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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. Learn from the IRS about filing a U.S. federal tax return if you are a nonresident alien.
You may need to file Form 1040-NR if you: Were a nonresident alien engaged in a trade or business in the United States. Represented a deceased person who would have had to file Form 1040-NR. Represented an estate or trust that had to file Form 1040-NR.
A foreign national in non-immigrant visa status may be considered a resident alien for tax purposes as soon as he/she meets the substantial presence test for a calendar year (January 1 to December 31).
If you are not a U.S. citizen, you are considered a non-resident for tax purposes unless you meet the criteria for one of the following tests: The Green Card Test You are a resident for tax purposes if you were a legal permanent resident of the United States any time during the past calendar year.
For instance: a resident Indian has to file returns only in India, while a non-resident may need to file returns in the country of residence as well as in India. The status depends primarily on the period of stay in the country. In broad terms, a person is either a resident or a non-resident.
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The primary test of tax residency is called the resides test. If you reside in Australia, youre an Australian resident for tax purposes and you dont need to apply any of the other residency tests. Some of the factors that can be used to determine residency status include: physical presence.
26 USC 871: Tax on nonresident alien individuals.
Substantial Presence Test A non-resident alien is classified as a resident alien for tax purposes if they were physically present in the U.S. for 31 days during the current year and 183 days during a three-year period that includes the current year and the two years immediately before that.

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