                    2017 through May 2023. In June 2023, you moved to the 
Closer connection to another territory.    Generally, ter-          USVI, purchased a house, and accepted a permanent job 
ritories  are  not  treated  as  foreign  countries.  Therefore,  a with a local employer. From July 1 through December 31, 
closer connection to a territory other than the relevant ter-       2023 (more than 183 days), your principal place of busi-
ritory will not be treated as a closer connection to a foreign      ness  was  in  the  USVI  and,  during  that  time,  you  did  not 
country.                                                            have a closer connection to the United States or a foreign 
                                                                    country than to the USVI.
Example—tax home and closer connection to terri-                    If you are a bona fide resident of the USVI during all of 
tory. You, a U.S. citizen, are a permanent employee of a            2024  through  2026,  you  will  satisfy  the  tax  home  and 
hotel in Guam, but work only during the tourist season. For         closer  connection  tests  for  2023.  If  you  also  satisfy  the 
the remainder of each year, you live with your spouse and           presence test in 2023, you will be considered a bona fide 
children in the CNMI, where you have no outside employ-             resident of the USVI for the 2023 tax year.
ment.  Most  of  your  personal  belongings,  including  your 
automobile, are located in the CNMI. You are registered to 
vote in, and have a driver's license issued by, the CNMI.           Year of Moving From a Territory
You do your personal banking in the CNMI and routinely 
list  your  CNMI  address  as  your  permanent  address  on         In the year you cease to be a bona fide resident of Ameri-
forms and documents. You satisfy the presence test with             can Samoa, the CNMI, Guam, or the USVI, you will satisfy 
respect to both Guam and the CNMI. You satisfy the tax              the tax home and closer connection tests with respect to 
home  test  with  respect  to  Guam,  because  your  regular        the relevant territory if you meet all of the following.
place of business is in Guam. You satisfy the closer con-           You have been a bona fide resident of the relevant ter-
nection test with respect to both Guam and the CNMI be-               ritory for each of the 3 tax years immediately preced-
cause you do not have a closer connection to the United               ing your change of residence.

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 In the year of the move, you do not have a tax home 
   outside the relevant territory or a closer connection to 
   the United States or a foreign country than to the rele-         Reporting a Change in Bona 
   vant territory during any of the first 183 days of the tax 
                                                                    Fide Residence
   year.
 You are not a bona fide resident of the relevant terri-          If you became or ceased to be a bona fide resident of a 
   tory for any of the 3 tax years immediately following            U.S. territory, you may need to file Form 8898. This applies 
   the tax year of your move.                                       to  the  U.S.  territories  of  American  Samoa,  the  CNMI, 
                                                                    Guam, Puerto Rico, and the USVI.
Example. You, a U.S. citizen, file returns on a calendar 
year basis. From January 2020 through December 2022, 
you  were  a  bona  fide  resident  of  American  Samoa.  You       Who Must File
continued to live there until September 6, 2023, when you 
                                                                    You must file Form 8898 for the tax year in which you meet 
accepted  new  employment  and  moved  to  Hawaii.  Your 
                                                                    both of the following conditions.
principal place of business from January 1 through Sep-
tember  5,  2023  (more  than  183  days),  was  in  American       1. Your worldwide gross income (defined below) in that 
Samoa, and during that period you did not have a closer             tax year is more than $75,000.
connection to the United States or a foreign country than 
to  American  Samoa.  If  you  continue  to  live  and  work  in    2. You meet one of the following.
Hawaii  for  the  rest  of  2023  and  throughout  years  2024      a. You take a position for U.S. tax purposes that you 
through  2026,  you  will  satisfy  the  tax  home  and  closer     became a bona fide resident of a U.S. territory af-
connection  tests  for  2023  with  respect  to  American  Sa-      ter a tax year for which you filed a U.S. income tax 
moa. If you also satisfy the presence test in 2023, you will        return as a citizen or resident alien of the United 
be considered a bona fide resident for the 2023 tax year.           States but not as a bona fide resident of the terri-
                                                                    tory.
Puerto Rico
                                                                    b. You are a citizen or resident alien of the United 
You will be considered a bona fide resident of Puerto Rico          States who takes the position for U.S. tax purpo-
for  the  part  of  the  tax  year  preceding  the  date  on  which ses that you ceased to be a bona fide resident of a 
you move if you:                                                    U.S. territory after a tax year for which you filed an 
                                                                    income tax return (with the IRS, the territory tax 
 Are a U.S. citizen,                                              authority, or both) as a bona fide resident of the 
 Are a bona fide resident of Puerto Rico for at least 2           territory.
   tax years immediately preceding the tax year of the              c. You take the position for U.S. tax purposes that 
   move,                                                            you became a bona fide resident of Puerto Rico or 
 Cease to be a bona fide resident of Puerto Rico during           American Samoa after a tax year for which you 
   the tax year,                                                    were required to file an income tax return as a 
                                                                    bona fide resident of the CNMI, Guam, or the 
 Cease to have a tax home in Puerto Rico during the 
                                                                    USVI.
   tax year, and
 Have a closer connection to Puerto Rico than to the              Worldwide  gross  income. Worldwide  gross  income 
   United States or a foreign country throughout the part           means  all  income  you  received  in  the  form  of  money, 
   of the tax year preceding the date on which you cease            goods, property, and services, including any income from 
   to have a tax home in Puerto Rico.                               sources  outside  the  United  States  (even  if  you  can  ex-
                                                                    clude part or all of it) and before any deductions, credits, 
Example. You, a U.S. citizen, file returns on a calendar            or rebates.
year basis. For all of 2021 and 2022, you were a bona fide 
resident  of  Puerto  Rico.  From  January  through  May  4,        Example.   You  are  a  U.S.  citizen  who  moved  to  the 
2023, you continued to reside and maintain your principal           CNMI in December 2022, but did not become a bona fide 
place of business in and closer connection to Puerto Rico.          resident of that territory until the 2023 tax year. You must 
On May 5, 2023, you moved and changed your tax home                 file  Form  8898  for  the  2023  tax  year  if  your  worldwide 
to Nevada. Later that year, you established a closer con-           gross income for that year was more than $75,000.
nection to the United States than to Puerto Rico. You did 
not satisfy the presence test for 2023 with respect to Pu-          Penalty for Not Filing
erto  Rico,  nor  the  tax  home  or  closer  connection  tests. 
                                                                    Form 8898
However, because you were a bona fide resident of Puerto 
Rico for at least 2 tax years before you moved to Nevada 
                                                                    If you are required to file Form 8898 for any tax year and 
in 2023, you were a bona fide resident of Puerto Rico from 
                                                                    you fail to file it, you may owe a penalty of $1,000. Also, 
January 1 through May 4, 2023. 
                                                                    you may owe this penalty if you do not include all the infor-
                                                                    mation required by the form or the form includes incorrect 
                                                                    information. In either case, you will not owe this penalty if 

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Table 2-1. General Rules for Determining U.S. Source of Income
Item of Income                                                Factor Determining Source
Salaries, wages, and other compensation for labor or personal Where labor or services performed 
services                                                      Note. See Compensation for Labor or Personal Services.
Pensions                                                      Contributions: Where services were performed that earned the pension
                                                              Investment earnings: Where pension trust is located 
Interest                                                      Residence of payer
Dividends                                                     Where corporation created or organized
Rents                                                         Location of property
Royalties:
Natural resources                                             Location of property
Patents, copyrights, etc.                                     Where property is used
Sale of business inventory—purchased                          Where sold
Sale of business inventory—produced                           Where sold unless sold within the Unites States. Allocation if purchased in U.S. 
                                                              territory and sold within the United States. 
Sale of real property                                         Location of property
Sale of personal property                                     Seller's tax home (but see Special Rules for Gains From Dispositions of 
                                                              Certain Property, later, for exceptions)
Sale of natural resources                                     Allocation based on fair market value of product at export terminal. For more 
                                                              information, see Regulations section 1.863-1(b).
you can show that such failure is due to reasonable cause             Effectively connected with the conduct of a trade or 
and not willful neglect. This is in addition to any criminal            business within the United States.
penalty that may be imposed.                                            Table  2-1  shows  the  general  rules  for  determining 
                                                                   whether income is from sources within the United States.

                                                                   Types of Income
2.
                                                                   This section looks at the most common types of income 
                                                                   received by individuals, and the rules for determining the 
                                                                   source of the income. Generally, the same rules shown in 
Territory Source Income
                                                                   Table  2-1  are  used  to  determine  if  you  have  territory 
In order to determine where to file your return and which          source income.
form(s) you need to complete, you may need to determine 
the source of each item of income you received during the          Compensation for Labor or Personal 
tax year.                                                          Services
This  chapter  discusses  the  rules  for  determining  if  the 
                                                                   Income  from  labor  or  personal  services  includes  wages, 
source of your income is from:
                                                                   salaries,  commissions,  fees,  per  diem  allowances,  em-
American Samoa,                                                  ployee  allowances  and  bonuses,  and  fringe  benefits.  It 
The Commonwealth of the Northern Mariana Islands,                also includes income earned by sole proprietors and gen-
                                                                   eral  partners  from  providing  personal  services  in  the 
The Commonwealth of Puerto Rico (Puerto Rico),                   course of their trades or businesses.
Guam, or
                                                                   Services performed wholly within a relevant territory. 
The U.S. Virgin Islands.                                         Generally, all pay you receive for services performed in a 
Generally, the same rules that apply for determining U.S.          relevant territory is considered to be from sources within 
source income also apply for determining territory source          that territory. However, there are exceptions to this rule as 
income. However, there are some important exceptions to            discussed further below.
these rules. Both the general rules and the exceptions are              U.S. Armed Forces.            If you are a bona fide resident of 
discussed in this chapter.                                         a relevant territory, your military service pay on active duty 
                                                                   will  be  sourced  in  that  territory  even  if  you  perform  the 
U.S. income rule.     This rule states that income is not terri-
                                                                   services in the United States or another territory. However, 
tory source income if, under the rules of Internal Revenue 
                                                                   if you are not a bona fide resident of a territory, your mili-
Code sections 861–865, it is treated as income:
                                                                   tary service pay will be income from the
From sources within the United States, or                        United States even if you perform services in a territory.

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Civilian spouse of active duty member of the U.S.                  Do this by multiplying your total compensation (other than 
Armed Forces. If you are a bona fide resident of a U.S.            the fringe benefits discussed later) by the following frac-
territory and choose to keep that territory as your tax resi-      tion:
dence  under  MSRRA  when  relocating  with  your  service 
member  spouse  under  military  orders,  the  source  of  in-                   Number of days you performed 
come for your labor or personal services is considered to                         services in the relevant 
be that territory. Likewise, if your tax residence is in one of                   territory during the year
the 50 states or the District of Columbia before relocating                       Total number of days you 
and  you  choose  to  keep  it  as  your  tax  residence,  the                   performed services during the year
source of income for services performed in any of the U.S. 
territories is considered to be the United States and, spe-         You can use a unit of time less than a day in the above 
cifically, your state of residence or the District of Columbia.    fraction,  if  appropriate.  The  time  period  for  which  the  in-
For more information, see the following.                           come  is  made  does  not  have  to  be  a  year.  Instead,  you 
 Notice 2010-30, available at IRS.gov/irb/                       can  use  another  distinct,  separate,  and  continuous  time 
   2010-18_IRB#NOT-2010-30.                                        period  if  you  can  establish  to  the  satisfaction  of  the  IRS 
                                                                   that this other period is more appropriate.
 Notice 2011-16, available at IRS.gov/irb/
   2011-17_IRB#NOT-2011-16.                                         Example.   In 2023, you worked in your employer's of-
 Notice 2012-41, available at IRS.gov/irb/                       fice in the United States for 60 days and in the Puerto Rico 
   2012-26_IRB#NOT-2012-41.                                        office for 180 days, earning a total of $80,000 for the year. 
                                                                   Your Puerto Rico source income is $60,000, figured as fol-
Also, you can consult with state, local, or U.S. territory         lows.
tax  authorities  regarding  your  tax  obligations  under 
MSRRA.                                                                    180 days
                                                                                  ×         $80,000   =       $60,000
                                                                          240 days
De minimis exception. There is an exception to the rule 
for determining the source of income earned in a territory. 
Generally, you will not have income from a territory if dur-        Multi-year  compensation. The  source  of  multi-year 
ing a tax year you:                                                compensation  is  generally  determined  on  a  time  basis 
 Are a U.S. citizen or resident;                                 over the period to which the compensation is attributable. 
                                                                   Multi-year compensation is compensation that is included 
 Are not a bona fide resident of that territory;
                                                                   in your income in 1 tax year but is attributable to a period 
 Are not employed by or under contract with an individ-          that includes 2 or more tax years. You determine the pe-
   ual, partnership, or corporation that is engaged in a           riod to which the income is attributable based on the facts 
   trade or business in that territory;                            and circumstances of your case. For more information on 
 Temporarily perform services in that territory for 90           multi-year  compensation,  see  Regulations  section 
   days or less; and                                               1.861-4(b).
 Earned $3,000 or less from such services.                        Certain fringe benefits sourced on a geographical 
                                                                   basis. If you received any of the following fringe benefits 
Services performed partly inside and partly outside a              as  compensation  for  labor  or  services  performed  as  an 
relevant  territory. If  you  are  an  employee  and  receive      employee partly inside and partly outside a relevant terri-
compensation  for  labor  or  personal  services  performed        tory, you must source that income on a geographical ba-
both inside and outside the relevant territory, special rules      sis.
apply  in  determining  the  source  of  the  compensation. 
Compensation  (other  than  certain  fringe  benefits)  is           Housing.
sourced on a time basis. Certain fringe benefits (such as            Education.
housing  and  education)  are  sourced  on  a  geographical            Local transportation.
                                                                   
basis.
Or you may be permitted to use an alternative basis to               Tax reimbursement.
determine  the  source  of  compensation.  See    Alternative        Hazardous or hardship duty pay.
basis, later.
If you are self-employed, determine the source of your               Moving expense reimbursement.
income  for  labor  or  personal  services  from  self-employ-      For information on determining the source of the fringe 
ment on the basis that most correctly reflects the proper          benefits listed above, see Regulations section 1.861-4(b).
source of that income under the facts and circumstances 
                                                                    Alternative  basis. You  can  determine  the  source  of 
of your particular case. In many cases, the facts and cir-
                                                                   your compensation under an alternative basis if you estab-
cumstances will call for an apportionment on a time basis, 
                                                                   lish to the satisfaction of the IRS that, under the facts and 
as explained next.
                                                                   circumstances  of  your  case,  the  alternative  basis  more 
Time basis.  Use a time basis to figure your compen-               properly  determines  the  source  of  your  income  than  the 
sation  for  labor  or  personal  services  from  the  relevant    time or geographical basis. If you use an alternative basis, 
territory  (other  than  the  fringe  benefits  discussed  later). you must keep (and have available for inspection) records 

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to document why the alternative basis more properly de-              Royalties. Royalties  from  natural  resources  located  in  a 
termines the source of your income.                                  relevant  territory  are  considered  income  from  sources 
                                                                     within that territory.
Pensions. Generally,  pension  income  has  two  compo-              Also  considered  territory  source  income  are  royalties 
nents: contributions to the pension plan and the earnings            received for the use of, or for the privilege of using, in a 
accrued from investing those contributions. The contribu-            relevant  territory,  patents,  copyrights,  secret  processes 
tion portion is sourced according to where services were             and formulas, goodwill, trademarks, trade brands, franch-
performed that earned the pension. The investment earn-              ises, and other like property.
ings  portion  is  sourced  according  to  the  location  of  the 
pension trust making the distributions.
                                                                     Sales or Other Dispositions of 
Example.   You are a U.S. citizen who worked in Puerto               Property
Rico for a U.S. company. All services were performed in 
Puerto  Rico.  Upon  retirement,  you  remained  in  Puerto          The source rules for sales or other dispositions of property 
Rico and began receiving your pension from the U.S. pen-             are  varied.  The  most  common  situations  are  discussed 
sion  trust  of  your  employer.  Distributions  from  the  U.S.     below.
pension trust must be allocated between (1) contributions, 
which are Puerto Rico source income; and (2) investment              Real  property. Real  property  includes  land  and  build-
earnings, which are U.S. source income.                              ings,  and  generally  anything  built  on,  growing  on,  or  at-
                                                                     tached to land. The location of the property generally de-
Disaster and coronavirus-related tax relief.  If you                 termines the source of income from the sale. For example, 
are required to file a U.S. federal income tax return, you           if you are a bona fide resident of Guam and sell your home 
may  be  entitled  to  some  special  disaster  and  coronavi-       that is located in Guam, the gain on the sale is sourced in 
rus-related rules regarding the use of retirement funds. For         Guam. If, however, the home you sold was located in the 
more  information,  see  Form  8915-E,  Form  8915-F,  and           United States, the gain is U.S. source income.
their instructions.
To determine whether you are required to file a U.S. in-             Personal  property.   The  term  “personal  property”  refers 
come tax return, see chapter 3.                                      to  property  (such  as  machinery,  equipment,  or  furniture) 
                                                                     that is not real property. Generally, gain (or loss) from the 
                                                                     sale or other disposition is sourced according to the sell-
Investment Income
                                                                     er's tax home. If personal property is sold by a bona fide 
This  category  includes  such  income  as  interest,  divi-         resident of a relevant territory, the gain (or loss) from the 
dends, rents, and royalties.                                         sale is treated as sourced within that territory.
                                                                     This rule does not apply to the sale of inventory, intangi-
Interest income.   The source of interest income is gener-           ble  property,  depreciable  personal  property,  or  property 
ally  determined  by  the  residence  of  the  payer.  Interest      sold  through  a  foreign  office  or  fixed  place  of  business. 
paid by corporations created or organized in a relevant ter-         The rules applying to sales of inventory are discussed be-
ritory (territory corporation) or by individuals who are bona        low. For information on sales of the other types of property 
fide residents of a relevant territory is considered income          mentioned, see Internal Revenue Code section 865.
from sources within that territory.
However, there is an exception to this rule if you are a             Inventory. Your  inventory  is  personal  property  that  is 
bona  fide  resident  of  a  relevant  territory,  receive  interest stock in trade or that is held primarily for sale to customers 
from  a  corporation  created  or  organized  in  that  territory,   in  the  ordinary  course  of  your  trade  or  business.  The 
and are a shareholder of that corporation, and you own,              source of income from the sale of inventory depends on 
directly or indirectly, at least 10% of the total voting stock       whether the inventory was purchased or produced.
of the corporation. See Regulations section 1.937-2(i) for           Purchased.      Income from the sale of inventory that you 
more information.                                                    purchased is sourced where you sell the property. Gener-
                                                                     ally, this is where title to the property passes to the buyer. 
Dividends. Generally,  dividends  paid  by  a  corporation 
                                                                     However,  income  from  the  sale  of  inventory  purchased 
created or organized in a relevant territory will be consid-
                                                                     within a U.S. territory and sold within the United States is 
ered income from sources within that territory. There are 
                                                                     sourced based on an allocation. For information on mak-
additional rules for bona fide residents of a relevant terri-
                                                                     ing the allocation, see Regulations section 1.863-3.
tory who receive dividend income from territory corpora-
tions, and who own, directly or indirectly, at least 10% of          Produced.  Income from the sale of inventory that you 
the voting stock of the corporation. For more information,           produced in a relevant territory and sold outside that terri-
see Regulations section 1.937-2(g).                                  tory (or vice versa) is sourced based on an allocation. For 
                                                                     information  on  making  the  allocation,  see  Regulations 
Rental income.     Rents from property located in a relevant         section 1.863-3.
territory  are  treated  as  income  from  sources  within  that 
territory.

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Special Rules for Gains From Dispositions                            basis in whole or in part by reference to property descri-
of Certain Property                                                  bed in (1) or (2). See chapter 3 for filing information.

There are special rules for gains from dispositions of cer-          Special election. You can choose to treat the part of gain 
tain investment property (for example, stocks, bonds, debt           (or  loss)  attributable  to  the  time  you  held  the  property 
instruments, diamonds, and gold) owned by a U.S. citizen             while a bona fide resident of the relevant territory (the terri-
or resident alien prior to becoming a bona fide resident of          tory holding period) as gain (or loss) from sources within 
a  territory.  You  are  subject  to  these  special  rules  if  you that territory. Make the election by reporting the gain attrib-
meet both of the following conditions.                               utable  to  the  territory  holding  period  on  your  income  tax 
 For the tax year for which the source of the gain must            return  for  the  year  of  disposition.  This  election  overrides 
   be determined, you are a bona fide resident of the rel-           both of the special rules discussed earlier.
   evant territory.                                                  There are two methods for figuring the gain (or loss) for 
                                                                     the territory holding period, one for marketable securities 
 For any of the 10 years preceding that year, you were             and another for other types of investment property.
   a citizen or resident alien of the United States (other 
   than a bona fide resident of the relevant territory).             Marketable  securities.       Marketable  securities  are 
                                                                     those actively traded on an established financial market, 
If you meet these conditions, gains from the disposition             such  as  stock  in  a  publicly  held  corporation.  Under  the 
of this property will not be treated as income from sources          special election, allocate the gain (or loss) by figuring the 
within  the  relevant  territory  for  purposes  of  the  Internal   appreciation separately for your territory and U.S. holding 
Revenue Code. Accordingly, bona fide residents of Ameri-             periods.
can  Samoa  and  Puerto  Rico,  for  example,  may  not  ex-         Your territory holding period begins on the first day you 
clude the gain on their U.S. tax return. (See chapter 3 for          do not have a tax home outside the relevant territory. The 
additional  filing  information.)  With  respect  to  the  CNMI,     gain (or loss) attributable to the territory holding period is 
Guam, and the USVI, the gain from the disposition of this            the  difference  in  fair  market  value  of  the  security  at  the 
property  will  not  meet  the  requirements  for  certain  tax      close of the market on the first and last days of this hold-
rules that may allow bona fide residents of those territories        ing period. This is your gain (or loss) that is treated as be-
to reduce or obtain a rebate of taxes on income from sour-           ing from sources within the relevant territory. If you were a 
ces within the relevant territories.                                 bona  fide  resident  of  the  relevant  territory  for  more  than 
                                                                     one continuous period, combine the gains (or losses) from 
For  details,  see  Regulations  section  1.937-2(f)(1)  and         each territory holding period.
Examples 1 and 2 of section 1.937-2(k).
                                                                     Example 2.      Assume the same facts as in Example 1, 
Example  1. In  2017,  you,  a  U.S.  citizen,  lived  in  the       except that you make the special election to allocate the 
United States and paid $1,000 for 100 shares of stock in             gain between your U.S. and territory holding periods. Your 
the  Rose  Corporation,  a  U.S.  corporation  listed  on  the       territory  holding  period  began  March  1,  2020,  the  date 
New York Stock Exchange. On March 1, 2020, you moved                 your tax home changed to Puerto Rico. Therefore, the por-
to Puerto Rico and changed your tax home to Puerto Rico              tion of the gain attributable to your territory holding period 
on the same date. You satisfied the presence test in 2020            is $5,000 ($7,000 sale price – $2,000 closing value on the 
and, under the year-of-move exception, you were consid-              first  day  of  the  territory  holding  period).  By  reporting 
ered  a  bona  fide  resident  of  Puerto  Rico  for  the  rest  of  $5,000 of your $6,000 gain as Puerto Rico source income 
2020. On March 1, 2020, the closing value of your stock in           on your 2023 Puerto Rico tax return (and the remainder as 
the  Rose  Corporation  was  $2,000.  On  January  5,  2023,         non-Puerto  Rico  source  income),  you  elect  to  treat  that 
while still a bona fide resident of Puerto Rico, you sold all        amount as Puerto Rico source income.
your Rose Corporation stock for $7,000. Under the special 
rules discussed earlier, none of your $6,000 gain will be            Other personal property.        For personal property other 
treated as income from sources within Puerto Rico.                   than  marketable  securities,  use  a  time-based  allocation. 
                                                                     Figure the gain (or loss) attributable to the territory holding 
        The source rules discussed in the preceding para-            period by multiplying your total gain (or loss) by the follow-
!       graphs supplement, and may apply in conjunction              ing fraction.
CAUTION with, an existing special rule. This existing special 
rule applies if you are a U.S. citizen or resident alien who                           Number of days in the 
becomes  a  bona  fide  resident  of  American  Samoa,  the                            territory holding period
CNMI, or Guam, and who has gain from the disposition of 
                                                                                       Total number of days 
certain  U.S.  assets  during  the  10-year  period  beginning                         in your holding period
when you became a bona fide resident. The gain is U.S. 
source income that is generally subject to U.S. tax if the 
                                                                     The result is your gain (or loss) that is treated as being 
property is either (1) located in the United States; (2) stock 
                                                                     from sources within the relevant territory.
issued by a U.S. corporation or a debt obligation of a U.S. 
person or of the United States, a state (or political subdivi-       Example 3.      In addition to the stock in Rose Corpora-
sion), or the District of Columbia; or (3) property that has a       tion, you acquired a 5% interest in the Alder Partnership 
                                                                     on  January  1,  2019.  On  March  1,  2020,  when  you 

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established bona fide residency in Puerto Rico, your part-          similar properties if the rents or royalties are from the 
nership interest was not considered a marketable security.          active conduct of a trade or business in the relevant 
On September 15, 2023, while still a bona fide resident of          territory.
Puerto Rico, you sold your interest in Alder Partnership for 
                                                                  2. Dividends or interest from the active conduct of a 
a $100,000 gain. You had owned the interest for a total of 
                                                                    banking, financing, or similar business in the relevant 
1,719  days.  Your  territory  holding  period  (from  March  1, 
                                                                    territory.
2020,  through  September  15,  2023)  is  1,294  days.  The 
portion of your gain attributable to Puerto Rico is $75,276       3. Income, gain, or loss from the sale or exchange out-
($100,000 x (1,294 Puerto Rico days ÷ 1,719 total days)).           side the relevant territory, through the office or other 
By  reporting  $75,276  of  your  $100,000  gain  as  Puerto        fixed place of business in the relevant territory, of:
Rico source income on your 2023 Puerto Rico tax return 
                                                                       a. Stock in trade,
(and  the  remainder  as  non-Puerto  Rico  source  income), 
you elect to treat $75,276 as Puerto Rico source income.               b. Property that would be included in inventory if on 
                                                                       hand at the end of the tax year, or
                                                                       c. Property held primarily for sale to customers in the 
                                                                       ordinary course of business.
Scholarships, Fellowships, Grants, 
Prizes, and Awards                                                Item (3) above will not apply if you sold the property for 
                                                                  use, consumption, or disposition outside the relevant terri-
The source of these types of income is generally the resi-        tory and an office or other fixed place of business in a for-
dence of the payer, regardless of who actually disburses          eign country was a material factor in the sale.
the  funds.  Therefore,  in  order  to  be  territory  source  in-
come, the payer must be a resident of the relevant terri-         Example.    You  are  a  bona  fide  resident  of  American 
tory, such as an individual who is a bona fide resident or a      Samoa. Your business, which you conduct from an office 
corporation created or organized in that territory.               in American Samoa, is developing and selling specialized 
                                                                  computer  software.  A  software  purchaser  will  frequently 
        These rules do not apply to amounts paid as sal-          pay you an additional amount to install the software on the 
!       ary or other compensation for services. See Com-          purchaser's operating system and to ensure that the soft-
CAUTION pensation for Labor or Personal Services, earlier         ware is functioning properly. You install the software at the 
in this chapter, for the source rules that apply.                 purchaser's place of business, which may be in American 
                                                                  Samoa, in the United States, or in another country. The in-
                                                                  come  from  selling  the  software  is  effectively  connected 
                                                                  with  the  conduct  of  your  business  in  American  Samoa, 
Effectively Connected Income                                      even though the product's destination may be outside the 
                                                                  territory.  However,  the  compensation  you  receive  for  in-
In limited circumstances, some kinds of income from sour-         stalling the software (personal services) outside of Ameri-
ces outside the relevant territory must be treated as effec-      can Samoa is not effectively connected with the conduct 
tively connected with a trade or business in that territory.      of  your  business  in  the  territory—the  income  is  sourced 
These circumstances are listed below.                             where you perform the services. 
You have an office or other fixed place of business in 
  the relevant territory to which the income can be attrib-
  uted.
That office or place of business is a material factor in 
  producing the income.
                                                                  3.
The income is produced in the ordinary course of the 
  trade or business carried on through that office or 
  other fixed place of business.                                  Filing Information for 
An office or other fixed place of business is a material 
factor if it significantly contributes to, and is an essential    Individuals in Certain 
economic element in, the earning of the income.
                                                                  U.S. Territories
The three kinds of income from sources outside the rel-
evant territory to which these rules apply are the following.     If  you  have  income  from  American  Samoa,  the  CNMI, 
1. Rents and royalties for the use of, or for the privilege       Guam, Puerto Rico, or the USVI, you may have to file a tax 
  of using, intangible personal property located outside          return with the tax department of that territory. Or you may 
  the relevant territory or from any interest in such prop-       have to file two annual tax returns, one with the territory’s 
  erty. Included are rents or royalties for the use of, or        tax department and the other with the IRS. This chapter 
  for the privilege of using, outside the relevant territory,     covers the general rules for filing returns in the five territo-
  patents, copyrights, secret processes and formulas,             ries.
  goodwill, trademarks, trade brands, franchises, and 

Publication 570 (2023) Chapter 3      Filing Information for Individuals in Certain U.S.                                  15
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You must first determine if you are a bona fide resident of    Bona Fide Resident of
the relevant territory. See chapter 1 for a discussion of the  American Samoa
requirements you must meet.
                                                               Bona fide residents of American Samoa are generally ex-
You should ask for forms and advice about the filing of ter-
                                                               empt  from  U.S.  tax  on  their  American  Samoa  source  in-
ritory tax returns from that territory’s tax department, not 
                                                               come.
the IRS. Contact information is listed in this chapter under 
the heading for each territory.                                U.S.  citizen  or  resident  alien. If  you  are  a  U.S.  citizen 
                                                               (or national) or resident alien and a bona fide resident of 
Disaster tax relief.  If you are required to file an income 
                                                               American Samoa during the tax year, you must generally 
tax return with the IRS, you may be entitled to disaster tax 
                                                               file the following returns.
relief. For more information about the tax relief that may be 
available, see chapter 4.                                       An American Samoa tax return reporting your gross 
                                                                  income from worldwide sources. If you report 
                                                                  non-American Samoa source income on your Ameri-
                                                                  can Samoa tax return, you can claim a credit against 
American Samoa                                                    your American Samoa tax liability for income taxes 
                                                                  paid on that income to the United States, a foreign 
American Samoa has its own separate and independent 
                                                                  country, or another territory.
tax system. Although its tax laws are modeled on the U.S. 
Internal Revenue Code, there are certain differences.           A U.S. tax return reporting income from worldwide 
                                                                  sources, but excluding income from sources within 
Where To Get Forms and Information                                American Samoa. However, amounts received for 
                                                                  services performed as an employee of the United 
        Requests  for  advice  about  matters  connected          States or any of its agencies cannot be excluded (see 
        with  American  Samoan  taxation  should  be  sent        U.S. Government employees under Special Rules for 
        to:                                                       American Samoa, later).
   American Samoa Government Tax Office                        To exclude American Samoa source income, attach a 
   Executive Office Building                                   completed  Form  4563  to  your  U.S.  tax  return  (see  Form 
   Pago Pago, AS 96799                                         4563,  later,  for  more  information).  If  you  are  excluding 
                                                               American Samoa source income on your U.S. tax return, 
                                                               you will not be allowed any deductions from gross income 
        The phone number is 684-633-4181.                      or credits against tax that are directly or indirectly alloca-
                                                               ble  to  the  excluded  income.  For  more  information,  see 
                                                               Special  Rules  for  Completing  Your  U.S.  Tax  Return  in 
                                                               chapter 4.
        You  can  access  the  American  Samoa  Govern-        If all of your income is from American Samoa sources, 
        ment Tax Office at  www.americansamoa.gov/tax-         you are not required to file a U.S. tax return. However, if 
        office.                                                you have self-employment income, see Self-employment 
                                                               tax, later.
        The fax number is 684-633-1513.
                                                               Nonresident  alien. If  you  are  a  bona  fide  resident  of 
                                                               American  Samoa  during  the  tax  year,  but  a  nonresident 
        The addresses and phone numbers listed above           alien of the United States, you must generally file the fol-
                                                               lowing returns.
!       are subject to change.
CAUTION                                                         An American Samoa tax return reporting worldwide in-
                                                                  come.
Which Returns To File                                           A U.S. tax return (Form 1040 or 1040-SR) reporting in-
                                                                  come from worldwide sources, but excluding Ameri-
Your residency status and your source of income with re-          can Samoa source income other than amounts for 
gard to American Samoa determine whether you file your            services performed as an employee of the United 
return and pay your tax to American Samoa, to the United          States or any of its agencies. For more information, 
States, or to both.                                               see U.S. Government employees under Special Rules 
In addition to the information below that is categorized          for American Samoa, later. To exclude income from 
by  residency  status,  the Special  Rules  for  American  Sa-    sources within American Samoa, attach a completed 
moa section, later, contains important information for de-        Form 4563 to your U.S. tax return (see Form 4563, 
termining the correct forms to file.                              later, for more information).
                                                                      For  all  other  tax  purposes,  however,  you  will  be 
                                                                  treated as a nonresident alien individual. For example, 
                                                                  you are not allowed the standard deduction, you can-
                                                                  not file a joint return, and you are not allowed a deduc-
                                                                  tion for a dependent unless that person is a citizen or 

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   national  of  the  United  States.  There  are  also  limita-    tax, Additional Medicare Tax, and/or NIIT to the IRS, get 
   tions on what deductions and credits are allowed. See            Form 1040-ES.
   Pub. 519 for more information.                                   To  pay  by  check  or  money  order,  send  your  payment 
                                                                    with the Form 1040-ES payment voucher to:
Form 4563.   If you must file a U.S. income tax return and 
you qualify to exclude any of your income from American               Internal Revenue Service
Samoa, claim the exclusion by completing Form 4563 and                P.O. Box 1303
attaching  it  to  your  Form  1040  or  1040-SR.  Form  4563         Charlotte, NC 28201-1303
cannot be filed by itself.                                            USA

Where to file. If you are a bona fide resident of American          To get information on paying electronically (by credit or 
Samoa  during  the  tax  year  and  you  are  not  including  a     debit card, or through the Electronic Federal Tax Payment 
check or money order, send your U.S. tax return and all at-         System (EFTPS)), go to IRS.gov/Payments.
tachments (including Form 4563) to:                                 For  information  on  making  estimated  income  tax  pay-
                                                                    ments to American Samoa, see Where To Get Forms and 
   Department of the Treasury
                                                                    Information, earlier.
   Internal Revenue Service
   Austin, TX 73301-0215
   USA                                                              Not a Bona Fide Resident of American 
                                                                    Samoa
   If you are including a check or money order, send your 
                                                                    An individual who is not a bona fide resident of American 
U.S. tax return and all attachments (including Form 4563) 
                                                                    Samoa for the tax year but has income sourced in Ameri-
to:
                                                                    can Samoa generally files both U.S. and American Samoa 
   Internal Revenue Service                                         tax returns, and claims a foreign tax credit on the U.S. re-
   P.O. Box 1303                                                    turn for taxes paid to American Samoa.
   Charlotte, NC 28201-1303
                                                                    U.S. citizen or resident alien. If you are a U.S. citizen or 
   USA
                                                                    resident alien but not a bona fide resident of American Sa-
                                                                    moa during the tax year, you must generally file the follow-
   Send your American Samoa tax return and all attach-
                                                                    ing returns.
ments  to  the  address  given  under Where  To  Get  Forms 
and Information, earlier.                                           An American Samoa tax return reporting only your in-
                                                                      come from sources within American Samoa. Wages 
Self-employment  tax.      If  you  are  not  required  to  file  a   for services performed in American Samoa, whether 
U.S. tax return but have income that is effectively connec-           for a private employer, the U.S. Government, or other-
ted with a trade or business in American Samoa, you must              wise, are income from sources within American Sa-
file  Form  1040-SS  with  the  United  States.  On  this  form,      moa.
you will report your self-employment income to the United 
States, and, if necessary, pay self-employment tax on that          A U.S. tax return reporting your income from world-
                                                                      wide sources. You can take a credit against your U.S. 
income.  For  more  information,  see Self-Employment  Tax 
                                                                      tax liability if you paid income taxes to American Sa-
in chapter 4.
                                                                      moa (or other territory or foreign country) and reported 
Additional  Medicare  Tax. You  may  be  required  to  pay            income from those sources on your U.S. tax return.
Additional Medicare Tax. Also, you may need to report Ad-           De minimis exception to determining source of in-
ditional Medicare Tax withheld by your employer. For more           come. In certain situations, you will not have income from 
information,  see Additional  Medicare  Tax  under Special          a territory. See De minimis exception under Compensation 
Rules for Completing Your U.S. Tax Return in chapter 4.             for Labor or Personal Services in chapter 2.

Net Investment Income Tax (NIIT).     The NIIT is 3.8% of           Nonresident alien.   If you are a nonresident alien of the 
the lesser of an individual’s net investment income or the          United States who does not qualify as a bona fide resident 
excess of the individual’s modified adjusted gross income           of  American  Samoa  for  the  tax  year,  you  must  generally 
over a specified threshold amount. The NIIT will apply to a         file the following returns.
bona fide resident of American Samoa if a taxpayer has 
modified adjusted gross income from sources outside of              An American Samoa tax return reporting only your in-
American  Samoa  that  exceeds  a  specified  threshold               come from sources within American Samoa. In this sit-
amount, for example, $200,000 for single filers. The NIIT             uation, wages for services performed in American Sa-
does not apply to any individual who is a nonresident alien           moa, whether for a private employer, the U.S. 
with respect to the United States. See Form 8960 and its              Government, or otherwise, is income from sources 
instructions for more information on the NIIT.                        within American Samoa.
                                                                    A U.S. tax return (Form 1040-NR) reporting U.S. 
Estimated tax payments.    To see if you are required to              source income according to the rules for a nonresident 
make payments of estimated income tax, self-employment                alien. See the Instructions for Form 1040-NR.

Publication 570 (2023)      Chapter 3      Filing Information for Individuals in Certain U.S.                            17
                                                   Territories



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Where to file. If you are not a bona fide resident of Amer-    military income is American Samoa-source income. In this 
ican Samoa during the tax year, and you are not including      case, you will follow the tax rules for U.S. Government em-
a check or money order, send your U.S. tax return and all      ployee  wages  above,  regardless  of  where  you  are  sta-
attachments to:                                                tioned.  If  you  are  an  active  duty  member  of  the  U.S. 
                                                               Armed Forces whose state of legal residence is not Amer-
   Department of the Treasury                                  ican Samoa, the source of your military wages is generally 
   Internal Revenue Service                                    the  same  as  your  state  of  legal  residence  (that  is,  not 
   Austin, TX 73301-0215                                       sourced in American Samoa). In that case, you will follow 
   USA                                                         the  tax  rules  for  U.S.  Government  employee  wages  for 
                                                               your state of legal residence, regardless of where you are 
If you are including a check or money order, send your         stationed.
U.S. tax return and all attachments to:
                                                               Civilian  spouse  of  active  duty  member  of  the  U.S. 
   Internal Revenue Service                                    Armed Forces.      If you are a civilian spouse of an active 
   P.O. Box 1303                                               duty member of the U.S. Armed Forces, see Special rule 
   Charlotte, NC 28201-1303                                    for  civilian  spouse  of  active  duty  member  of  the  U.S. 
   USA                                                         Armed Forces in chapter 1 for more information.
                                                               The spouse of the service member may elect to use the 
Send your American Samoa tax return and all attach-            same residence for tax purposes as the service member 
ments  to  the  address  given  under Where  To  Get  Forms    regardless  of  the  date  on  which  the  marriage  of  the 
and Information, earlier.                                      spouse and service member occurred.

                                                               Federal  retiree  pension  income. Federal  retirees  who 
Special Rules for American Samoa
                                                               are bona fide residents of American Samoa must file an 
                                                               income  tax  return  with  American  Samoa  to  report  all  in-
In addition to the general rules given earlier for filing U.S. 
                                                               come from all sources, including federal pension income. 
and American Samoa tax returns, there are some special 
                                                               The retiree may also have an income tax filing requirement 
rules that apply to certain individuals and types of income.
                                                               with the United States, depending upon the source of the 
U.S. Government employees.    U.S. Government wages,           retiree’s pension income. Pension income can have multi-
including  for  services  performed  in  American  Samoa,      ple  sources.  See Pensions  and  other  source  of  income 
must  be  included  in  U.S.  gross  income  and  reported  on rules in chapter 2 for more information. If any part of the 
both your U.S. and American Samoa income tax returns.          pension  income  is  sourced  in  the  United  States,  the  re-
Regardless of whether you are a bona fide resident of          tiree  must  also  file  an  income  tax  return  with  the  United 
American Samoa, you may have to file an income tax re-         States.
turn with both the United States and American Samoa.           Disaster and coronavirus-related tax relief.              If you 
 You must generally report all income on your U.S. in-       are required to file a U.S. federal income tax return, you 
   come tax return, regardless of source. Although a           may  be  entitled  to  some  special  disaster  and  coronavi-
   bona fide resident of American Samoa may generally          rus-related rules regarding the use of retirement funds. For 
   exclude American Samoa source income from their             more  information,  see  Form  8915-E,  Form  8915-F,  and 
   U.S. income tax return, pay from the U.S. Government        their instructions.
   for services performed in American Samoa must be 
   included on your U.S. income tax return regardless of       Moving expense deduction.    The deduction for moving 
   whether you are a bona fide resident of American Sa-        expenses is suspended unless you are a member of the 
   moa. You can claim a withholding credit on your U.S.        U.S. Armed Forces who moves pursuant to a military or-
   income tax return for federal income taxes withheld         der  and  incident  to  a  permanent  change  of  station.  For 
   from your federal wages (as well as a foreign tax credit    more information, see Pub. 3.
   for income tax paid to American Samoa on the same 
   income).                                                    Double Taxation
 On your American Samoa income tax return, you must 
                                                               A  mutual  agreement  procedure  exists  to  settle  cases  of 
   report all income from American Samoa sources (and 
                                                               double taxation between the United States and American 
   from all other sources if you are a bona fide resident of 
                                                               Samoa. See Double Taxation in chapter 4. 
   American Samoa), including your wages from the U.S. 
   Government for services performed in American Sa-
   moa. For further information about your American Sa-
   moa income tax obligations, contact the American Sa-        The Commonwealth
   moa Government Tax Office at the address and phone 
   number indicated in chapter 3.                              of Puerto Rico

Active duty member of the U.S. Armed Forces.  If you           The Commonwealth of Puerto Rico has its own separate 
are  an  active  duty  member  of  the  U.S.  Armed  Forces    and independent tax system. Although it is modeled after 
whose state of legal residence is American Samoa, your         the U.S. system, there are differences in law and tax rates.

18                          Chapter 3  Filing Information for Individuals in Certain U.S.   Publication 570 (2023)
                                                       Territories



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Where To Get Forms and Information                                   dent of Puerto Rico for at least 2 years before moving from 
                                                                     Puerto  Rico.  In  this  case,  you  can  exclude  your  income 
        Requests for information about the filing of Puerto          derived  from  sources  within  Puerto  Rico  (but  not  wages 
        Rico tax returns should be addressed to:                     and salaries received as an employee of the U.S. Govern-
                                                                     ment or its agencies) that you earned before the date you 
  Departamento de Hacienda
                                                                     changed your residence. For more information, see Puerto 
  Área de Política Contributiva
                                                                     Rico under Year of Moving From a Territory in chapter 1.
  P.O. Box 9024140
  San Juan, Puerto Rico 00902-4140                                   Nonresident alien. If you are a bona fide resident of Pu-
                                                                     erto Rico during the tax year, but a nonresident alien of the 
                                                                     United  States,  you  must  generally  file  the  following  re-
        The  phone  numbers  are  787-622-0123  and                  turns.
        787-620-2323.
                                                                     A Puerto Rico tax return reporting income from world-
                                                                       wide sources. If you report U.S. source income on 
        You  can  access  the  Hacienda  website  at                   your Puerto Rico tax return, you can claim a credit 
        www.hacienda.pr.gov.                                           against your Puerto Rico tax, up to the amount allowa-
                                                                       ble, for income taxes paid to the United States.
        The addresses and phone numbers listed above                 A U.S. tax return (Form 1040 or 1040-SR) reporting in-
!       are subject to change.                                         come from worldwide sources, but excluding Puerto 
CAUTION                                                                Rico source income (other than amounts for services 
                                                                       performed as an employee of the United States or any 
Which Returns To File                                                  of its agencies). For tax purposes other than reporting 
                                                                       income, however, you will be treated as a nonresident 
Generally, you will file returns with both Puerto Rico and             alien individual. For example, you are not allowed the 
the  United  States.  The  income  reported  on  each  return          standard deduction, you cannot file a joint return, and 
depends on your residency status in Puerto Rico. To de-                you are not allowed a deduction for a dependent un-
termine if you are a bona fide resident of Puerto Rico and             less that person is a citizen or national of the United 
have income sourced within and outside Puerto Rico, see                States. There are also limitations on what deductions 
the information in chapter 1.                                          and credits are allowed. See Pub. 519 for more infor-
                                                                       mation.
Bona Fide Resident of Puerto Rico
                                                                     Self-employment tax. If you have no U.S. filing require-
Bona fide residents of Puerto Rico will generally pay tax to         ment but have income that is effectively connected with a 
Puerto Rico on their worldwide income.                               trade  or  business  in  Puerto  Rico,  you  must  file  Form 
                                                                     1040-SS with the United States to report your self-employ-
U.S. citizen or resident alien. If you are a U.S. citizen or         ment income and, if necessary, pay self-employment tax. 
resident alien and also a bona fide resident of Puerto Rico          For more information, see Self-Employment Tax in chap-
during  the  tax  year,  you  must  generally  file  the  following  ter 4.
returns.
                                                                     Additional  Medicare  Tax. You  may  be  required  to  pay 
A Puerto Rico tax return reporting income from world-              Additional Medicare Tax. Also, you may need to report Ad-
  wide sources. If you report U.S. source income on                  ditional Medicare Tax withheld by your employer. For more 
  your Puerto Rico tax return, you can claim a credit                information,  see Additional  Medicare  Tax  under  Special 
  against your Puerto Rico tax, up to the amount allowa-             Rules for Completing Your U.S. Tax Return in chapter 4.
  ble, for income taxes paid to the United States.
                                                                     Net Investment Income Tax (NIIT).  The NIIT is 3.8% of 
A U.S. tax return reporting income from worldwide 
                                                                     the lesser of an individual’s net investment income or the 
  sources, but excluding Puerto Rico source income. 
                                                                     excess of the individual’s modified adjusted gross income 
  However, see U.S. Government employees under 
                                                                     over a specified threshold amount. The NIIT will apply to a 
  Special Rules for Puerto Rico, later, for an exception.
                                                                     bona fide resident of Puerto Rico if a taxpayer has modi-
If you are excluding Puerto Rico income on your U.S.                 fied adjusted gross income from sources outside of Puerto 
tax return, you will not be allowed any deductions or cred-          Rico that exceeds a specified threshold amount, for exam-
its  that  are  directly  or  indirectly  allocable  to  exempt  in- ple, $200,000 for single filers. The NIIT does not apply to 
come. For more information, see Special Rules for Com-               any individual who is a nonresident alien with respect to 
pleting Your U.S. Tax Return in chapter 4.                           the United States. See Form 8960 and its instructions for 
If all of your income is from Puerto Rico sources, you               more information on the NIIT.
are not required to file a U.S. tax return. However, if you 
have self-employment income, see Self-employment tax,                Estimated tax payments.    To see if you are required to 
later.                                                               make payments of estimated income tax, self-employment 
                                                                     tax, Additional Medicare Tax, and/or NIIT to the IRS, get 
U.S. citizen only. If you are a U.S. citizen, you may also           Form 1040-ES (or Form 1040-ES(PR)).
qualify under these rules if you have been a bona fide resi-

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To  pay  by  check  or  money  order,  send  your  payment            Department of the Treasury
with the Form 1040-ES (or Form 1040-ES(PR)) payment                   Internal Revenue Service
voucher to:                                                           Austin, TX 73301-0215
                                                                      USA
   Internal Revenue Service
   P.O. Box 1303                                                    If you are including a check or money order, send your 
   Charlotte, NC 28201-1303                                         U.S. tax return and all attachments to:
   USA
                                                                      Internal Revenue Service
To get information on paying electronically (by credit or             P.O. Box 1303
debit card, or through the Electronic Federal Tax Payment             Charlotte, NC 28201-1303
System (EFTPS)), go to IRS.gov/Payments.                              USA
For  information  on  making  estimated  income  tax  pay-
ments to Hacienda, see  Where To Get Forms and Infor-               If you request a refund on your Puerto Rico return, send 
mation, earlier.                                                    your Puerto Rico tax return and all attachments to:

Not a Bona Fide Resident of                                           Departamento de Hacienda
                                                                      P.O. Box 9024140
Puerto Rico
                                                                      San Juan, PR 00902-6272
An  individual  who  is  not  a  bona  fide  resident  of  Puerto 
Rico for the tax year may have to file tax returns with both        Send all other Puerto Rico tax returns, with all attach-
Puerto Rico and the United States.                                  ments, to:

U.S. citizen or resident alien. If you are a U.S. citizen or          Departamento de Hacienda
resident alien but not a bona fide resident of Puerto Rico            P.O. Box 9024140
during  the  tax  year,  you  must  generally  file  the  following   San Juan, PR 00902-2501
returns.
 A Puerto Rico tax return reporting only your income              Special Rules for Puerto Rico
   from Puerto Rico sources. Wages for services per-
   formed in Puerto Rico, whether for a private employer,           In addition to the general rules given earlier for filing U.S. 
   the U.S. Government, or otherwise, are income from               and Puerto Rico tax returns, there are some special rules 
   Puerto Rico sources.                                             that apply to certain individuals and types of income.

 A U.S. tax return reporting income from worldwide                U.S. Government employees.  Wages and cost-of-living 
   sources. Generally, you can claim a foreign tax credit           allowances  paid  by  the  U.S.  Government  (or  one  of  its 
   for income taxes paid to Puerto Rico on the Puerto               agencies) for working in Puerto Rico are subject to Puerto 
   Rico income that is subject to Puerto Rico taxes and             Rico tax. However, the cost-of-living allowances are exclu-
   not exempt from U.S. taxes (see chapter 4 for more in-           ded from Puerto Rico gross income up to the amount ex-
   formation).                                                      empt  from  U.S.  tax.  In  order  to  claim  this  exclusion,  you 
                                                                    must:
Nonresident alien. If you are a nonresident alien of the 
United States who does not qualify as a bona fide resident          Include with your Puerto Rico tax return evidence to 
of Puerto Rico for the tax year, you must generally file the          show the amount received during the year, and
following returns.                                                  Be in full compliance with your Puerto Rico tax re-
 A Puerto Rico tax return reporting only your income                sponsibilities.
   from Puerto Rico sources. Wages for services per-                These  wages  are  also  subject  to  U.S.  tax,  but  the 
   formed in Puerto Rico, whether for a private employer,           cost-of-living  allowances  are  excludable.  A  foreign  tax 
   the U.S. Government, or otherwise, is income from                credit is available in order to avoid double taxation.
   Puerto Rico sources.
                                                                    Active duty member of the U.S. Armed Forces.          If you 
 A U.S. tax return (Form 1040-NR) according to the                are  an  active  duty  member  of  the  U.S.  Armed  Forces 
   rules for a nonresident alien. See the Instructions for          whose state of legal residence is Puerto Rico, your military 
   Form 1040-NR.                                                    income  is  Puerto  Rico-source  income.  In  this  case,  you 
De minimis exception to determining source of in-                   will follow the tax rules for U.S. Government employee wa-
come.   In certain situations, you will not have income from        ges above, regardless of where you are stationed. If you 
a territory. See De minimis exception under Compensation            are  an  active  duty  member  of  the  U.S.  Armed  Forces 
for Labor or Personal Services in chapter 2.                        whose  state  of  legal  residence  is  not  Puerto  Rico,  the 
                                                                    source  of  your  military  wages  is  generally  the  same  as 
Where to file.   Use the addresses listed below to file your        your state of legal residence (that is, not sourced in Puerto 
U.S. and Puerto Rico income tax returns.                            Rico).  In  that  case,  you  will  follow  the  tax  rules  for  U.S. 
If you are not including a check or money order, send               Government employee wages for your state of legal resi-
your U.S. tax return and all attachments to:                        dence, regardless of where you are stationed.

20                            Chapter 3      Filing Information for Individuals in Certain U.S. Publication 570 (2023)
                                                      Territories



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Civilian  spouse  of  active  duty  member  of  the  U.S.            Double Taxation
Armed Forces.   If, under the rule discussed at the begin-
ning of chapter 1 (see    Special rule for civilian spouse of        A  mutual  agreement  procedure  exists  to  settle  cases  of 
active duty member of the U.S. Armed Forces), your tax               double taxation between the United States and the Com-
residence is Puerto Rico, follow the guidance in the sec-            monwealth of Puerto Rico. See Double Taxation in chap-
tion for bona fide residents under Which Returns To File,            ter 4. 
earlier.  However,  if  your  tax  residence  is  one  of  the  50 
states  or  the  District  of  Columbia  and  your  only  income 
from Puerto Rico is from wages, salaries, tips, or self-em-
ployment, you will be taxed on your worldwide income and             The Commonwealth of the 

file only a U.S. tax return (Form 1040 or 1040-SR) and a             Northern Mariana Islands
state  and/or  local  tax  return,  if  required.  If  you  have  in-
come from Puerto Rico other than wages, salaries, tips, or           The  CNMI  has  its  own  tax  system  based  partly  on  the 
self-employment that is considered to be sourced in that             same  tax  laws  and  tax  rates  that  apply  to  the  United 
territory  (see Table  2-1),  contact  the  Hacienda  for  guid-     States  and  partly  on  local  taxes  imposed  by  the  CNMI 
ance.                                                                government.
The spouse of the service member may elect to use the 
same residence for tax purposes as the service member 
regardless  of  the  date  on  which  the  marriage  of  the         Where To Get Forms and Information
spouse and service member occurred.                                         Requests  for  advice  about  CNMI  residency  and 
                                                                            tax matters should be addressed to:
Income  from  sources  outside  Puerto  Rico  and  the 
United States.  If you are a U.S. citizen and bona fide res-         Commonwealth of the Northern Mariana Islands
ident of Puerto Rico and you have income from sources                Division of Revenue and Taxation
outside  both  Puerto  Rico  and  the  United  States,  that  in-    P.O. Box 5234 CHRB
come is treated as foreign source income under both tax              Dandan Commercial Center
systems. In addition to your Puerto Rico and U.S. tax re-            Saipan, MP 96950
turns, you may also have to file a return with the country or 
territory from which your outside income was derived. To 
avoid  double  taxation,  a  foreign  tax  credit  is  generally            You  can  order  forms  and  publications  by  calling 
available for either the U.S. or Puerto Rico return.                        670-664-1000.

Example.        You are a bona fide resident of Puerto Rico 
and a U.S. citizen. You traveled to the Dominican Republic                  You can order forms and publications through fax 
and worked in the construction industry for 1 month. Your                   at 670-664-1015.
wages  were  $20,000.  Because  the  wages  were  earned 
outside  Puerto  Rico  and  outside  the  United  States,  you              You  can  access  the  CNMI  website  at 
must  file  a  tax  return  with  Puerto  Rico  and  the  United            www.finance.gov.mp/forms.php.
States.  You  may  also  have  to  file  a  tax  return  with  the 
Dominican Republic.
                                                                            The addresses and phone numbers listed above 
Moving expense deduction.    The deduction for moving                !      are subject to change.
expenses is suspended unless you are a member of the                 CAUTION
U.S. Armed Forces who moves pursuant to a military or-
der  and  incident  to  a  permanent  change  of  station.  For      Which Return To File
more information, see Pub. 3.
                                                                     In general, all individuals with income from the CNMI will 
Additional  child  tax  credit  (ACTC). If  you  are  not  re-       file  only  one  return,  either  to  the  CNMI  or  to  the  United 
quired to file a U.S. income tax return, this credit is availa-      States. Your residency status with regard to the CNMI de-
ble only if you meet all three of the following conditions.          termines  which  return  you  will  file.  Be  sure  to  check  the 
You were a bona fide resident of Puerto Rico during                Special Rules for the Commonwealth of the Northern Ma-
  the entire tax year.                                               riana  Islands,  later,  for  additional  information  about  filing 
                                                                     your tax return.
Social security and Medicare taxes were withheld from 
  your wages or you paid self-employment tax.
You had one or more qualifying children. (For the defi-
  nition of a qualifying child, see the Instructions for 
  Form 1040-SS.)
If your income exceeds certain levels, you may be dis-
qualified from receiving this credit. Use Form 1040-SS to 
claim the ACTC.

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                                                         Territories



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Bona Fide Resident of the Commonwealth                              Gross income of $5,000 or more from sources within 
of the Northern Mariana Islands                                       the CNMI.
                                                                    The United States and the CNMI use this form to divide 
If  you  are  a  U.S.  citizen,  resident  alien,  or  nonresident  your income taxes.
alien and a bona fide resident of the CNMI during the tax 
year, file your income tax return with the CNMI.                    De  minimis  exception  to  determining  source  of  in-
 Include income from worldwide sources on your CNMI               come. In certain situations, you will not have income from 
   return. In determining your total tax payments, include          a territory. See De minimis exception under Compensation 
   all income tax withheld and paid to either the CNMI or           for Labor or Personal Services in chapter 2.
   the United States, any credit for an overpayment of in-
                                                                    Citizen or resident alien of the United States but not 
   come tax to either the CNMI or the United States, and 
                                                                    a  bona  fide  resident  of  the  Commonwealth  of  the 
   any payments of estimated tax to either the CNMI or 
                                                                    Northern  Mariana  Islands.   If  you  are  a  citizen  or  resi-
   the United States. Pay any balance of tax due with 
                                                                    dent alien of the United States but not a bona fide resident 
   your tax return.
                                                                    of the CNMI during the tax year and you are not including 
 Generally, if you properly file your return with, and fully      a check or money order, send your return and all attach-
   pay your income tax to, the CNMI, then you are not lia-          ments to:
   ble for filing an income tax return with, or for paying tax 
   to, the United States for the tax year. However, if you            Department of the Treasury
   were self-employed in 2023, see Self-employment tax,               Internal Revenue Service
   later.                                                             Austin, TX 73301-0215
                                                                      USA
Example.    You were a bona fide resident of the CNMI 
for 2023. You received wages of $30,000 paid by a private           If you are including a check or money order, send your 
employer in the CNMI and dividends of $4,000 from U.S.              U.S. tax return and all attachments to:
corporations  that  carry  on  business  mainly  in  the  United 
States.  You  must  file  a  2023  income  tax  return  with  the     Internal Revenue Service
CNMI Division of Revenue and Taxation. You report your                P.O. Box 1303
total income of $34,000 on the CNMI return.                           Charlotte, NC 28201-1303
                                                                      USA
Where to file. If you are a bona fide resident of the CNMI 
for  the  tax  year,  send  your  return  and  all  attachments  to Nonresident Alien (Other Than a Bona Fide 
the Division of Revenue and Taxation at the address given 
                                                                    Resident of the Commonwealth of the 
earlier.
                                                                    Northern Mariana Islands)

U.S. Citizen or Resident Alien (Other Than a                        If  you  are  a  nonresident  alien  of  the  United  States  who 
Bona Fide Resident of the Commonwealth                              does not qualify as a bona fide resident of the CNMI for 
of the Northern Mariana Islands)                                    the tax year, you must generally file the following returns.
If you have income from sources within the CNMI and are             A CNMI tax return reporting only your income from 
                                                                      sources within the CNMI. In this situation, wages for 
a U.S. citizen or resident alien, but you are not a bona fide 
                                                                      services performed in the CNMI, whether for a private 
resident of the CNMI during the tax year, file your income 
                                                                      employer, the U.S. Government, or otherwise, are in-
tax return with the United States.
                                                                      come from sources within the CNMI.
 Include income from worldwide sources on your U.S. 
   return. In determining your total tax payments, include          A U.S. tax return (Form 1040-NR) reporting U.S. 
   all income tax withheld and paid to either the United              source income according to the rules for a nonresident 
   States or the CNMI, any credit for an overpayment of               alien. See the Instructions for Form 1040-NR.

   income tax to either the United States or the CNMI,              If you are not a bona fide resident of the CNMI during 
   and any payments of estimated tax to either the CNMI             the tax year and you are not including a check or money 
   or the United States. Pay any balance of tax due with            order, send your U.S. tax return and all attachments to:
   your tax return.
                                                                      Department of the Treasury
   Note. You may also need to complete Form 5074.                     Internal Revenue Service
 You are not liable for filing an income tax return with,           Austin, TX 73301-0215
   or for paying tax to, the CNMI for the tax year.                   USA

Form 5074.  If you file a U.S. income tax return, attach a          If you are including a check or money order, send your 
completed  Form  5074  if  you  (and  your  spouse  if  filing  a   U.S. tax return and all attachments to:
joint return) have:
 Adjusted gross income of $50,000 or more for the tax 
   year, and

22                 Chapter 3       Filing Information for Individuals in Certain U.S.             Publication 570 (2023)
                                                       Territories



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Internal Revenue Service                                               U.S.  Armed  Forces.   If  you  are  a  member  of  the  U.S. 
P.O. Box 1303                                                          Armed Forces on active duty who qualified as a bona fide 
Charlotte, NC 28201-1303                                               resident of the CNMI in a prior tax year, your absence from 
USA                                                                    the CNMI solely in compliance with military orders will not 
                                                                       change your bona fide residency. If you did not qualify as 
Send your CNMI tax return and all attachments to:                      a bona fide resident of the CNMI in a prior tax year, your 
                                                                       presence  in  the  CNMI  solely  in  compliance  with  military 
Department of Finance                                                  orders will not qualify you as a bona fide resident of the 
Division of Revenue and Taxation                                       CNMI.
Commonwealth of the Northern Mariana Islands
P.O. Box 5234 CHRB                                                     Civilian spouse of active duty member of the U.S. 
Saipan, MP 96950                                                       Armed Forces.     If, under the rule discussed at the begin-
                                                                       ning of chapter 1 (see Special rule for civilian spouse of 
                                                                       active duty member of the U.S. Armed Forces), your tax 
Citizen of the Commonwealth of the 
                                                                       residence is the CNMI, follow the guidance in the section 
Northern Mariana Islands                                               for bona fide residents under Which Return To File, earlier. 
If you are a citizen of the CNMI (meaning that you were                However, if your tax residence is one of the 50 states or 
born or naturalized in the CNMI) but not otherwise a U.S.              the  District  of  Columbia  and  your  only  income  from  the 
citizen or a U.S. resident alien during the tax year, file your        CNMI  is  from  wages,  salaries,  tips,  or  self-employment, 
income  tax  return  with  the  CNMI.  Include  income  from           you will be taxed on your worldwide income and file only a 
worldwide  sources  on  your  CNMI  return.  Take  into  ac-           U.S. tax return (Form 1040 or 1040-SR) and a state and/or 
count  tax  withheld  by  both  jurisdictions  in  determining  if     local  tax  return,  if  required.  If  you  have  income  from  the 
there is tax overdue or an overpayment. Pay any balance                CNMI other than wages, salaries, tips, or self-employment 
of tax due with your tax return. Send your return and all at-          that is considered to be sourced in that territory (see Ta-
tachments to:                                                          ble 2-1), you may need to file Form 5074 with your U.S. tax 
                                                                       return.
Department of Finance                                                  The spouse of the service member may elect to use the 
Division of Revenue and Taxation                                       same residence for tax purposes as the service member 
Commonwealth of the Northern Mariana Islands                           regardless  of  the  date  on  which  the  marriage  of  the 
P.O. Box 5234 CHRB                                                     spouse and service member occurred.
Saipan, MP 96950
                                                                       Moving expense deduction.     The deduction for moving 
                                                                       expenses is suspended unless you are a member of the 
Special Rules for the Commonwealth                                     U.S. Armed Forces who moves pursuant to a military or-
of the Northern Mariana Islands                                        der  and  incident  to  a  permanent  change  of  station.  For 
                                                                       more information, see Pub. 3. If you meet these require-
Special  rules  apply  to  certain  types  of  income,  employ-        ments, see the discussion below.
ment, and filing status.                                               If you are a bona fide resident in the tax year of your 
                                                                       move, enter your deductible expenses on your CNMI tax 
Joint return. If you file a joint return, file your return (and        return.
pay  the  tax)  with  the  jurisdiction  where  the  spouse  who       If you are not a bona fide resident, enter your deducti-
has the greater adjusted gross income (AGI) would have                 ble  expenses  on  Form  3903,  and  enter  the  deductible 
to file if you were filing separately. If the spouse with the          amount on Schedule 1 (Form 1040), line 14, and on Form 
greater AGI is a bona fide resident of the CNMI during the             5074, line 20.
tax year, file the joint return with the CNMI. If the spouse 
with the greater AGI is a U.S. citizen or resident alien but           Self-employment tax.   If you have no U.S. filing require-
not a bona fide resident of the CNMI during the tax year,              ment, but have income that is effectively connected with a 
file  your  joint  return  with  the  United  States.  For  this  pur- trade  or  business  in  the  CNMI,  you  must  file  Form 
pose, income is determined without regard to community                 1040-SS with the United States to report your self-employ-
property laws.                                                         ment income and, if necessary, pay self-employment tax.

Example.     You,  a  U.S.  citizen,  were  a  resident  of  the       Additional  Medicare  Tax. You  may  be  required  to  pay 
United  States,  and  your  spouse,  a  citizen  of  both  the         Additional Medicare Tax. Also, you may need to report Ad-
CNMI and the United States, was a bona fide resident of                ditional Medicare Tax withheld by your employer. For more 
the  CNMI  during  the  tax  year.  You  earned  $65,000  as  a        information,  see Additional  Medicare  Tax  under Special 
computer programmer in the United States. Your spouse                  Rules for Completing Your U.S. Tax Return in chapter 4.
earned  $20,000  as  an  artist  in  the  CNMI.  You  and  your 
spouse  will  file  a  joint  return.  Because  you  have  the         Estimated tax payments.    To see if you are required to 
greater  AGI,  you  and  your  spouse  must  file  your  return        make payments of estimated income tax, self-employment 
with  the  United  States  and  report  the  entire  $85,000  on       tax, and/or Additional Medicare Tax to the IRS, get Form 
that return.                                                           1040-ES.

Publication 570 (2023)   Chapter 3 Filing Information for Individuals in Certain U.S.                                          23
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Payment of estimated tax.     If you must pay estimated                 You  can  order  forms  and  publications  by  calling 
tax,  make  your  payment  to  the  jurisdiction  where  you            671-635-1840 or 671-635-1841.
would file your income tax return if your tax year were to 
end on the date your first estimated tax payment is due. 
                                                                        You can order forms and publications through fax 
Generally, you should make the rest of your quarterly pay-
                                                                        at 671-633-2643.
ments of estimated tax to the jurisdiction where you made 
your  first  payment  of  estimated  tax.  However,  estimated 
tax payments to either jurisdiction will be treated as pay-             You  can  get  forms  and  publications  at 
ments to the jurisdiction with which you file the tax return.           www.guamtax.com.
If you make a joint payment of estimated tax, make your 
payment to the jurisdiction where the spouse who has the 
                                                                        The addresses and phone numbers listed above 
greater  estimated  AGI  would  have  to  pay  (if  a  separate 
                                                                        are subject to change.
payment were made). For this purpose, income is deter-          CAUTION!
mined without regard to community property laws.

Early payment.    If you make your first payment of esti-       Which Return To File
mated tax early, follow the rules given earlier to determine 
where to send it. If you send it to the wrong jurisdiction,     Bona fide residents of Guam are subject to special U.S. 
make all later payments to the jurisdiction to which the first  tax  rules.  In  general,  all  individuals  with  income  from 
payment should have been sent.                                  Guam will file only one return—either to Guam or the Uni-
To  pay  by  check  or  money  order,  send  your  payment      ted States.
with the Form 1040-ES payment voucher to:
   Internal Revenue Service                                     Bona Fide Resident of Guam

   P.O. Box 1303                                                If  you  are  a  bona  fide  resident  of  Guam  during  the  tax 
   Charlotte, NC 28201-1303                                     year, file your return with Guam. This applies to all bona 
   USA                                                          fide residents who are citizens, resident aliens, or nonresi-
                                                                dent aliens of the United States.
To get information on paying electronically (by credit or 
debit card, or through the Electronic Federal Tax Payment       Include income from worldwide sources on your Guam 
System (EFTPS)), go to IRS.gov/Payments.                          return. In determining your total tax payments, include 
                                                                  all income tax withheld and paid to either Guam or the 
For  information  on  making  estimated  income  tax  pay-        United States, any credit for an overpayment of in-
ments to the CNMI, see Where To Get Forms and Infor-              come tax to either Guam or the United States, and any 
mation, earlier.                                                  payments of estimated tax to either Guam or the Uni-
                                                                  ted States. Pay any balance of tax due with your tax 
Double Taxation                                                   return.
A  mutual  agreement  procedure  exists  to  settle  cases  of  Generally, if you properly file your return with, and fully 
                                                                  pay your income tax to, Guam, then you are not liable 
double taxation between the United States and the Com-
                                                                  for filing an income tax return with, or for paying tax to, 
monwealth of the Northern Mariana Islands. See  Double 
                                                                  the United States. However, if you were self-employed 
Taxation in chapter 4. 
                                                                  in 2023, see Self-employment tax, later.

                                                                Example.   You were a bona fide resident of Guam for 
Guam                                                            2023.  You  received  wages  of  $25,000  paid  by  a  private 
                                                                employer in Guam and dividends of $2,000 from U.S. cor-
Guam has its own tax system based on the same tax laws          porations  that  carry  on  business  mainly  in  the  United 
and tax rates that apply in the United States.                  States.  You  must  file  a  2023  income  tax  return  with  the 
                                                                government  of  Guam.  You  report  your  total  income  of 
                                                                $27,000 on the Guam return.
Where To Get Forms and Information
      Requests  for  advice  about  Guam  residency  and        If you are a bona fide resident of Guam for the tax year, 
      tax matters should be addressed to:                       send your return and all attachments to:

   Department of Revenue and Taxation                             Department of Revenue and Taxation
   Taxpayer Services Division                                     Taxpayer Services Division
   P.O. Box 23607                                                 P.O. Box 23607
   GMF, Guam 96921                                                GMF, Guam 96921

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                                                Territories



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U.S. Citizen or Resident Alien (Other Than a                      Nonresident Alien (Other Than a Bona Fide 
Bona Fide Resident of Guam)                                       Resident of Guam), Where To File

If you have income from sources within Guam and are a             If  you  are  a  nonresident  alien  of  the  United  States  who 
U.S. citizen or resident alien, but you are not a bona fide       does not qualify as a bona fide resident of Guam for the 
resident of Guam during the tax year, file your income tax        tax year, you must generally file the following returns.
return with the United States.
                                                                  A Guam tax return reporting only your income from 
 Include income from worldwide sources on your U.S.               sources within Guam. In this situation, wages for serv-
   return. In determining your total tax payments, include          ices performed in Guam, whether for a private em-
   all income tax withheld and paid to either the United            ployer, the U.S. Government, or otherwise, are income 
   States or Guam, any credit for an overpayment of in-             from sources within Guam.
   come tax to either the United States or Guam, and any 
                                                                  A U.S. tax return (Form 1040-NR) reporting U.S. 
   payments of estimated tax to either Guam or the Uni-
                                                                    source income according to the rules for a nonresident 
   ted States. Pay any balance of tax due with your tax 
                                                                    alien. See the Instructions for Form 1040-NR.
   return. You may also need to complete Form 5074.
 You are not liable for filing an income tax return with,       If you are not a bona fide resident of Guam during the 
   or for paying tax to, Guam for the tax year.                   tax year and you are not including a check or money or-
                                                                  der, send your U.S. tax return and all attachments to:
Form 5074.  If you file a U.S. income tax return, attach a 
completed  Form  5074  if  you  (and  your  spouse  if  filing  a   Department of the Treasury
joint return) have:                                                 Internal Revenue Service
                                                                    Austin, TX 73301-0215
 Adjusted gross income of $50,000 or more for the tax             USA
   year, and
 Gross income of $5,000 or more from sources within             If you are including a check or money order, send your 
   Guam.                                                          U.S. tax return and all attachments to:

   The  United  States  and  Guam  use  this  form  to  divide      Internal Revenue Service
your income taxes.                                                  P.O. Box 1303
De  minimis  exception  to  determining  source  of  in-            Charlotte, NC 28201-1303
come. In certain situations, you will not have income from          USA
a territory. See De minimis exception under Compensation 
for Labor or Personal Services in chapter 2.                      Send your Guam tax return and all attachments to:
   If you are a citizen or resident alien of the United States 
                                                                    Department of Revenue and Taxation
but not a bona fide resident of Guam during the tax year 
                                                                    Taxpayer Services Division
and you are not including a check or money order, send 
                                                                    P.O. Box 23607
your  U.S.  tax  return  and  all  attachments  (including  Form 
                                                                    GMF, Guam 96921
5074) to:
   Department of the Treasury                                     Citizen of Guam
   Internal Revenue Service
   Austin, TX 73301-0215                                          If you are a citizen of Guam (meaning that you were born 
   USA                                                            or naturalized in Guam) but not otherwise a U.S. citizen or 
                                                                  a U.S. resident alien during the tax year, file your income 
                                                                  tax  return  with  Guam.  Include  income  from  worldwide 
   If you are including a check or money order, send your 
                                                                  sources on your Guam return. Take into account tax with-
U.S. tax return and all attachments (including Form 5074) 
                                                                  held  by  both  jurisdictions  in  determining  if  there  is  tax 
to:
                                                                  overdue or an overpayment. Pay any balance of tax due 
   Internal Revenue Service                                       with your tax return.
   P.O. Box 1303
                                                                  If you are a citizen of Guam, send your return and all at-
   Charlotte, NC 28201-1303
                                                                  tachments to:
   USA
                                                                    Department of Revenue and Taxation
                                                                    Taxpayer Services Division
                                                                    P.O. Box 23607
                                                                    GMF, Guam 96921

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Special Rules for Guam                                             If you are a bona fide resident in the tax year of your 
                                                                   move, enter your deductible expenses on your Guam tax 
Special  rules  apply  to  certain  types  of  income,  employ-    return.
ment, and filing status.                                           If you are not a bona fide resident, enter your deducti-
                                                                   ble  expenses  on  Form  3903,  and  enter  the  deductible 
Joint return. If you file a joint return, you should file your     amount on Schedule 1 (Form 1040), line 14, and on Form 
return  (and  pay  the  tax)  with  the  jurisdiction  where  the  5074, line 20.
spouse who has the greater adjusted gross income (AGI) 
would  have  to  file  if  you  were  filing  separately.  If  the Self-employment tax.   If you have no U.S. filing require-
spouse  with  the  greater  AGI  is  a  bona  fide  resident  of   ment, but have income that is effectively connected with a 
Guam during the tax year, file the joint return with Guam. If      trade or business in Guam, you must file Form 1040-SS 
the spouse with the greater AGI is a U.S. citizen or resi-         with the United States to report your self-employment in-
dent alien but not a bona fide resident of Guam during the         come and, if necessary, pay self-employment tax.
tax year, file the joint return with the United States. For this 
purpose,  income  is  determined  without  regard  to  com-        Additional  Medicare  Tax.   You  may  be  required  to  pay 
munity property laws.                                              Additional Medicare Tax. Also, you may need to report Ad-
                                                                   ditional Medicare Tax withheld by your employer. For more 
Example. You,  a  U.S.  citizen,  were  a  resident  of  the       information,  see Additional  Medicare  Tax  under    Special 
United  States,  and  your  spouse,  a  citizen  of  both  Guam    Rules for Completing Your U.S. Tax Return in chapter 4.
and the United States, was a bona fide resident of Guam 
during the tax year. You earned $45,000 as an engineer in          Estimated tax payments.      To see if you are required to 
the  United  States.  Your  spouse  earned  $15,000  as  a         make payments of estimated income tax, self-employment 
teacher in Guam. You and your spouse will file a joint re-         tax, and/or Additional Medicare Tax to the IRS, see Form 
turn.  Because  you  have  the  greater  AGI,  you  and  your      1040-ES.
spouse must file your return with the United States and re-        Payment of estimated tax.    If you must pay estimated 
port the entire $60,000 on that return.                            tax,  make  your  payment  to  the  jurisdiction  where  you 
                                                                   would file your income tax return if your tax year were to 
U.S.  Armed  Forces.  If  you  are  a  member  of  the  U.S. 
                                                                   end on the date your first estimated tax payment is due. 
Armed Forces on active duty who qualified as a bona fide 
                                                                   Generally, you should make the rest of your quarterly pay-
resident  of  Guam  in  a  prior  tax  year,  your  absence  from 
                                                                   ments of estimated tax to the jurisdiction where you made 
Guam  solely  in  compliance  with  military  orders  will  not 
                                                                   your  first  payment  of  estimated  tax.  However,  estimated 
change your bona fide residency. If you did not qualify as 
                                                                   tax payments to either jurisdiction will be treated as pay-
a bona fide resident of Guam in a prior tax year, your pres-
                                                                   ments to the jurisdiction with which you file the tax return.
ence in Guam solely in compliance with military orders will 
                                                                   If you make a joint payment of estimated tax, make your 
not qualify you as a bona fide resident of Guam.
                                                                   payment to the jurisdiction where the spouse who has the 
Civilian spouse of active duty member of the U.S.                  greater  estimated  AGI  would  have  to  pay  (if  a  separate 
Armed Forces. If, under the rule discussed at the begin-           payment were made). For this purpose, income is deter-
ning of chapter 1 (see   Special rule for civilian spouse of       mined without regard to community property laws.
active duty member of the U.S. Armed Forces), your tax 
                                                                   Early payment.    If you make your first payment of esti-
residence is Guam, follow the guidance in the section for 
                                                                   mated tax early, follow the rules given earlier to determine 
bona  fide  residents  under Which  Return  To  File,  earlier. 
                                                                   where to send it. If you send it to the wrong jurisdiction, 
However, if your tax residence is one of the 50 states or 
                                                                   make all later payments to the jurisdiction to which the first 
the District of Columbia and your only income from Guam 
                                                                   payment should have been sent.
is from wages, salaries, tips, or self-employment, you will 
                                                                   To  pay  by  check  or  money  order,  send  your  payment 
be taxed on your worldwide income and file only a U.S. tax 
                                                                   with the Form 1040-ES payment voucher to:
return  (Form  1040  or  1040-SR)  and  a  state  and/or  local 
tax return, if required. If you have income from Guam other        Department of Revenue and Taxation
than wages, salaries, tips, or self-employment that is con-        Taxpayer Services Division
sidered to be sourced in that territory (see Table 2-1), you       P.O. Box 23607
may need to file Form 5074 with your U.S. tax return.              GMF, Guam 96921
The spouse of the service member may elect to use the 
same residence for tax purposes as the service member              To get information on paying electronically (by credit or 
regardless  of  the  date  on  which  the  marriage  of  the       debit card, or through the Electronic Federal Tax Payment 
spouse and service member occurred.                                System (EFTPS)), go to IRS.gov/Payments.
                                                                   For  information  on  making  estimated  income  tax  pay-
Moving expense deduction.    The deduction for moving 
                                                                   ments  to  the  Department  of  Revenue  and  Taxation,  see 
expenses is suspended unless you are a member of the 
                                                                   Where To Get Forms and Information, earlier.
U.S. Armed Forces who moves pursuant to a military or-
der  and  incident  to  a  permanent  change  of  station.  For 
more information, see Pub. 3. If you meet these require-
ments, see the discussion below.

26                           Chapter 3       Filing Information for Individuals in Certain U.S.  Publication 570 (2023)
                                                      Territories



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Double Taxation                                                 Bona Fide Resident of the U.S. Virgin 
                                                                Islands
A  mutual  agreement  procedure  exists  to  settle  cases  of 
double  taxation  between  the  United  States  and  Guam.      File your tax return with the USVI if you are a U.S. citizen, 
See Double Taxation in chapter 4.                               resident alien, or nonresident alien and a bona fide resi-
                                                                dent of the USVI during the tax year.
                                                                   Include your worldwide income on your USVI return. In 
The U.S. Virgin Islands                                              determining your total tax payments, take into account 
                                                                     all income tax withheld and paid to either the USVI or 
The USVI has its own tax system based on the same tax                the United States, any credit for an overpayment of in-
laws and tax rates that apply in the United States. An im-           come tax to either the USVI or the United States, and 
portant factor in USVI taxation is whether, during the tax           any payments of estimated tax to either the USVI or 
year, you are a bona fide resident of the USVI.                      the United States. Pay any balance of tax due with 
                                                                     your tax return. Filing this return with the USVI gener-
Where To Get Forms and Information                                   ally also starts the statute of limitations on assessment 
                                                                     of your U.S. income tax.
        For information about filing your USVI tax return or 
        about Form 1040INFO in St. Thomas, contact:                You generally do not have to file with the United States 
                                                                     for any tax year in which you are a bona fide resident 
Virgin Islands Bureau of Internal Revenue                            of the USVI during the tax year, provided you report 
6115 Estate Smith Bay                                                and pay tax on your income from all sources to the 
Suite 225                                                            USVI and identify the source(s) of the income on the 
St. Thomas, USVI 00802                                               return.
                                                                   If you have self-employment income, you may be re-
        You  can  order  forms  and  publications  by  calling       quired to file Form 1040-SS with the United States. 
        340-715-1040.                                                For more information, see Self-employment tax under 
                                                                     Special Rules for the U.S. Virgin Islands, later.

        You can order forms and publications through fax        Form  1040INFO. If  you  are  a  bona  fide  resident  of  the 
        at 340-774-2672.                                        USVI  and  have  non-USVI  source  income,  you  must  also 
                                                                file  Virgin  Islands  Bureau  of  Internal  Revenue  Form 
                                                                1040INFO, Non-Virgin Islands Source Income of Virgin Is-
For  information  about  filing  your  USVI  tax  return  or    lands Residents, with the USVI. Attach Form 1040INFO to 
about Form 1040INFO in St. Croix, contact:                      your  USVI  tax  return  before  filing.  You  can  get  Form 
                                                                1040INFO by contacting the address or website given ear-
Virgin Islands Bureau of Internal Revenue                       lier.
4008 Estate Diamond Plot 7-B                                    If you are a bona fide resident of the USVI for the tax 
Christiansted, USVI 00820-4421                                  year, file your return and all attachments with the U.S. Vir-
                                                                gin Islands Bureau of Internal Revenue at:
        You  can  order  forms  and  publications  by  calling 
        340-773-1040.                                                Bureau of Internal Revenue
                                                                     6115 Estate Smith Bay
                                                                     St. Thomas, USVI 00802
        You can order forms and publications through fax 
        at 340-773-1006.
                                                                U.S. Citizen or Resident Alien (Other Than a 
                                                                Bona Fide Resident of the U.S. Virgin 
        You  can  access  the  USVI  website  at    http://
                                                                Islands)
        bir.vi.gov/.
                                                                If you are a U.S. citizen or resident alien but not a bona 
        The addresses and phone numbers listed above            fide resident of the USVI during the tax year, you must file 
!       are subject to change.                                  your original Form 1040 or 1040-SR with the United States 
CAUTION                                                         and  an  identical  copy  of  that  return  with  the  USVI  if  you 
                                                                have:
Which Return To File                                               Income from sources in the USVI, or
In  general,  bona  fide  residents  of  the  USVI  pay  income    Income effectively connected with the conduct of a 
taxes only to the USVI. U.S. citizens or resident aliens (but        trade or business in the USVI.
not bona fide residents of the USVI) with USVI source in-
come pay a portion of the tax to each jurisdiction.             File your original Form 1040 or 1040-SR with the United 
                                                                States and file a signed copy of the U.S. return (including 
                                                                all attachments, forms, and schedules) with the U.S. Virgin 

Publication 570 (2023)   Chapter 3 Filing Information for Individuals in Certain U.S.                                     27
                                                    Territories



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Islands Bureau of Internal Revenue by the due date for fil-           employer, the U.S. Government, or otherwise, are in-
ing Form 1040 or 1040-SR. Use Form 8689 to figure the                 come from sources within the USVI.
amount of tax you must pay to the USVI.
                                                                    A U.S. tax return (Form 1040-NR) reporting U.S. 
Form 8689. Complete this form and attach it to both the               source income according to the rules for a nonresident 
return you file with the United States and the copy you file          alien. See the Instructions for Form 1040-NR.
with the USVI. Figure the amount of tax you must pay to 
                                                                      If you are not a bona fide resident of the USVI during 
the USVI as follows:
                                                                   the tax year, and you are not including a check or money 
                                                                   order,  send  your  U.S.  tax  return  and  all  attachments  (in-
      Total tax on 
                                     USVI AGI
      U.S. return          ×                                       cluding Form 8689) to:
                                     Worldwide AGI
(after certain adjustments)
                                                                      Department of the Treasury
Pay any tax due to the USVI when you file your return                 Internal Revenue Service
with the U.S. Virgin Islands Bureau of Internal Revenue. To           Austin, TX 73301-0215
receive  credit  on  your  U.S.  return  for  taxes  paid  to  the    USA
USVI, include the amounts from Form 8689, lines 40 and 
45, in the total on Form 1040 or 1040-SR, line 33. On the             If you are including a check or money order, send your 
dotted line next to line 33, enter “Form 8689” and show the        U.S. tax return and all attachments (including Form 8689) 
amounts.                                                           to:

De  minimis  exception  to  determining  source  of  in-              Internal Revenue Service
come. In certain situations, you will not have income from            P.O. Box 1303
a territory. See De minimis exception under Compensation              Charlotte, NC 28201-1303
for Labor or Personal Services in chapter 2.                          USA
If you are not a bona fide resident of the USVI during 
the tax year, but you have USVI source income, and you                Send your USVI tax return and all attachments to:
are not including a check or money order, file Form 1040 
or  1040-SR  and  all  attachments  (including  Form  8689)           Bureau of Internal Revenue
with the:                                                             6115 Estate Smith Bay
                                                                      St. Thomas, USVI 00802
    Department of the Treasury
    Internal Revenue Service
                                                                   Special Rules for the U.S. Virgin 
    Austin, TX 73301-0215
    USA                                                            Islands

If you are including a check or money order, send your             There are some special rules for certain types of income, 
U.S. tax return and all attachments (including Form 8689)          employment, and filing status.

to:                                                                Joint return. If you file a joint return, you should file your 
    Internal Revenue Service                                       return  (and  pay  the  tax)  with  the  jurisdiction  where  the 
    P.O. Box 1303                                                  spouse who has the greater adjusted gross income (AGI) 
    Charlotte, NC 28201-1303                                       would  have  to  file  if  you  were  filing  separately.  If  the 
    USA                                                            spouse with the greater AGI is a bona fide resident of the 
                                                                   USVI during the tax year, file the joint return with the USVI. 
File a copy of your U.S. Form 1040 or 1040-SR with the             If the spouse with the greater AGI is a U.S. citizen or resi-
U.S. Virgin Islands Bureau of Internal Revenue at:                 dent alien of the United States but not a bona fide resident 
                                                                   of the USVI during the tax year, file the joint return with the 
    Bureau of Internal Revenue                                     United  States.  For  this  purpose,  income  is  determined 
    6115 Estate Smith Bay                                          without regard to community property laws.
    St. Thomas, USVI 00802
                                                                      Example. You,  a  U.S.  citizen,  were  a  resident  of  the 
                                                                   United States, and your spouse, a citizen of both the USVI 
Nonresident Alien (Other Than a Bona Fide                          and  the  United  States,  was  a  bona  fide  resident  of  the 
Resident of the U.S. Virgin Islands)                               USVI during the tax year. You earned $55,000 as an archi-
                                                                   tect in the United States. Your spouse earned $30,000 as 
If  you  are  a  nonresident  alien  of  the  United  States  who 
                                                                   a librarian in the USVI. You and your spouse will file a joint 
does not qualify as a bona fide resident of the USVI for the 
                                                                   return. Because you have the greater AGI, you and your 
tax year, you must generally file the following returns.
                                                                   spouse must file your return with the United States and re-
  A USVI tax return reporting only your income from              port the entire $85,000 on that return.
    sources within the USVI. In this situation, wages for 
    services performed in the USVI, whether for a private          U.S.  Armed  Forces.  If  you  are  a  member  of  the  U.S. 
                                                                   Armed Forces on active duty who qualified as a bona fide 
                                                                   resident of the USVI in a prior tax year, your absence from 

28                            Chapter 3 Filing Information for Individuals in Certain U.S.       Publication 570 (2023)
                                                          Territories



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the USVI solely in compliance with military orders will not         tax, and/or Additional Medicare Tax to the IRS, get Form 
change your bona fide residency. If you did not qualify as          1040-ES.
a bona fide resident of the USVI in a prior tax year, your          To  pay  by  check  or  money  order,  send  your  payment 
presence in the USVI solely in compliance with military or-         with the Form 1040-ES payment voucher to:
ders  will  not  qualify  you  as  a  bona  fide  resident  of  the 
USVI.                                                                 Bureau of Internal Revenue
                                                                      6115 Estate Smith Bay
Civilian  spouse  of  active  duty  member  of  the  U.S.             St. Thomas, USVI 00802
Armed Forces.     If, under the rule discussed at the begin-
ning of chapter 1 (see Special rule for civilian spouse of          To get information on paying electronically (by credit or 
active duty member of the U.S. Armed Forces), your tax              debit card, or through the Electronic Federal Tax Payment 
residence is the USVI, follow the guidance in Bona Fide             System (EFTPS)), go to IRS.gov/Payments.
Residents of the U.S. Virgin Islands under Which Return             For  information  on  making  estimated  income  tax  pay-
To File, earlier. However, if your tax residence is one of the      ments to the Bureau of Internal Revenue, see         Where To 
50 states or the District of Columbia and your only income          Get Forms and Information, earlier.
from the USVI is from wages, salaries, tips, or self-employ-
ment, you will be taxed on your worldwide income and file           Extension  of  time  to  file. You  can  get  an  automatic 
only a U.S. tax return (Form 1040 or 1040-SR) and a state           6-month extension of time to file your tax return. See Ex-
and/or local tax return, if required. If you have income from       tension of Time To File in chapter 4. Bona fide residents of 
the USVI other than wages, salaries, tips, or self-employ-          the USVI during the tax year must file a paper Form 4868 
ment that is considered to be sourced in that territory (see        with  the  U.S.  Virgin  Islands  Bureau  of  Internal  Revenue. 
Table 2-1), you may need to file Form 8689 with your U.S.           Nonresidents  of  the  USVI  should  file  separate  extension 
tax  return.  In  this  case,  follow  the  guidance  under U.S.    requests with the IRS and the U.S. Virgin Islands Bureau 
Citizen or Resident Alien (Other Than a Bona Fide Resi-             of  Internal  Revenue  and  make  any  payments  due  to  the 
dent of the U.S. Virgin Islands), earlier.                          respective  jurisdictions.  However,  the  U.S.  Virgin  Islands 
The spouse of the service member may elect to use the               Bureau  of  Internal  Revenue  will  honor  an  extension  re-
same residence for tax purposes as the service member               quest that is timely filed with the IRS.
regardless  of  the  date  on  which  the  marriage  of  the 
spouse and service member occurred.                                 Double Taxation

Moving expense deduction.      The deduction for moving             A  mutual  agreement  procedure  exists  to  settle  cases  of 
expenses is suspended unless you are a member of the                double  taxation  between  the  United  States  and  the  U.S. 
U.S. Armed Forces who moves pursuant to a military or-              Virgin Islands. See Double Taxation in chapter 4. 
der  and  incident  to  a  permanent  change  of  station.  For 
more information, see Pub. 3. If you meet these require-
ments, see the discussion below.
If you are a bona fide resident in the tax year of your 
move,  enter  your  deductible  expenses  on  your  USVI  tax 
return.                                                             4.
If you are not a bona fide resident, enter your deducti-
ble  expenses  on  Form  3903,  and  enter  the  deductible 
amount on Schedule 1 (Form 1040), line 14, and on Form 
                                                                    Filing U.S. Tax Returns
8689, line 20.
If your move was to the United States, complete Form                The information in chapter 3 will tell you if a U.S. income 
3903,  and  enter  the  deductible  amount  on  Schedule  1         tax return is required for your situation. If a U.S. return is 
(Form 1040), line 14.                                               required, your next step is to see if you meet the filing re-
                                                                    quirements. If you do meet the filing requirements, the in-
Self-employment tax.   If you have no U.S. filing require-
                                                                    formation  presented  in  this  chapter  will  help  you  under-
ment, but have income that is effectively connected with a 
                                                                    stand  the  special  procedures  involved.  This  chapter 
trade or business in the USVI, you must file Form 1040-SS
                                                                    discusses:
with the United States to report your self-employment in-
come and, if necessary, pay self-employment tax.                    Filing requirements,
Additional  Medicare  Tax. You  may  be  required  to  pay          When to file your return,
Additional Medicare Tax. Also, you may need to report Ad-           Where to send your return,
ditional Medicare Tax withheld by your employer. For more 
                                                                    How to adjust your deductions and credits if you are 
information,  see Additional  Medicare  Tax  under Special 
                                                                      excluding income from American Samoa or Puerto 
Rules for Completing Your U.S. Tax Return in chapter 4.
                                                                      Rico,
Estimated tax payments.    To see if you are required to            How to make estimated tax payments and pay 
make payments of estimated income tax, self-employment                self-employment tax, and

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 How to request assistance in resolving instances of           filing  requirement  for  a  U.S.  income  tax  return.  To  make 
   double taxation.                                              this  determination,  follow  the  instructions  and  examples 
                                                                 below.

                                                                 Standard  deduction  amount.                For  2023,  the  standard 
Who Must File                                                    deduction amounts for all taxpayers are:

                                                                 Single or Married filing separately
If you are not required to file a territory tax return that in-                                       . . .  $13,850
                                                                 Head of household
cludes  your  worldwide  income,  you  must  generally  file  a                    . . . . . . . . . . . . . $20,800
Form  1040  or  1040-SR  U.S.  income  tax  return  if  your     Married filing jointly or Qualifying        $27,700
gross income is at least the amount shown in Table 4-1,          surviving spouse. . . . . . . . . . . . . .
for your filing status and age. Use the Instructions for Form 
1040 to help you complete Form 1040 or 1040-SR.                  If you or your spouse was born before January 2, 1959, 
As  discussed  in   chapter  3,  bona  fide  residents  of  the  or either of you is blind, figure your standard deduction us-
CNMI, Guam, and the U.S. Virgin Islands do not generally         ing  the  Standard  Deduction  Chart  for  People  Who  Were 
have an income tax filing requirement with the IRS. Bona         Born Before January 2, 1959, or Were Blind in the 2023 
fide  residents  of  American  Samoa  and  Puerto  Rico  may     Instructions for Form 1040.
have to file an income tax return with the IRS, the territory 
                                                                 Allowable standard deduction.               Unless your filing status 
tax department, or both, as discussed in chapter 3. These 
                                                                 is married filing separately, or married filing jointly but you 
individuals will have to file an income tax return with the 
                                                                 did not live with your spouse at the end of 2023 (or on the 
IRS if they have income that is sourced outside the terri-
                                                                 date  your  spouse  died),  the  minimum  income  level  at 
tory in an amount that exceeds U.S. filing requirements.
                                                                 which  you  must  file  a  return  is  generally  based  on  the 
Some individuals (such as those who can be claimed               standard deduction for your filing status and age. Because 
as  a  dependent  on  another  person's  return  or  who  owe    the  standard  deduction  applies  to  all  types  of  income,  it 
certain taxes, such as self-employment tax) must file a tax      must  be  divided  between  your  excluded  income  and  in-
return  even  though  the  gross  income  is  less  than  the    come  from  other  sources.  Multiply  the  regular  standard 
amount shown in Table 4-1 for their filing status and age.       deduction  for  your  filing  status  and  age  by  the  following 
For more information, see the Instructions for Form 1040.        fraction:

Filing Requirement for U.S. Income                                        Gross income subject to U.S. income tax
Tax Return if Territory Income Is                                                Gross income from all sources
                                                                          (including excluded territory income)
Excluded
Bona  fide  residents  of  American  Samoa  or  Puerto  Rico     Example. Terry, a U.S. citizen, is single, under 65, and 
are required to file a U.S. income tax return if they have       a  bona  fide  resident  of  American  Samoa.  During  2023, 
gross income subject to U.S. income tax in an amount that        Terry received $20,000 of income from American Samoa 
equals  or  exceeds  the  applicable  filing  requirement.  The  sources  (qualifies  for  exclusion)  and  $8,000  of  income 
filing requirement is generally based on the standard de-        from sources outside the territory (subject to U.S. income 
duction  amount  used  to  file  a  U.S.  income  tax  return    tax). Terry’s allowable standard deduction for 2023 is fig-
shown in Table 4-1.                                              ured as follows:

You must adjust the standard deduction amount based                                                $13,850
on the percentage of gross income subject to U.S. income                  $8,000
                                                                                       ×     (regular standard =    $3,957
tax  over  gross  income  from  all  sources  (including  exclu-          $28,000
                                                                                                 deduction)
ded territory income) to determine whether you meet the 

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Table 4-1. 2023 Filing Requirements Chart for Most Taxpayers

                                                                                        THEN file a return if your gross income  **
IF your filing status is...                        AND at the end of 2023 you were ...* was at least...
Single                                             under 65                                                                     $13,850
                                                   65 or older                                                                  $15,700
Married filing jointly***                          under 65 (both spouses)                                                      $27,700
                                                   65 or older (one spouse)                                                     $29,200
                                                   65 or older (both spouses)                                                   $30,700
Married filing separately                          any age                                                                                                    $5
Head of household                                  under 65                                                                     $20,800
                                                   65 or older                                                                  $22,650
Qualifying surviving spouse                        under 65                                                                     $27,700
                                                   65 or older                                                                  $29,200

* If you were born on January 1, 1959, you are considered to be age 65 at the end of 2023. (If your spouse died in 2023 or if you are preparing a return for 
someone who died in 2023, see Pub. 501.)
** Gross income means all income you received in the form of money, goods, property, and services that is not exempt from tax, including any income from 
sources outside the United States or from the sale of your main home (even if you can exclude part or all of it). Do not include any social security benefits 
unless (a) you are married filing a separate return and you lived with your spouse at any time during 2023, or (b) one-half of your social security benefits plus 
your other gross income and any tax-exempt interest is more than $25,000 ($32,000 if married filing jointly). If (a) or (b) applies, see the Instructions for Form 
1040 or Pub. 915 to figure the taxable part of social security benefits you must include in gross income. Gross income includes gains, but not losses, 
reported on Form 8949 or Schedule D. Gross income from a business means, for example, the amount on Schedule C, line 7, or Schedule F, line 9. But, in 
figuring gross income, do not reduce your income by any losses, including any loss on Schedule C, line 7, or Schedule F, line 9.
*** If you did not live with your spouse at the end of 2023 (or on the date your spouse died) and your gross income was at least $5, you must file a return 
regardless of your age.

   Example 1.  Casey and Riley Thompson, one over 65, 
are  U.S.  citizens  and  bona  fide  residents  of  Puerto  Rico 
during the tax year. They file a joint income tax return. Dur-    When To File
ing  2023,  they  received  $35,000  of  income  from  Puerto 
Rico  sources  (qualifies  for  exclusion)  and  $6,000  of  in-  If you file on a calendar year basis, the due date for filing 
come  from  sources  outside  Puerto  Rico  (subject  to  U.S.    your U.S. income tax return is April 15 following the end of 
income tax). Their allowable standard deduction for 2023          your tax year. If you use a fiscal year (a year ending on the 
is figured as follows:                                            last day of a month other than December), the due date is 
                                                                  the 15th day of the 4th month after the end of your fiscal 
                            $29,200 (standard                     year. If any due date falls on a Saturday, Sunday, or legal 
       $6,000                                                     holiday, your tax return is due on the next business day.
                          × deduction for 65 or  = $4,273
       $41,000
                            older (one spouse))                               For your 2023 tax return, the due date is April 15, 2024. 
The Thompsons have to file a U.S. income tax return be-           If you live in Maine or Massachusetts, you have until April 
cause  their  gross  income  subject  to  U.S.  tax  ($6,000)  is 17, 2024, because of the Patriots’ Day and Emancipation 
more  than  their  allowable  standard  deduction.  ($6,000  −    Day holidays.
$4,273 = $1,727).
                                                                              If you mail your federal tax return, it is considered timely 
   Example  2.        Terry  (see Example  under   Allowable      if it bears an official postmark dated on or before the due 
standard deduction, earlier) must file a U.S. income tax re-      date, including any extensions. If you use a private deliv-
turn  because  their  gross  income  subject  to  U.S.  tax       ery service designated by the IRS, generally the postmark 
($8,000) is more than their allowable standard deduction          date is the date the private delivery service records in its 
($3,957).                                                         database  or  marks  on  the  mailing  label.  Go  to 
                                                                  IRS.gov/PDS for the current list of designated private de-
       If you must file a U.S. income tax return, you may         livery services.
TIP    be  able  to  file  electronically  using   IRS.gov/Efile. 
       See  the  Instructions  for  Form  1040  or  visit 
IRS.gov.                                                          Extension of Time To File

                                                                  You can get an extension of time to file your U.S. income 
                                                                  tax return. Special rules apply for those living outside the 
                                                                  United States.

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Automatic 6-Month Extension                                         If  you  serve  in  a  combat  zone  or  qualified  hazardous 
                                                                    duty  area,  you  may  be  eligible  for  a  longer  extension  of 
If  you  cannot  file  your  2023  return  by  the  due  date,  you time to file. For more information, see Pub. 3.
can get an automatic 6-month extension of time to file.
                                                                    Married  taxpayers.   If  you  file  a  joint  return,  only  one 
Example. If your return must be filed by April 15, 2024,            spouse has to qualify for this automatic extension. How-
you will have until October 15, 2024, to file.                      ever, if you and your spouse file separate returns, this au-
                                                                    tomatic  extension  applies  only  to  the  spouse  who  quali-
        Although you are not required to make a payment 
                                                                    fies.
!       of the tax you estimate as due,   Form 4868 does 
CAUTION not extend the time to pay taxes. If you do not pay 
                                                                    How to get the extension.    To use this special automatic 
the amount due by the regular due date (generally, April            extension, you must attach a statement to your return ex-
15), you will owe interest on any unpaid tax from the origi-        plaining  what  situation  qualified  you  for  the  extension. 
nal due date to the date you pay the tax. You may also be           (See the situations listed in item 2 in the list above.)
charged penalties (see Form 4868).
                                                                    Extension  beyond  2  months. If  you  cannot  file  your 
How to get the automatic extension.       You can get the           2023  return  within  the  automatic  2-month  extension  pe-
automatic 6-month extension if you do one of the following          riod, you can get an additional 4-month extension, for a to-
by the due date for filing your return.                             tal  of  6  months.  File  Form  4868  by  the  end  of  the  auto-
                                                                    matic extension period (June 15, 2024, for calendar year 
 E-file Form 4868 using your personal computer or a               taxpayers). Be sure to check the box on Form 4868, line 8, 
   tax professional.                                                if appropriate.
 E-file and pay by credit or debit card. Your payment 
                                                                    Extension  beyond  6  months.          In  addition  to  this 
   must be at least $1. You may pay by phone or over the 
                                                                    6-month extension, taxpayers who are out of the country 
   Internet. Do not file Form 4868.
                                                                    (as defined in item 2 in the list above) can request a dis-
 File a paper Form 4868. If you are a fiscal year tax-            cretionary 2-month additional extension of time to file their 
   payer, you must file a paper Form 4868.                          returns (to December 15, 2024, for calendar year taxpay-
See Form 4868 for information on getting an extension               ers).
using these options.                                                To request this extension, you must send the IRS a let-
                                                                    ter explaining the reasons why you need the additional 2 
When to file. You must request the automatic extension              months. Send the letter by the extended due date (Octo-
by the due date for your return. You can file your return any       ber 15 for calendar year taxpayers) to:
time before the 6-month extension period ends.
                                                                    Department of the Treasury
When  you  file  your  return. Enter  any  payment  you             Internal Revenue Service
made related to the extension of time to file on Schedule 3         Austin, TX 73301-0215
(Form 1040), line 10.                                               USA
        You  cannot  ask  the  IRS  to  figure  your  tax  if  you 
                                                                    You will not receive any notification from the IRS unless 
TIP     use the extension of time to file.
                                                                    your request is denied for being untimely.

                                                                    Taxpayers Affected by Federally Declared 
Individuals Outside the United States and 
                                                                    Disasters
Puerto Rico
                                                                    To find information on the most recent tax relief provisions 
You  are  allowed  an  automatic  2-month  extension  (until        for  taxpayers  affected  by  disaster  situations,  see Tax 
June 15, 2024, if you use the calendar year) to file your           Relief in Disaster Situations on IRS.gov. See  Pub. 547 for 
2023 return and pay any federal income tax due if:                  discussions on the special rules that apply to federally de-
1. You are a U.S. citizen or resident; and                          clared disaster areas.

2. On the due date of your return:
   a. You are living outside of the United States and Pu-           Where To File
        erto Rico, and your main place of business or post 
        of duty is outside the United States and Puerto             Use  the  addresses  listed  below  if  you  have  to  file  Form 
        Rico; or                                                    1040 or 1040-SR with the United States and you are ex-
   b. You are in military or naval service on duty outside          cluding territory income from American Samoa or Puerto 
        the United States and Puerto Rico.                          Rico.
                                                                    If you are not including a check or money order, send 
However,  if  you  pay  the  tax  due  after  the  regular  due     your U.S. tax return and all attachments to:
date  (generally,  April  15),  interest  will  be  charged  from 
April 15 until the date the tax is paid.

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Department of the Treasury                                          Deductions that do not specifically apply to any particu-
Internal Revenue Service                                            lar type of income must be divided between your excluded 
Austin, TX 73301-0215                                               income from sources in the relevant territory and income 
USA                                                                 from all other sources to find the part that you can deduct 
                                                                    on your U.S. tax return. Examples of such deductions are 
If you are including a check or money order, send your              alimony  payments,  the  standard  deduction,  and  certain 
U.S. tax return and all attachments to:                             itemized deductions (such as medical expenses, charita-
                                                                    ble contributions, real estate taxes, and mortgage interest 
Internal Revenue Service                                            on your home).
P.O. Box 1303
Charlotte, NC 28201-1303                                            Note. Under  section  11051  of  P.L.  115-97  (TCJA),  ali-
USA                                                                 mony payments are no longer deductible if the divorce or 
                                                                    separation  agreement  is  executed  after  December  31, 
        Send  your  U.S.  return  to  these  addresses  if  you     2018, or if executed before January 1, 2019, but modified 
        are attaching Form 5074 or Form 8689. If you are            after December 31, 2018, the modification must state that 
        not  in  either  of  the  above  categories,  send  your    section 11051 of P.L. 115-97 applies to the modification.
return  to  the  address  shown  in  the  Instructions  for  Form 
1040 for the territory or state in which you reside.                Figuring the deduction. To find the part of a deduction 
                                                                    that  is  allowable,  multiply  the  deduction  by  the  following 
                                                                    fraction:

Special Rules for Completing                                                 Gross income subject to U.S. income tax
                                                                                  Gross income from all sources
Your U.S. Tax Return                                                         (including excluded territory income)

The following rules may apply if you are required to file a 
U.S. federal income tax return.                                     Adjustments to Income

Earned income credit.    If you are not excluding territory         Your adjusted gross income equals your gross income mi-
income from your U.S. tax return, follow the Instructions for       nus certain deductions (adjustments).

Form  1040.  However,  you  may  not  qualify  to  claim  the       Moving expense deduction.        The deduction for moving 
earned income credit (EIC).                                         expenses is suspended unless you are a member of the 
Even if you maintain a household in one of the territo-             U.S. Armed Forces who moves pursuant to a military or-
ries discussed in this publication that is your main home           der  and  incident  to  a  permanent  change  of  station.  For 
and  the  home  of  your  qualifying  child,  you  cannot  claim    more  information,  see  the  separate  discussions  of  the 
the  EIC  on  your  U.S.  tax  return.  This  credit  is  available moving expense deduction for each territory in chapter 3.
only if you maintain the household in the United States or 
you are serving on extended active duty in the U.S. Armed           Self-employment  tax  deduction. Generally,  if  you  are 
Forces.                                                             reporting  self-employment  income  on  your  U.S.  return, 
U.S. Armed Forces.    U.S. military personnel stationed             you  can  include  the  deductible  part  of  your  self-employ-
outside  the  United  States  on  extended  active  duty  are       ment tax on Schedule 1 (Form 1040), line 15. This is an 
considered to live in the United States during that duty pe-        income tax deduction only; it is not a deduction in figuring 
riod for purposes of the EIC. Extended active duty means            net  earnings  from  self-employment  (for  self-employment 
you are called or ordered to duty for an indefinite period or       tax).
for a period of more than 90 days. Once you begin serving           However,  if  you  are  a  bona  fide  resident  of  American 
your extended active duty, you are still considered to have         Samoa or Puerto Rico and you exclude all of your self-em-
been  on  extended  active  duty  even  if  you  do  not  serve     ployment income from gross income, you cannot take the 
more than 90 days.                                                  deduction on Schedule 1 (Form 1040), line 15, because 
                                                                    the deduction is related to excluded income.
Income from American Samoa or Puerto Rico exclu-                    If only part of your self-employment income is excluded, 
ded. You will not be allowed to take deductions and cred-           the part of the deduction that is based on the nonexcluded 
its that apply to the excluded income. The additional infor-        income is allowed. This would happen if, for instance, you 
mation you need follows.                                            have  two  businesses  and  only  the  income  from  one  of 
                                                                    them is excludable.
                                                                    For purposes of the deduction only, figure the self-em-
Deductions if Territory Income Is 
                                                                    ployment  tax  on  the  nonexcluded  income  by  multiplying 
Excluded                                                            your total self-employment tax (from Schedule SE (Form 
                                                                    1040)) by the following fraction:
Deductions  that  specifically  apply  to  your  excluded  terri-
tory income are not allowable on your U.S. income tax re-
turn.

Publication 570 (2023)                  Chapter 4    Filing U.S. Tax Returns                                             33



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                Self-employment income                             Most itemized deductions do not apply to a particular 
                subject to U.S. income tax                         type of income. However, itemized deductions can be divi-
                Total self-employment income                       ded into three categories.
              (including excluded territory income)                Those that apply specifically to excluded income are 
The result is your self-employment tax on nonexcluded in-            not deductible.
come.  Include  the  deductible  part  of  this  amount  on        Those that apply specifically to income subject to U.S. 
Schedule 1 (Form 1040), line 15.                                     income tax are fully allowable under the Instructions 
                                                                     for Schedule A (Form 1040).
Individual  retirement  arrangement  (IRA)  deduction. 
Do not take excluded income into account when figuring             Those that do not apply to specific income must be al-
your deductible IRA contribution.                                    located between your gross income subject to U.S. in-
                                                                     come tax and your total gross income from all sour-
                                                                     ces.
Standard Deduction
Disaster tax relief.  If you are allowed to claim the stand-       The  example  given  later  shows  how  to  figure  the  de-
ard  deduction,  and  you  had  a  net  qualified  disaster  loss  ductible part of each type of expense that is not related to 
resulting  from  certain  federally  declared  disasters  (see     specific income.
IRS.gov/DisasterTaxRelief), you can elect to increase your 
                                                                   Example.        In 2023, you and your spouse are both un-
standard  deduction  by  the  amount  of  your  net  qualified 
                                                                   der  65  and  U.S.  citizens  who  are  bona  fide  residents  of 
disaster loss. You must report your increased standard de-
                                                                   Puerto Rico during the tax year. You file a joint income tax 
duction on Schedule A (Form 1040).
                                                                   return. During 2023, you earned $24,000 from Puerto Rico 
To  figure  your  net  qualified  disaster  loss,  see  Form 
                                                                   sources  (excluded  from  U.S.  gross  income)  and  your 
4684 and its instructions. For more information on how to 
                                                                   spouse  earned  $96,000  from  the  U.S.  Government.  You 
report  the  increased  standard  deduction,  see   Line  16  in 
                                                                   have $42,250 of itemized deductions that do not apply to 
the Instructions for Schedule A (Form 1040).
                                                                   any specific type of income. These are medical expenses 
The  standard  deduction  is  composed  of  the  regular           of $11,000, real estate taxes of $10,000, home mortgage 
standard  deduction  amount  and  the  additional  standard        interest of $16,250, and charitable contributions of $5,000 
deduction for taxpayers who are blind or age 65 or over.           (cash  contributions).  You  determine  the  amount  of  each 
                                                                   deduction that you can claim on your Schedule A (Form 
To  find  the  amount  you  can  claim  on  Form  1040  or         1040), Itemized Deductions, by multiplying the deduction 
1040-SR, line 12, first figure your full standard deduction        by the fraction shown under      Figuring the deduction, ear-
according to the Instructions for Form 1040. Then multiply         lier, under Deductions if Territory Income Is Excluded.
your full standard deduction by the following fraction:
                                                                     Medical Expenses
                                                                                                      $8,800 
        Gross income subject to U.S. income tax                          $96,000      ×    $11,000  = (enter on line 1 
                                                                     $120,000 
                Gross income from all sources                                                         of Schedule A)
              (including excluded territory income)
                                                                     Real Estate Taxes
                                                                                                      $8,000 
In  the  space  above  line  9,  enter  “Standard  deduction             $96,000      ×    $10,000  = (enter on line 5b 
modified  due  to  income  excluded  under  section  931  (if        $120,000                         of Schedule A)
American Samoa) or section 933 (if Puerto Rico).”
        This calculation may not be the same as the one              Home Mortgage Interest
                                                                                                      $13,000 
!       you used to determine if you need to file a U.S. tax             $96,000      ×    $16,250  = (enter on 
CAUTION return.                                                      $120,000                         line 8a of Schedule A)

Itemized Deductions                                                  Charitable Contributions (cash 
                                                                     contributions)
                                                                                                      $4,000 
Disaster  tax  relief.   If  you  had  a  net  qualified  disaster       $96,000      ×      $5,000 = (enter on line 11 
loss  resulting  from  certain  federally  declared  disasters       $120,000                         of Schedule A)
(see IRS.gov/DisasterTaxRelief),  you  may  be  allowed  to 
claim the net qualified disaster loss on Schedule A (Form 
1040). Also, if certain requirements are met, you may be           Enter  on  Schedule  A  (Form  1040)  only  the  allowable 
able to make an election to deduct the loss in 2022.               portion of each deduction.
To  figure  your  net  qualified  disaster  loss,  see  Form 
4684 and its instructions. For more information on how to          Foreign Tax Credit if Territory Income 
report a net qualified disaster loss as an itemized deduc-         Is Excluded
tion, see the Instructions for Schedule A (Form 1040).
                                                                   If you must report American Samoa or Puerto Rico source 
                                                                   income on your U.S. tax return, you can claim a foreign tax 

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credit for income taxes paid to the territory on that income.           They  enter  $1,493  on  Form  1116,  line  12,  for  wages 
However,  you  cannot  claim  a  foreign  tax  credit  for  taxes       and  $20  on  the  second  Form  1116,  line  12,  for  the  divi-
paid on territory income that is excluded on your U.S. tax              dend.
return. The foreign tax credit is generally figured on Form 
1116.                                                                   Self-Employment Tax
If you have income, such as U.S. Government wages, 
that is not excludable, and you also have territory source              Self-employment  tax  includes  both  social  security  and 
income that is excludable, you must figure the credit by re-            Medicare taxes for individuals who are self-employed.
ducing  your  foreign  taxes  paid  or  accrued  by  the  taxes 
based on the excluded income. You make this reduction                   A  U.S.  citizen  or  resident  alien  who  is  self-employed 
for each separate income category. To find the amount of                must pay self-employment tax to the IRS on net self-em-
this reduction, use the following formula for each income               ployment  earnings  of  $400  or  more.  This  rule  applies 
category.                                                               whether or not the earnings are excludable from gross in-
                                                                        come  (or  whether  or  not  a  U.S.  income  tax  return  must 
Excluded income from territory                                          otherwise  be  filed).  Bona  fide  residents  of  the  territories 
sources less deductible 
                                                                        discussed  in  this  publication  are  considered  U.S.  resi-
expenses based on that income            Tax paid or      Reduction in  dents for this purpose and are subject to the self-employ-
Total income subject to territory    x   accrued to the = foreign taxes
                                         territory                      ment tax.
tax less deductible expenses 
based on that income 
                                                                        Coronavirus  tax  relief.   See  Form  1040-SS  and  its  in-
Enter  the  amount  of  the  reduction  on  Form  1116,                 structions regarding coronavirus tax relief provisions appli-
line 12.                                                                cable to filers of Form 1040-SS.

For more information on the foreign tax credit, see Pub.                Forms  to  file. If  you  have  net  self-employment  income 
514.                                                                    and are subject to self-employment tax, file one of the fol-
                                                                        lowing with the United States.
Example.         Jessie  and  Jamie  Reddy  (both  under  65) 
are U.S. citizens who were bona fide residents of Puerto                If you are required to file Form 1040 or 1040-SR with 
Rico during all of 2023. They file a joint tax return. The fol-           the United States, complete Schedule SE (Form 1040) 
lowing  table  shows  their  excludable  and  taxable  income             and attach it to your Form 1040 or 1040-SR.
for U.S. federal income tax purposes.                                   If you are not required to file Form 1040 or 1040-SR 
                                         Taxable          Excludable      with the United States and you are a bona fide resi-
Jessie’s wages from                                                       dent of American Samoa, the CNMI, Guam, Puerto 
U.S. Government. . . . . . . . .         $25,000                          Rico, or the USVI, file Form 1040-SS. Do not file Form 
Jamie’s wages from Puerto Rico                                            1040-SS with Form 1040 or 1040-SR.
corp.. . . . . . . . . . . . . . . . .                    $15,000 
Dividend from Puerto Rico corp.                                         If you are required to pay Additional Medicare Tax (dis-
doing business in Puerto                                                  cussed later) on your self-employment income, attach 
Rico. . . . . . . . . . . . . . . . .                             200     Form 8959 to Form 1040, Form 1040-SR, or Form 
Dividend from U.S.                                                        1040-SS, as applicable.
corp. doing business 
in U.S.*. . . . . . . . . . . . . . .    1,000                          Chapter 11 bankruptcy cases.    While you are a debtor 
Totals . . . . . . . . . . . . . . . . . $26,000          $15,200       in  a  chapter  11  bankruptcy  case,  your  net  profit  or  loss 
                                                                        from self-employment will be included on the Form 1041 
* Income from sources outside Puerto Rico is taxable.                   (income  tax  return)  of  the  bankruptcy  estate.  However, 
                                                                        you—not the bankruptcy estate—are responsible for pay-
Jessie  and  Jamie  must  file  2023  income  tax  returns              ing  self-employment  tax  on  your  net  earnings  from 
with both Puerto Rico and the United States. They have                  self-employment.
gross income of $26,000 for U.S. tax purposes. They paid                Use  Schedule  SE  (Form  1040)  or  Form  1040-SS,  as 
taxes to Puerto Rico of $4,000 ($3,980 on their wages and               determined  above,  to  figure  your  correct  amount  of 
$20  on  the  dividend  from  the  Puerto  Rico  corporation).          self-employment tax.
They  figure  their  foreign  tax  credit  on  two  Forms  1116,        For other reporting requirements, see Chapter 11 Bank-
which  they  must  attach  to  their  U.S.  return.  They  fill  out    ruptcy Cases in the Instructions for Form 1040.
one Form 1116 for wages (general category income) and 
one  Form  1116  for  the  dividend  (passive  category  in-            Additional Medicare Tax
come). Jessie and Jamie figure the Puerto Rico taxes on 
excluded income as follows.                                             A 0.9% Additional Medicare Tax applies to Medicare wa-
                                                                        ges,  railroad  retirement  (RRTA)  compensation,  and 
Wages:             ($15,000 ÷  $40,000)  × $3,980         =  $1,493     self-employment  income  that  are  more  than  $125,000  if 
Dividend:              ($200 ÷  $200)    × $20            =  $20        married filing separately; $250,000 if married filing jointly; 
                                                                        or $200,000 if single, head of household, or qualifying sur-
                                                                        viving spouse.

Publication 570 (2023)                                  Chapter 4 Filing U.S. Tax Returns                                     35



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Medicare  wages  and  self-employment  income  are                  subject to withholding, such as self-employment, interest, 
combined to determine if income exceeds the threshold. A            or rental income. In this situation, you may need to make 
self-employment loss should not be considered for purpo-            estimated tax payments.
ses of this tax. RRTA compensation should be separately 
compared to the threshold.                                          Estimated Tax
Your employer is responsible for withholding the 0.9% 
                                                                    If  your  estimated  income  tax  obligation  is  to  the  United 
Additional  Medicare  Tax  on  Medicare  wages  or  RRTA 
                                                                    States, use the worksheet in Form 1040-ES to figure your 
compensation it pays to you in excess of $200,000. You 
                                                                    estimated tax, including self-employment tax. Include the 
should  consider  this  withholding,  if  applicable,  in  deter-
                                                                    Additional Medicare Tax and Net Investment Income Tax, 
mining  whether  you  need  to  make  estimated  tax  pay-
                                                                    if applicable. If you are paying by check or money order, 
ments.
                                                                    use  the  payment  vouchers  in  the  Form  1040-ES,  or  you 
There are no special rules for U.S. citizens and nonresi-           can make your payments electronically and not have to file 
dent  aliens  living  abroad  for  purposes  of  this  provision.   any  paper  forms.  See Form  1040-ES  for  information  on 
Wages,  RRTA  compensation,  and  self-employment  in-              making payments.
come that are subject to Medicare tax will also be subject 
to Additional Medicare Tax if in excess of the applicable 
threshold.
                                                                    Double Taxation
For  more  information,  see  Form  8959  and  its  instruc-
tions, or visit IRS.gov/ADMT.                                       Mutual agreement procedures exist to settle issues where 
                                                                    there  is  inconsistent  tax  treatment  between  the  IRS  and 
        You  cannot  include  the  Additional  Medicare  Tax        the taxing authorities of the following territories.
!       as a deductible part of your self-employment tax.             American Samoa.
CAUTION                                                             
                                                                    The Commonwealth of Puerto Rico.
Net Investment Income Tax                                           The Commonwealth of the Northern Mariana Islands.
The Net Investment Income Tax (NIIT) imposes a 3.8% tax             Guam.
on the lesser of an individual’s net investment income or           The U.S. Virgin Islands.
the excess of the individual’s modified adjusted gross in-
come over a specified threshold amount. Bona fide resi-              These issues usually involve allocations of income, de-
dents of Puerto Rico and American Samoa who may have                ductions, credits, or allowances between related persons; 
a federal income tax return filing obligation may be liable         determinations  of  residency;  and  determinations  of  the 
for  the  NIIT  if  the  taxpayer’s  modified  adjusted  gross  in- source of income and related expenses.
come  from  non-territory  sources  exceeds  a  specified 
threshold amount. The NIIT does not apply to any individ-           Competent Authority Assistance
ual who is a nonresident alien with respect to the United 
States. Bona fide residents must take into account any ad-          The  tax  coordination  agreements  between  the  United 
ditional tax liability associated with the NIIT when calculat-      States  and  the  territory  tax  departments  contain  provi-
ing the estimated tax payments. Because bona fide resi-             sions  allowing  the  competent  authorities  of  the  United 
dents  of  the  CNMI,  Guam,  and  the  U.S.  Virgin  Islands       States  and  the  relevant  territory  to  resolve,  by  mutual 
generally do not have a federal income tax return filing ob-        agreement, inconsistent tax treatment by the two jurisdic-
ligation, these persons generally do not have an NIIT filing        tions.
or  payment  obligation  with  the  United  States  IRS.  Bona 
fide residents of the CNMI, Guam, and the U.S. Virgin Is-           How to make your request. Your request for competent 
lands should contact their local territorial tax department         authority  assistance  must  be  in  the  form  of  a  letter  ad-
for guidance on the mirrored application of the NIIT under          dressed to the Commissioner, Large Business & Interna-
the territorial income tax laws of these jurisdictions.             tional Division. It must contain a statement that competent 
                                                                    authority assistance is requested under the mutual agree-
Forms to file.  If you are a bona fide resident of American         ment procedure with the territory. You (or a person having 
Samoa  or  Puerto  Rico  and  you  are  required  to  pay  the      authority  to  sign  your  federal  return)  must  sign  and  date 
NIIT, you must file Form 1040 or 1040-SR with the United            the  request.  For  more  information,  see  Revenue  Proce-
States and attach Form 8960. For more information, see              dure  2006-23,          available    at IRS.gov/irb/
Form 8960 and its instructions.                                     2006-20_IRB#RP-2006-23.
                                                                     Go   to IRS.gov/Individuals/International-Taxpayers/
                                                                    Competent-Authority-Arrangements for information on the 
                                                                    Competent Authority Arrangements for the territories.
Paying Your Taxes

You may find that not all of your income tax has been paid 
through withholding to either the United States or the terri-
tory.  This  is  often  true  if  you  have  income  that  is  not 

36                              Chapter 4               Filing U.S. Tax Returns               Publication 570 (2023)



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        Revenue Procedure 2015-40 includes procedures 
TIP     for requests for assistance from the U.S. compe-
        tent authority arising under U.S. tax treaties. Pro-         Taxpayer Assistance Inside the 
cedures for requesting assistance of the U.S. competent 
                                                                     United States
authority in addressing inconsistencies in tax treatment by 
the IRS and a U.S. territory are under Revenue Procedure 
                                                                     If you have questions about a tax issue; need help prepar-
2006-23,       available      at            IRS.gov/irb/
                                                                     ing your tax return; or want to download free publications, 
2006-20_IRB#RP-2006-23.
                                                                     forms, or instructions, go to IRS.gov to find resources that 
                                                                     can help you right away.
        Nonresident  aliens  must  generally  present  their 
!       initial  request  for  assistance  to  the  relevant  terri- Preparing and filing your tax return.  After receiving all 
CAUTION tory tax agency.
                                                                     your wage and earnings statements (Forms W-2, W-2G, 
                                                                     1099-R,  1099-MISC,  1099-NEC,  etc.);  unemployment 
        Send your written request for U.S. assistance un-
                                                                     compensation statements (by mail or in a digital format) or 
        der this procedure to:
                                                                     other  government  payment  statements  (Form  1099-G); 
                                                                     and  interest,  dividend,  and  retirement  statements  from 
Commissioner, Large Business                                         banks and investment firms (Forms 1099), you have sev-
and International Division                                           eral options to choose from to prepare and file your tax re-
Internal Revenue Service                                             turn.  You  can  prepare  the  tax  return  yourself,  see  if  you 
SE:LB:TTPO:APMA:TAIT:K                                               qualify for free tax preparation, or hire a tax professional to 
1111 Constitution Avenue NW                                          prepare your return.
Washington, DC 20224
                                                                     Free options for tax preparation.    Your options for pre-
USA
                                                                     paring  and  filing  your  return  online  or  in  your  local  com-
(Attention: TAIT)
                                                                     munity, if you qualify, include the following.
                                                                     Free File. This program lets you prepare and file your 
                                                                       federal individual income tax return for free using soft-
Credit or Refund                                                       ware or Free File Fillable Forms. However, state tax 
                                                                       preparation may not be available through Free File. Go 
In  addition  to  the  tax  assistance  request,  if  you  seek  a     to IRS.gov/FreeFile to see if you qualify for free online 
credit or refund of any overpayment of U.S. tax paid on the            federal tax preparation, e-filing, and direct deposit or 
income  in  question,  you  should  file  a  claim  on  Form           payment options.
1040-X. Indicate on the form that a request for assistance 
under  the  mutual  agreement  procedure  with  the  territory       VITA. The Volunteer Income Tax Assistance (VITA) 
has been filed. Attach a copy of the request to the form.              program offers free tax help to people with 
                                                                       low-to-moderate incomes, persons with disabilities, 
Also, you should take whatever steps must be taken un-                 and limited-English-speaking taxpayers who need 
der the territory tax code to prevent the expiration of the            help preparing their own tax returns. Go to IRS.gov/
statutory period for filing a claim for credit or refund of a          VITA, download the free IRS2Go app, or call 
territory tax.                                                         800-906-9887 for information on free tax return prepa-
                                                                       ration.
See  Revenue  Procedure  2006-23  (or  its  successor),              TCE. The Tax Counseling for the Elderly (TCE) pro-
section  9,  for  complete  information  on  protective  meas-         gram offers free tax help for all taxpayers, particularly 
ures involving inconsistencies in tax treatment by the IRS             those who are 60 years of age and older. TCE volun-
and a    U.S.  territory,     available  at IRS.gov/irb/               teers specialize in answering questions about pen-
2006-20_IRB#RP-2006-23.  For  additional  information  on              sions and retirement-related issues unique to seniors. 
protective claims related to requests for assistance arising           Go to IRS.gov/TCE or download the free IRS2Go app 
under U.S. tax treaties, see Revenue Procedure 2015-40,                for information on free tax return preparation.
available at IRS.gov/irb/2015-35_IRB#RP-2015-40.
                                                                     MilTax. Members of the U.S. Armed Forces and quali-
                                                                       fied veterans may use MilTax, a free tax service of-
                                                                       fered by the Department of Defense through Military 
                                                                       OneSource. For more information, go to 
                                                                       MilitaryOneSource MilitaryOneSource.mil/MilTax (  ).
                                                                          Also, the IRS offers Free Fillable Forms, which can 
5.                                                                     be completed online and then e-filed regardless of in-
                                                                       come.

How To Get Tax Help

Assistance for overseas taxpayers is available in the Uni-
ted States and certain foreign locations.

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Using online tools to help prepare your return.        Go to      Employers can register to use Business Services On-
IRS.gov/Tools for the following.                                  line. The Social Security Administration (SSA) offers on-
                                                                  line service at SSA.gov/employer for fast, free, and secure 
 The Earned Income Tax Credit Assistant IRS.gov/ (
                                                                  W-2 filing options to CPAs, accountants, enrolled agents, 
   EITCAssistant) determines if you’re eligible for the 
                                                                  and  individuals  who  process  Form  W-2,  Wage  and  Tax 
   earned income credit (EIC).
                                                                  Statement,  and  Form  W-2c,  Corrected  Wage  and  Tax 
 The Online EIN Application IRS.gov/EIN ( ) helps you           Statement.
   get an employer identification number (EIN) at no 
   cost.                                                          IRS social media.     Go to IRS.gov/SocialMedia to see the 
                                                                  various social media tools the IRS uses to share the latest 
 The Tax Withholding Estimator IRS.gov/W4App (     ) 
                                                                  information on tax changes, scam alerts, initiatives, prod-
   makes it easier for you to estimate the federal income 
                                                                  ucts, and services. At the IRS, privacy and security are our 
   tax you want your employer to withhold from your pay-
                                                                  highest priority. We use these tools to share public infor-
   check. This is tax withholding. See how your withhold-
                                                                  mation  with  you. Don’t  post  your  social  security  number 
   ing affects your refund, take-home pay, or tax due.
                                                                  (SSN)  or  other  confidential  information  on  social  media 
 The First-Time Homebuyer Credit Account Look-up                sites. Always protect your identity when using any social 
   (IRS.gov/HomeBuyer) tool provides information on               networking site.
   your repayments and account balance.                            The following IRS YouTube channels provide short, in-
 The Sales Tax Deduction Calculator IRS.gov/ (                  formative videos on various tax-related topics in English, 
   SalesTax) figures the amount you can claim if you              Spanish, and ASL.
   itemize deductions on Schedule A (Form 1040).                   Youtube.com/irsvideos.
        Getting  answers  to  your  tax  questions.  On            Youtube.com/irsvideosmultilingua.
        IRS.gov,  you  can  get  up-to-date  information  on 
                                                                   Youtube.com/irsvideosASL.
        current events and changes in tax law.
 IRS.gov/Help: A variety of tools to help you get an-           Watching  IRS         videos. The IRS   Video          portal 
   swers to some of the most common tax questions.                (IRSVideos.gov)  contains  video  and  audio  presentations 
                                                                  for individuals, small businesses, and tax professionals.
 IRS.gov/ITA: The Interactive Tax Assistant, a tool that 
   will ask you questions and, based on your input, pro-          Online  tax  information  in  other  languages.        You  can 
   vide answers on a number of tax topics.                        find  information  on IRS.gov/MyLanguage  if  English  isn’t 
 IRS.gov/Forms: Find forms, instructions, and publica-          your native language.
   tions. You will find details on the most recent tax 
                                                                  Free  Over-the-Phone  Interpreter  (OPI)  Service.     The 
   changes and interactive links to help you find answers 
                                                                  IRS is committed to serving taxpayers with limited-English 
   to your questions.
                                                                  proficiency (LEP) by offering OPI services. The OPI Serv-
 You may also be able to access tax information in your         ice is a federally funded program and is available at Tax-
   e-filing software.                                             payer  Assistance  Centers  (TACs),  most  IRS  offices,  and 
                                                                  every VITA/TCE tax return site. The OPI Service is acces-
                                                                  sible in more than 350 languages.
Need someone to prepare your tax return?      There are 
various  types  of  tax  return  preparers,  including  enrolled  Accessibility  Helpline  available  for  taxpayers  with 
agents, certified public accountants (CPAs), accountants,         disabilities.   Taxpayers who need information about ac-
and many others who don’t have professional credentials.          cessibility  services  can  call  833-690-0598.  The  Accessi-
If  you  choose  to  have  someone  prepare  your  tax  return,   bility Helpline can answer questions related to current and 
choose that preparer wisely. A paid tax preparer is:              future accessibility products and services available in al-
 Primarily responsible for the overall substantive accu-        ternative  media  formats  (for  example,  braille,  large  print, 
   racy of your return,                                           audio, etc.). The Accessibility Helpline does not have ac-
                                                                  cess to your IRS account. For help with tax law, refunds, or 
 Required to sign the return, and
                                                                  account-related issues, go to IRS.gov/LetUsHelp.
 Required to include their preparer tax identification 
   number (PTIN).
        Although the tax preparer always signs the return, 
!       you're  ultimately  responsible  for  providing  all  the 
CAUTION information required for the preparer to accurately 
prepare your return and for the accuracy of every item re-
ported on the return. Anyone paid to prepare tax returns 
for  others  should  have  a  thorough  understanding  of  tax 
matters. For more information on how to choose a tax pre-
parer, go to Tips for Choosing a Tax Preparer on IRS.gov.

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Note.     Form  9000,  Alternative  Media  Preference,  or         which securely and electronically transfers your refund di-
Form 9000(SP) allows you to elect to receive certain types         rectly  into  your  financial  account.  Direct  deposit  also 
of written correspondence in the following formats.                avoids the possibility that your check could be lost, stolen, 
Standard Print.                                                  destroyed,  or  returned  undeliverable  to  the  IRS.  Eight  in 
                                                                   10 taxpayers use direct deposit to receive their refunds. If 
Large Print.                                                     you  don’t  have  a  bank  account,  go  to           IRS.gov/
Braille.                                                         DirectDeposit for more information on where to find a bank 
                                                                   or credit union that can open an account online.
Audio (MP3).
Plain Text File (TXT).                                           Reporting  and  resolving  your  tax-related  identity 
                                                                   theft issues. 
Braille Ready File (BRF).
                                                                   Tax-related identity theft happens when someone 
Disasters.   Go  to IRS.gov/DisasterRelief  to  review  the          steals your personal information to commit tax fraud. 
available disaster tax relief.                                       Your taxes can be affected if your SSN is used to file a 
                                                                     fraudulent return or to claim a refund or credit.
Getting  tax  forms  and  publications. Go  to IRS.gov/
Forms  to  view,  download,  or  print  all  the  forms,  instruc- The IRS doesn’t initiate contact with taxpayers by 
tions, and publications you may need. Or, you can go to              email, text messages (including shortened links), tele-
IRS.gov/OrderForms to place an order.                                phone calls, or social media channels to request or 
                                                                     verify personal or financial information. This includes 
Getting  tax  publications  and  instructions  in  eBook             requests for personal identification numbers (PINs), 
format.   Download  and  view  most  tax  publications  and          passwords, or similar information for credit cards, 
instructions (including the Instructions for Form 1040) on           banks, or other financial accounts.
mobile devices as eBooks at IRS.gov/eBooks.                          Go to IRS.gov/IdentityTheft, the IRS Identity Theft 
                                                                   
IRS eBooks have been tested using Apple's iBooks for                 Central webpage, for information on identity theft and 
iPad. Our eBooks haven’t been tested on other dedicated              data security protection for taxpayers, tax professio-
eBook readers, and eBook functionality may not operate               nals, and businesses. If your SSN has been lost or 
as intended.                                                         stolen or you suspect you’re a victim of tax-related 
Access  your  online  account  (individual  taxpayers                identity theft, you can learn what steps you should 
only). Go  to IRS.gov/Account  to  securely  access  infor-          take.
mation about your federal tax account.                             Get an Identity Protection PIN (IP PIN). IP PINs are 
View the amount you owe and a breakdown by tax                     six-digit numbers assigned to taxpayers to help pre-
  year.                                                              vent the misuse of their SSNs on fraudulent federal in-
                                                                     come tax returns. When you have an IP PIN, it pre-
See payment plan details or apply for a new payment                vents someone else from filing a tax return with your 
  plan.                                                              SSN. To learn more, go to IRS.gov/IPPIN.
Make a payment or view 5 years of payment history 
  and any pending or scheduled payments.                           Ways to check on the status of your refund. 
Access your tax records, including key data from your            Go to IRS.gov/Refunds.
  most recent tax return, and transcripts.                         Download the official IRS2Go app to your mobile de-
View digital copies of select notices from the IRS.                vice to check your refund status.
Approve or reject authorization requests from tax pro-           Call the automated refund hotline at 800-829-1954.
  fessionals.                                                              The IRS can’t issue refunds before mid-February 
View your address on file or manage your communica-               !      for returns that claimed the EIC or the additional 
  tion preferences.                                                CAUTION child tax credit (ACTC). This applies to the entire 
                                                                   refund, not just the portion associated with these credits.
Get  a  transcript  of  your  return.   With  an  online  ac-
count, you can access a variety of information to help you         Making a tax payment.     Payments of U.S. tax must be 
during the filing season. You can get a transcript, review         remitted to the IRS in U.S. dollars. Digital assets are not 
your most recently filed tax return, and get your adjusted         accepted. Go to IRS.gov/Payments for information on how 
gross  income.  Create  or  access  your  online  account  at      to make a payment using any of the following options.
IRS.gov/Account.
                                                                   IRS Direct Pay: Pay your individual tax bill or estimated 
Tax  Pro  Account.   This  tool  lets  your  tax  professional       tax payment directly from your checking or savings ac-
submit an authorization request to access your individual            count at no cost to you.
taxpayer IRS online account. For more information, go to           Debit Card, Credit Card, or Digital Wallet: Choose an 
IRS.gov/TaxProAccount.                                               approved payment processor to pay online or by 
                                                                     phone.
Using direct deposit. The safest and easiest way to re-
ceive a tax refund is to e-file and choose direct deposit, 

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 Electronic Funds Withdrawal: Schedule a payment               taxpayers is part of a multi-year timeline that began pro-
   when filing your federal taxes using tax return prepara-      viding  translations  in  2023.  You  will  continue  to  receive 
   tion software or through a tax professional.                  communications, including notices and letters, in English 
                                                                 until they are translated to your preferred language.
 Electronic Federal Tax Payment System: Best option 
   for businesses. Enrollment is required.                       Contacting your local TAC.    Keep in mind, many ques-
 Check or Money Order: Mail your payment to the ad-            tions can be answered on IRS.gov without visiting a TAC. 
   dress listed on the notice or instructions.                   Go to  IRS.gov/LetUsHelp for the topics people ask about 
                                                                 most. If you still need help, TACs provide tax help when a 
 Cash: You may be able to pay your taxes with cash at 
                                                                 tax  issue  can’t  be  handled  online  or  by  phone.  All  TACs 
   a participating retail store.
                                                                 now provide service by appointment, so you’ll know in ad-
 Same-Day Wire: You may be able to do same-day                 vance that you can get the service you need without long 
   wire from your financial institution. Contact your finan-     wait times. Before you visit, go to IRS.gov/TACLocator to 
   cial institution for availability, cost, and time frames.     find the nearest TAC and to check hours, available serv-
                                                                 ices,  and  appointment  options.  Or,  on  the  IRS2Go  app, 
Note.       The IRS uses the latest encryption technology        under the Stay Connected tab, choose the Contact Us op-
to ensure that the electronic payments you make online,          tion and click on “Local Offices.”
by phone, or from a mobile device using the IRS2Go app 
are safe and secure. Paying electronically is quick, easy, 
and faster than mailing in a check or money order.               The Taxpayer Advocate Service (TAS) 
                                                                 Is Here To Help You
What  if  I  can’t  pay  now? Go  to IRS.gov/Payments  for 
more information about your options.                             What Is TAS?

 Apply for an online payment agreement IRS.gov/ (              TAS  is  an independent  organization  within  the  IRS  that 
   OPA) to meet your tax obligation in monthly install-          helps taxpayers and protects taxpayer rights. TAS strives 
   ments if you can’t pay your taxes in full today. Once         to ensure that every taxpayer is treated fairly and that you 
   you complete the online process, you will receive im-         know and understand your rights under the Taxpayer Bill 
   mediate notification of whether your agreement has            of Rights.
   been approved.
 Use the Offer in Compromise Pre-Qualifier to see if           How Can You Learn About Your Taxpayer 
   you can settle your tax debt for less than the full           Rights?
   amount you owe. For more information on the Offer in 
   Compromise program, go to IRS.gov/OIC.                        The Taxpayer Bill of Rights describes 10 basic rights that 
                                                                 all  taxpayers  have  when  dealing  with  the  IRS.  Go  to 
Filing an amended return.       Go to IRS.gov/Form1040X 
                                                                 TaxpayerAdvocate.IRS.gov  to  help  you  understand  what 
for information and updates.
                                                                 these rights mean to you and how they apply. These are 
Checking  the  status  of  your  amended  return.      Go  to    your rights. Know them. Use them.
IRS.gov/WMAR to track the status of Form 1040-X amen-
ded returns.                                                     What Can TAS Do for You?
        It can take up to 3 weeks from the date you filed 
                                                                 TAS can help you resolve problems that you can’t resolve 
!       your amended return for it to show up in our sys-        with  the  IRS.  And  their  service  is  free.  If  you  qualify  for 
CAUTION tem, and processing it can take up to 16 weeks.
                                                                 their  assistance,  you  will  be  assigned  to  one  advocate 
                                                                 who will work with you throughout the process and will do 
Understanding  an  IRS  notice  or  letter  you’ve  re-          everything  possible  to  resolve  your  issue.  TAS  can  help 
ceived. Go to IRS.gov/Notices to find additional informa-        you if:
tion about responding to an IRS notice or letter.
                                                                 Your problem is causing financial difficulty for you, 
Responding to an IRS notice or letter.         You can now         your family, or your business;
upload  responses  to  all  notices  and  letters  using  the    You face (or your business is facing) an immediate 
Document Upload Tool. For notices that require additional          threat of adverse action; or
action,  taxpayers  will  be  redirected  appropriately  on 
IRS.gov  to  take  further  action.  To  learn  more  about  the You’ve tried repeatedly to contact the IRS but no one 
tool, go to IRS.gov/Upload.                                        has responded, or the IRS hasn’t responded by the 
                                                                   date promised.
Note.       You  can  use  Schedule  LEP  (Form  1040),  Re-
quest for Change in Language Preference, to state a pref-        How Can You Reach TAS?
erence to receive notices, letters, or other written commu-
nications from the IRS in an alternative language. You may       TAS  has  offices in  every  state,  the  District  of  Columbia, 
not immediately receive written communications in the re-        and Puerto Rico. To find your advocate’s number:
quested  language.  The  IRS’s  commitment  to  LEP 
                                                                 Go to TaxpayerAdvocate.IRS.gov/Contact-Us;

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Download Pub. 1546, The Taxpayer Advocate Service               Fax  681-247-3101  (for  international  tax  account 
  Is Your Voice at the IRS, available at IRS.gov/pub/irs-         issues only).
  pdf/p1546.pdf;
Call the IRS toll free at 800-TAX-FORM                          If you wish to write instead of calling, please ad-
  (800-829-3676) to order a copy of Pub. 1546;                    dress your letter to:
Check your local directory; or
                                                                  Internal Revenue Service
Call TAS toll free at 877-777-4778.                             International Accounts
                                                                  Philadelphia, PA 19255-0725
How Else Does TAS Help Taxpayers?                                 U.S.A.

TAS  works  to  resolve  large-scale  problems  that  affect 
many taxpayers. If you know of one of these broad issues,         Additional contacts for taxpayers who live outside the Uni-
report it to TAS at IRS.gov/SAMS. Be sure to not include          ted States are available at IRS.gov/uac/Contact-My-Local-
any personal taxpayer information.                                Office-Internationally.

Low Income Taxpayer Clinics (LITCs)                               Taxpayer Advocate Service (TAS). If you live outside of 
                                                                  the United States, you can contact TAS at:
LITCs are independent from the IRS and TAS. LITCs rep-
resent individuals whose income is below a certain level          Internal Revenue Service
and who need to resolve tax problems with the IRS. LITCs          Taxpayer Advocate Service
can represent taxpayers in audits, appeals, and tax collec-       City View Plaza, 48 Carr 165, 5th floor, Suite 200
tion  disputes  before  the  IRS  and  in  court.  In  addition,  Guaynabo, PR 00968-8000
LITCs can provide information about taxpayer rights and 
responsibilities  in  different  languages  for  individuals  who You can call TAS toll free at 877-777-4778. If you 
speak English as a second language. Services are offered          live outside of the United States, you can call TAS 
for free or a small fee. For more information or to find an       at  787-522-8601  in  English  or  787-522-8600  in 
LITC near  you,     go    to       the   LITC page at             Spanish.
TaxpayerAdvocate.IRS.gov/LITC  or  see  IRS  Pub.  4134,          For  more  information  on  TAS  and  contacts  if  you  are 
Low  Income  Taxpayer  Clinic  List,  at IRS.gov/pub/irs-pdf/     outside  of  the  United  States,  go  to IRS.gov/Advocate/
p4134.pdf.                                                        Local-Taxpayer-Advocate/Contact-Your-Local-Taxpayer-
                                                                  Advocate.

Taxpayer Assistance Outside 

the United States
     If you are outside the United States, you can call 
     267-941-1000 (English-speaking only). This num-
     ber is not toll free.

Publication 570 (2023)                   Chapter 5 How To Get Tax Help                                                   41



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                     To help us develop a more useful index, please let us know if you have ideas for index entries.
Index                See “Comments and Suggestions” in the “Introduction” for the ways you can reach us.
 
                                          Commonwealth of the Northern              Form 4868   32
A                                           Mariana Islands   21                    How to get the automatic 
Additional Medicare Tax      4 17 19, , ,   Form 5074   22                           extension   32
 23 26 29 35, , ,                         Compensation for labor or                 Individuals outside the United 
Aliens:                                     personal services   11 13-               States and Puerto Rico              32
 Nonresident (See specific territory)       Alternative basis 12 13,                Married taxpayers   32
 Resident (See specific territory)          Multi-year compensation  12             Married taxpayers, how to get the 
American Samoa      16 18-                  Time basis  12                           extension   32
 Form 4563     17                         Competent Authority                       When to file 32
Armed forces, U.S.:                         Assistance  36                          When you file your return            32
 Bona fide residence    4                   How to make your request   36
Armed Forces, U.S.                          Protective Claim  37                   F
 Earned income credit     33              Credits                                  Filing requirements  27
 Source of income    11                     Earned income  33                       American Samoa     16 18-
 Spouse   4 12 21 23 26 29, , , , ,         Foreign tax 34 35,                       Form 4563     17
Assistance (See Tax help)                                                           CNMI  24
                                          D
Awards and prizes    15                                                             Commonwealth of the Northern 
                                          Days of presence in a territory            Mariana Islands    21
B                                           Presence test:                           Form 5074     22
Bankruptcy cases, Chapter 11          35    Territory, days in  5                   E-file-options, U.S. return          31
Bona fide residence     4 10-             Days of presence in the United            Guam  24 27-
                                            States                                   Form 5074     25
 Closer connection      8 9, 
                                            Charitable sports event  6              Puerto Rico  18 21-
   Year of move     9 10, 
                                            Full-time student 7                     Territories 15 29, 
 Presence test    5
                                            Presence test:                          U.S. Virgin Islands 29
   Child, defined    5
                                            U.S., days in  6                         Form 1040INFO      27
   Nonresident aliens     5
                                            Qualifying medical treatment 6           Form 4868     29
   Qualifying medical treatment       6
                                            School  7                                Form 8689     28
   Territory, days in   6
                                            Student 7                              Foreign tax credit  34 35, 
   U.S., days in    6
                                          Days of Presence in the United           Form
 Reporting change in residency 
                                            States or Relevant Territory 5
   status 10                                                                        1040-ES 36
                                          Deductions:
   Penalty for not reporting    10 11,                                              1040-NR 17 20 22 25 28, , , , 
                                            IRA contribution 34
 Tax home   8                                                                       1040-SS 17 23 26 29, , , 
                                            Moving expenses:
   Exceptions     8                                                                 1040INFO    27
                                            U.S. return   33
   Government officials      8                                                      1116  34 35, 
                                            Self-employment tax, one-half of 33
   Seafarers   8                                                                    3903  33
                                            Standard deduction   34
   Students    8                                                                    4563  17
                                          Deductions if Territory Income Is 
   Year of move     8 10-                                                           4868  29
                                            Excluded    33
 Tests to meet    4                                                                 5074  22 25, 
                                          Dispositions of certain property,         8689  28
 U.S. Armed Forces      4                   special rules for  14                   8898  10 11, 
 Year of move     9 10,                   Dividends 13                              Schedule A (Form 1040 or 
   Puerto Rico      10                    Double taxation, inconsistent tax          1040-SR)    34
                                            treatment                               Schedule SE (Form 1040 or 
C                                           Mutual agreement procedure   36          1040-SR)    35
Change in residency status,                                                        Form 8938, Statement of Specified 
 reporting  10                            E                                         Foreign Financial Assets,              3
 Penalty for not reporting    10 11,      Earned income credit    33               Fringe benefits 12
Change of address       3                 Effectively connected income   15
 Form 8822                                Estimated tax payments     17 19 23, , , G
Child, defined    5                         26 29 36, ,                            Government employees, U.S. 
Closer connection    8 9,                 Extension of time to file:                (See specific territory)
 Year of move     9 10,                     U.S. Virgin Islands 29                 Grants 15
CNMI  24                                  Extension of time to file U.S.           Guam 24 27-
CNMI tax return     23                      return  31                              Form 5074   25
Commonwealth of Puerto                      Automatic 6-Month Extension  32
 Rico   18 21-                              Extension beyond 2 months    32
                                            Extension beyond 6 months    32

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                                      Publications (See Tax help)             Tax home 8
I                                     Puerto Rico   18 21-                     Exceptions 8
Income                                  Bona fide residence:                   Government officials   8
  Awards and prizes    15               Year of move      10                   Seafarers 8
  Effectively connected income   15                                            Students 8
  Grants 15                           Q                                        Year of move 8 10-
  Investments   13                    Qualifying medical treatment     6      Taxpayer Advocate Service                  2
  Labor or personal services  11 13,                                          Territories, list of 3
  Pensions   13                       R                                       Territory source income     11 15-
  Sales or other dispositions of      Real property:                           Awards and prizes     15
  property    13 15-                    Sales or other dispositions of 13      Effectively connected income               15
  Scholarships and fellowships   15   Reminders    1                           Grants  15
  Services performed partly within a    Additional Medicare Tax  2             Investment income     13
  territory   12 13,                    Earned income credit (EIC)   3         Labor or personal services                11 13, 
  Source of  11                         Electronic filing 3                    Pensions 13
  U.S. Armed Forces    11               Expired ITIN  2                        Sales or other dispositions of 
  U.S. income rule   11                 Individual taxpayer identification      property  13 15-
Income from American Samoa or           numbers (ITINs) for aliens     2       Scholarships and fellowships               15
  Puerto Rico excluded:                 Net Investment Income Tax    2         Services performed partly within a 
  Deductions if income from American    Self-employment tax   2                 territory 12 13, 
  Samoa or Puerto Rico                                                         U.S. Armed Forces     11
                                      Rental income   13
  excluded    33                                                               U.S. income rule    11
                                      Report a change of bona fide 
Income from American Samoa or 
                                        residence   3
  Puerto Rico excluded.   33                                                  U
                                      Resident alien (See specific territory)
Interest income   13
                                      Royalty income   13                     U.S. Armed Forces
Inventory:
                                                                               Bona fide residence   4
  Sales or other dispositions of 13   S                                        Earned income credit    33
Investment income      13
IRA deduction   34                    Scholarships and fellowships     15      Source of income     11
Itemized deductions    34             Self-employment tax:                     Spouse  4 12 21 23 26 29, , , , , 
                                        U.S. return 35                        U.S. Government employees 
M                                     Self-employment tax deduction        33  (See specific territory)
                                      Services performed partly within a      U.S. income rule 11
Medical treatment, qualifying    6                                            U.S. return with excluded 
                                        territory  12 13, 
Moving expense deduction:                                                      income  33
                                      Significant Connection    7
  U.S. return 33                                                              U.S. return, territory income 
                                      Source of income     11 15-
N                                       Awards and prizes   15                 excluded on  33 35-
                                        Effectively connected income   15      Credits:
Net Investment Income Tax     4 17, ,   Grants 15                               Earned income credit       33
  19 36,                                                                        Foreign tax credit   34 35, 
                                        Investment income    13
Nonresident alien (See specific                                                Deductions:
  territory)                            Labor or personal services   11 13, 
Northern Mariana Islands  21 24-        Pensions   13                           IRA contribution     34
                                        Sales or other dispositions of          Itemized deductions     34
P                                       property    13 15-                      Moving expenses       33
                                        Scholarships and fellowships   15       Self-employment tax, one-half 
Paying your taxes    36                                                         of     33
                                        Services performed partly within a 
Penalty                                 territory   12 13,                      Standard deduction      34
  Failure to report change in           U.S. Armed Forces    11               U.S. taxation of territory income, to 
  residency status     10 11,                                                  get information on    4
                                        U.S. income rule   11
Pension income    13                                                          U.S. Virgin Islands   27 29-
                                      Special rules for filing (See specific 
Permanent home       7                  territory)                             Form 1040INFO       27
Personal property:                    Special rules for gains from             Form 4868  29
  Sales or other dispositions of 13     dispositions of certain                Form 8689  28
Personal service income   11 13-        property   14
Presence test   5                     Standard deduction     34               V
  Child, defined 5                                                            Virgin Islands, U.S.   27 29-
  Nonresident aliens   5              T
  Qualifying medical treatment   6    Tables:                                 W
  Significant connection:               U.S. filing requirements for most     What's New:
  Permanent home        7               taxpayers (Table 4-1)    31            Maximum income subject to social 
  Territory, days in 5 6,               U.S. source of income                   security tax  1
  U.S., days in 6                       (Table 2-1)   11                       Optional methods to figure net 
Prizes 15                             Tax help 37                               earnings  1

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Standard deduction amount Where To File                         Who must file:
   increased 1            U.S. return 32                        U.S. return 31
When to file              Which return to file (See specific 
U.S. return  31           territory)

44                                                                          Publication 570 (2023)






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