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Pub. 519, U.S. Tax Guide for Aliens 2005 Tax Year

Publication 519 - Introductory Material


Introduction

For tax purposes, an alien is an individual who is not a U.S. citizen. Aliens are classified as nonresident aliens and resident aliens. This publication will help you determine your status and give you information you will need to file your U.S. tax return. Resident aliens generally are taxed on their worldwide income, the same as U.S. citizens. Nonresident aliens are taxed only on their income from sources within the United States and on certain income connected with the conduct of a trade or business in the United States.

Table A, What You Need To Know About U.S. Taxes, provides a list of questions and the chapter or chapters in this publication where you will find the related discussion.

Table A. What You Need To Know About U.S. Taxes

Commonly Asked Questions Where To Find The Answer
Am I a nonresident alien or resident alien? See chapter 1.
Can I be a nonresident alien and a resident alien in the same year?
  • See Dual-Status Aliens in chapter 1.

  • See chapter 6.

I am a resident alien and my spouse is a nonresident alien. Are there special rules for us?
  • See Nonresident Spouse Treated as a Resident in chapter 1.

  • See Community Income in chapter 2.

Is all my income subject to U.S. tax?
  • See chapter 2.

  • See chapter 3.

Is my scholarship subject to U.S. tax?
  • See Scholarship Grants, Prizes, and Awards in chapter 2.

  • See Scholarship and Fellowship Grants in chapter 3.

  • See chapter 9.

What is the tax rate on my income subject to U.S. tax? See chapter 4.
I moved to the United States this year. Can I deduct my moving expenses on my U.S. return? See Deductions in chapter 5.
Can I claim exemptions for my spouse and children? See Exemptions in chapter 5.
I pay income taxes to my home country. Can I get credit for these taxes on my U.S. tax return? See Tax Credits and Payments in chapter 5.
What forms must I file and when and where do I file them? See chapter 7.
How should I pay my U.S. income taxes? See chapter 8.
Am I eligible for any benefits under a tax treaty?
  • See Income Entitled to Tax Treaty Benefits in chapter 8.

  • See chapter 9.

Are employees of foreign governments and international organizations exempt from U.S. tax? See chapter 10.
Is there anything special I have to do before leaving the United States?
  • See chapter 11.

  • See Expatriation Tax in chapter 4.

Answers to frequently asked questions are presented in the back of the publication.

The information in this publication is not as comprehensive for resident aliens as it is for nonresident aliens. Resident aliens are generally treated the same as U.S. citizens and can find more information in other IRS publications.

Comments and suggestions.   We welcome your comments about this publication and your suggestions for future editions.

  You can write to us at the following address:


Internal Revenue Service
Individual Forms and Publications Branch
SE:W:CAR:MP:T:I
1111 Constitution Ave. NW, IR-6406
Washington, DC 20224

  We respond to many letters by telephone. Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence.

  You can email us at *[email protected]. (The asterisk must be included in the address.) Please put “Publications Comment” on the subject line. Although we cannot respond individually to each email, we do appreciate your feedback and will consider your comments as we revise our tax products.

Tax questions.   If you have a tax question, visit www.irs.gov or call 1-800-829-1040. We cannot answer tax questions at either of the addresses listed above.

Ordering forms and publications.   Visit www.irs.gov/formspubs to download forms and publications, call 1-800-829-3676, or write to the address shown under How To Get Tax Help in the back of this publication.

What's New for 2005

Dividends paid to nonresident aliens. The following dividends may be exempt from the 30% tax.

  • Dividends paid by foreign corporations.

  • Interest-related dividends.

  • Short-term capital gain dividends.

. For more information, see Dividend Income in Chapter 3.

IRA deduction expanded. You may be able to deduct up to $4,000 ($4,500 if age 50 or older at the end of 2005). If you were covered by a retirement plan, you may be able to take an IRA deduction if your 2005 modified AGI is less than $60,000 ($80,000 if qualifying widow(er)). See Publication 590 for more information.

Residents of Japan. Beginning in 2005, nonresident aliens who are residents of Japan generally cannot claim the following benefits.

  • An exemption for a spouse or a dependent.

  • Qualifying widow(er) filing status.

  • Single filing status if married, even if they have a child and do not live with their spouse.

However, if you choose to have the old U.S.- Japan treaty apply in its entirety for 2005, you may be able to claim these benefits in 2005. See chapter 5 for a discussion on exemptions and filing statuses.

Source of compensation for labor or personal services. In tax years beginning after July 13, 2005, new rules apply in determining the source of compensation for labor or personal services performed as an employee. If you file your tax returns on a calendar year basis, the new rules apply to your returns for 2006 and later years. Under the new rules, compensation (other than fringe benefits) is sourced on a time basis. Fringe benefits (such as housing and education) are sourced on a geographical basis. For more information, see Regulations section 1.861-4, which is on page 429 of Internal Revenue Bulletin 2005-35 at www.irs.gov/pub/irs-irbs/irb05-35.pdf.

Hurricane tax relief. Emergency tax relief was enacted as a result of Hurricanes Katrina, Rita, and Wilma. The tax benefits provided by this relief include the following.

  • Suspended limits for certain personal casualty losses and cash contributions.

  • An additional exemption amount if you provided housing for a person displaced by Hurricane Katrina.

  • Election to use your 2004 earned income to figure your additional child tax credit.

  • Increased charitable standard mileage rate for using your vehicle for volunteer work related to Hurricane Katrina.

  • Special rules for time and support tests for people who were temporarily relocated because of Hurricanes Katrina, Rita, and Wilma.

  • Special rules for withdrawals and loans from IRAs and other qualified retirement plans.

For more details on these and other tax benefits related to Hurricanes Katrina, Rita, and Wilma, see Publication 4492, Information for Taxpayers Affected by Hurricanes Katrina, Rita, and Wilma.

Domestic production activities deduction. You may be able to deduct up to 3% of your qualified production activities income from certain business activities. See Form 8903 and its instructions.

What's New for 2006

New exception from the filing requirement for nonresident alien individuals. Generally, the requirement to file a return has been eliminated for nonresident aliens who earn wages effectively connected with a U.S. trade or business that are less than the amount of one personal exemption ($3,300 for 2006). For more information, see Notice 2005-77, 2005-46 I.R.B. 951. You can find Notice 2005-77 on page 951 of Internal Revenue Bulletin 2005-46 at www.irs.gov/pub/irs-irbs/irb05-46.pdf.

Personal exemption and itemized deduction phaseouts reduced. The phaseouts of the limitation on personal exemptions and itemized deductions will be reduced by ⅓.

Residential energy credit — new. You may be able to take a residential energy credit for expenses paid in 2006 to have qualified energy saving items installed in your main home.

Alternative motor vehicles. You may be able to take a credit if you place an energy efficient motor vehicle or alternative fuel vehicle refueling property in service in 2006. You can no longer take a deduction for clean-fuel vehicles.

Clean renewable energy bond credit — new. You may be able to take a credit based on the face amount of any clean renewable energy bond you hold during 2006. The amount of any credit claimed must be included as interest income.

Certain credits no longer allowed against alternative minimum tax (AMT). The credit for child and dependent care expenses, credit for the elderly or the disabled, education credits, mortgage interest credit, and carryforwards of the District of Columbia first-time homebuyer credit are no longer allowed against AMT and a new tax liability limit applies. For most people, this limit is your regular tax minus any tentative minimum tax.

AMT exemption amount decreased. The AMT exemption amount will decrease to $33,750 ($45,000 if married filing jointly or a qualifying widow(er); $22,500 if married filing separately).

Educator expense deduction expires. The deduction for educator expenses from AGI will expire. To deduct educator expenses, you must itemize your deductions.

IRA deduction expanded. If you were covered by a retirement plan, you may be able to take an IRA deduction if your 2006 modified AGI is less than $85,000 if married filing jointly or a qualifying widow(er). You and your spouse, if filing jointly, may each be able to deduct up to $5,000 if age 50 or over at the end of 2006.

Reminders

Third party designee. You can check the “Yes” box in the “Third Party Designee” area of your return to authorize the IRS to discuss your return with a friend, family member, or any other person you choose. This allows the IRS to call the person you identified as your designee to answer any questions that may arise during the processing of your return. It also allows your designee to perform certain actions such as asking the IRS for copies of notices or transcripts related to your return. Also, the authorization can be revoked. See your income tax package for details.

Change of address. If you change your mailing address, be sure to notify the Internal Revenue Service using Form 8822, Change of Address. Nonresident aliens who filed Form 1040NR or Form 1040NR-EZ with the Internal Revenue Service Center, Philadelphia, PA 19255, should send the form there. Resident aliens should send the form to the Internal Revenue Service Center for their old address (addresses for the Service Centers are on the back of the form).

Photographs of missing children. The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child.

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