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Non-resident aliens with income from U.S. sources need ITIN to file the U.S. tax return. If a Nonresident alien with income from U.S. sources meets the Substantial Presence test then he should file U.S. resident tax return (form 1040).
NOTE: See Form W-7 Instructions or IRS Publication 1915, Understanding Your IRS Individual Taxpayer Identification Number (ITIN), for specific required elements for medical and school records.
If you mistakenly filed a Form 1040, 1040A or 1040EZ and you need to file 1040NR or 1040NR-EZ, or vice versa, you will need to amend your return. Per the IRS Instructions for Form 1040X Amended U.S. Individual Income Tax Return, page 5: Resident and nonresident aliens.
If you want to file a tax return but cannot obtain a valid SSN, you must complete IRS Form W-7, Application for IRS Individual Taxpayer Identification Number. Form W-7 must be submitted to the IRS with a completed tax return and documents verifying identity and foreign status.
To obtain an ITIN, you must complete IRS Form W-7, IRS Application for Individual Taxpayer Identification Number. The Form W-7 requires documentation substantiating foreign/alien status and true identity for each individual.
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U.S. taxpayer identification numbers include a Social Security Number (SSN), which is issued to individuals, and an Employer Identification Number (EIN), which is issued to individuals or entities.

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