The IRS reporting requirements for foreign nationals are determined by their tax residency status, which is different from their immigration status. The two main categories are Resident Aliens and Non-Resident Aliens. Your tax obligations, including which forms you must file and what income you must report, depend on which category you fall into.
DETERMINING YOUR TAX STATUS: RESIDENT VS NON-RESIDENT ALIEN
You are considered a Resident Alien for tax purposes if you meet either the "Green Card Test" or the "Substantial Presence Test" for the calendar year. Otherwise, you are a Non-Resident Alien.
COMMON REPORTING REQUIREMENTS BY TAX STATUS
Resident Aliens
Resident aliens are generally treated the same as U.S. citizens for tax purposes.
Non-Resident Aliens
Non-resident aliens are taxed differently and have more limited reporting obligations.
Dual-Status Aliens
If your tax status changes during the year (for example, you were a non-resident alien and then became a resident alien), you are considered a "dual-status alien".
You will file a single return that reports your income for each period separately. This typically involves filing Form 1040-NR for the non-resident portion of the year and Form 1040 for the resident portion, or a combined "dual-status return" as instructed by the IRS.
OTHER KEY REPORTING REQUIREMENTS
Regardless of alien status, other common reporting requirements may apply.
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