Classification of a Foreign Individual's Tax Status
A nonresident alien for tax purposes, is defined by the IRS as:
- Someone who does not have a green card (permanent resident), or
- An individual who does not satisfy the substantial
presence test
- The substantial presence test is a mathematical calculation used
by the Internal Revenue Service (IRS) to determine the tax residency
of a foreign individual present in the United States. An individual
will satisfy the test if he or she is physically present in the
U.S. for a minimum of 31 days in the current year and at least 183
days during the current and the prior two years. In calculating
the number of days present in the U.S., he or she must count all
the days present in the current year, 1/3 of the days present in
the prior year, and 1/6 of the days present in the second prior
year. NOTE: Do not include days present in the U.S. as an exempt
individual.
- For more information, see IRS
Publication 519, U.S. Tax Guide for Aliens
- Unlike U.S. citizens, nonresident aliens are only taxed on U.S. Source
income
A resident alien for tax purposes, is defined by the IRS as:
- A person who possesses a green card, or
- Someone who has satisfied the substantial presence test
A resident alien is subject to the same tax withholding and reporting
requirements as a U.S. citizen or Permanent Resident, including taxation
on worldwide income.
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