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FDAP income that is non-effectively connected income is taxed at a flat 30% rate on the gross income unless a tax treaty specifies a lower rate. Nonresident aliens must file and pay any tax due using Form 1040-NR, U.S. Nonresident Alien Income Tax Return.
If you are living and working in the U.S. as a nonresident alien, you may be required to file a federal tax return. The Internal Revenue Service (IRS) considers you a nonresident alien if you are not a lawful permanent resident (Green Card holder) or do not pass their substantial presence test.
Yes, if you are a U.S. citizen or a resident alien living outside the United States, your worldwide income is subject to U.S. income tax, regardless of where you live. However, you may qualify for certain foreign earned income exclusions and/or foreign income tax credits.
Due to a tax treaty provision, ONLY students from India may claim the standard deduction on the non-resident forms. For 2020 the standard deduction is $12,400 for those filing single or married filing separately. NOTE: Visiting Scholars and Researchers from India cannot claim the standard deduction.
If you are a nonresident alien and receive effectively connected income, you may be able to claim some of the following credits: Foreign tax credit. Child and dependent care credit. Retirement savings contributions credit.
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Resident aliens must follow the same tax laws as U.S. citizens. If youre a resident alien, you must report your worldwide income from all sources, that is, income from both within and outside the United States. Youll file a Form 1040, U.S. Individual Income Tax Return or Form 1040-SR, U.S. Tax Return for Seniors.
Nonresident aliens are generally subject to U.S. income tax only on their U.S. source income. They are subject to two different tax rates, one for effectively connected income, and one for fixed or determinable, annual, or periodic (FDAP) income that is non-effectively connected income.
If you are not a U.S. citizen, you are considered a nonresident of the United States for U.S. tax purposes unless you meet one of two tests. You are a resident of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year (January 1 December 31).

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