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As such, you’ll file a Form 1040-NR for income earned while you held nonresident alien status. U.S. Tax Treaties and Double Taxation The United States’ tax treaties with other countries ...
The Substantial Presence Test (SPT) is a criterion used by the Internal Revenue Service (IRS) in the United States to determine whether an individual who is not a citizen or lawful permanent resident in the recent past qualifies as a "resident for tax purposes" or a "nonresident for tax purposes"; [1] [2] it is a form of physical presence test.
The form establishes that one is a non-resident alien or foreign corporation, to avoid or reduce tax withholding from US source income, such as rents from US property, interest on US bank deposits or dividends paid by US corporations. The form is not used for US wages and salaries earned by non-resident aliens (in which case Form W-4 is used ...
The Green Card Test (GCT) is a criterion used by the Internal Revenue Service (IRS) in the United States to determine whether an individual qualifies as a "resident for tax purposes". The GCT asks whether, during the calendar year , an individual spent at least one day in the US as a lawful permanent resident (i.e. possessed a green card).
A nonresident alien is defined as an individual who is foreign-born and has not met the criteria of either the green card test or a substantial presence test. Nonresident aliens engaged in a trade or business within the United States during the fiscal year are obligated to file Form 1040NR.
In addition, the bona fide residence test takes into account factors such as the individual's intention, the purpose of the trip, and the length and nature of the stay. There are special deductions and exclusions that accompany this only if the individual is a U.S. citizen or U.S. resident alien and has a tax treaty.
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