Publication 519 |
2000 Tax Year |
How To Figure Tax
When you figure your U.S. tax for a dual-status year, you are
subject to different rules for the part of the year you are a resident
and the part of the year you are a nonresident.
Income
All income for your period of residence and all income that is
effectively connected with a trade or business in the United States
for your period of nonresidence, after allowable deductions, is added
and taxed at the rates that apply to U.S. citizens and residents.
Income that is not connected with a trade or business in the United
States for your period of nonresidence is subject to the flat 30% rate
or lower treaty rate. You cannot take any deductions against this
income.
Social security and railroad retirement benefits.
During the part of the year you are a nonresident alien, 85% of any
U.S. social security benefits (and the equivalent portion of tier 1
railroad retirement benefits) you receive is subject to the flat 30%
tax, unless exempt, or subject to a lower treaty rate. (See The
30% Tax in chapter 4.)
During the part of the year you are a resident alien, part of the
social security and the equivalent portion of tier 1 railroad
retirement benefits will be taxed at graduated rates if your modified
adjusted gross income plus half these benefits is more than a certain
base amount.
Use the Social Security Benefits Worksheet in the Form
1040 instructions to help you figure the taxable part of your social
security and equivalent tier 1 railroad retirement benefits for the
part of the year you were a resident alien.
If you received U.S. social security benefits while you were a
nonresident alien, the Social Security Administration will
send you a copy of Form SSA-1042S showing your combined benefits
for the entire year and the amount of tax withheld. You will not
receive separate statements for the benefits received during your
periods of U.S. residence and nonresidence. Therefore, it is important
for you to keep careful records of these amounts. You will need this
information to properly complete your return and determine your tax
liability.
If you received railroad retirement benefits while you were a
nonresident alien, the U.S. Railroad Retirement Board (RRB)
will send you Form RRB-1042S, Statement for Nonresident
Alien Recipients of Payments by the Railroad Retirement Board,
and/or Form RRB-1099-R, Annuities or Pensions
by the Railroad Retirement Board. If your country of legal
residence changed or your rate of tax changed during the tax year, you
may receive more than one form.
Tax Credits and Payments
This discussion covers tax credits and payments for dual-status
aliens.
Credits
As a dual-status alien, you generally can claim tax credits using
the same rules that apply to resident aliens. There are certain
restrictions that may apply. These restrictions are discussed here,
along with a brief explanation of credits often claimed by
individuals.
Child and dependent care credit.
You may qualify for this credit if you pay someone to care for your
dependent who is under age 13, or your disabled dependent or disabled
spouse so that you can work or look for work. Generally, you must be
able to claim an exemption for your dependent.
Married dual-status aliens can claim the credit only if they choose
to file a joint return as discussed in chapter 1,
or if they qualify
as certain married individuals living apart.
The amount of your child and dependent care expense that qualifies
for the credit in any tax year cannot be more than your earned income
for that tax year.
For more information, get Publication 503
and Form 2441.
Credit for the elderly or the disabled.
You must be a U.S. citizen or resident to claim this credit. You
cannot claim the credit if you were a nonresident alien at any time
during your tax year. However, the credit can be taken by a
dual-status alien who is married to a U.S. citizen or resident and
chooses to be treated as a U.S. resident for the entire year. For
further information about this credit, get Publication 524.
Child tax credit.
You may be able to take this credit if you have a qualifying child.
For this credit, a qualifying child:
- Is a U.S. citizen, national, or resident alien,
- Is claimed as a dependent on your tax return,
- Is your son, daughter, adopted child, grandchild, stepchild,
or foster child, and
- Was under age 17 at the end of the year.
Use the Child Tax Credit Worksheet in the Form 1040
instructions to figure the amount of your credit.
Education credits.
If you are a nonresident alien for any part of the year, you
generally cannot claim the education credits. However, if you are
married and choose to file a joint return with a U.S. citizen or
resident spouse as discussed in chapter 1,
you may be eligible for
these credits.
Foreign tax credit.
If you have paid or are liable for the payment of income tax to a
foreign country on income from foreign sources, you may be able to
claim a credit for the foreign taxes.
If you claim the foreign tax credit, you generally must file Form
1116 with your income tax return. If you need more information, see
the instructions for Form 1116 or get Publication 514.
Adoption credit.
You may qualify to take a tax credit of up to $5,000 for qualifying
expenses paid to adopt an eligible child. The credit can be as much as
$6,000 if the expenses are for the adoption of a child with special
needs. To claim the adoption credit, file Form 8839 with the U.S.
income tax return that you file. For more information, get Publication 968.
Married dual-status aliens can claim the credit only if they choose
to file a joint return with a U.S. citizen or resident spouse as
discussed in chapter 1,
or if they qualify as certain married
individuals living apart.
Payments
You can report as payments against your U.S. income tax liability
certain taxes you paid, are considered to have paid, or that were
withheld from your income. These include:
- Tax withheld from wages earned in the United States,
- Taxes withheld at the source from various items of income
from U.S. sources other than wages,
- Tax paid with Form 1040-ES or Form 1040-ES(NR),
and
- Tax paid with Form 1040-C, at the time of departure
from the United States.
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