5 most common questions asked by US Non-Resident Alien

Every year, thousands of nonresident people are employed in the US. Also, thousands more own rental property or earn dividends or interest from the US government. In this post, we are going to mentioned some frequently asked questions by non resident alien. Let's start.

What happen if I fail to file my US tax return?
If you owe taxes but don't file, then the internal revenue system can assess the penalty and interest and can also seize your US bank assets for repayment. Also, penalities and fines can often amount to more than the original tax debt.

Also, applicants for permanent residency green cards are often asked to show their prof of tax filing for previous years. Tax forms for previous years can also be downloaded directly from the IRS official website.

I worked for a short period of time in the last calendar year and didn't earn much. Do I still have to file a tax return?
Yes, you would have to if the total sum of your US source income was less than the personal exemption you are required to file IRS form 1040NR EZ or form 1040 NR. But, if you had any taxes withheld, you must file form 1040 NR EZ or form 1040 NR to get refund of these taxes and you should still file form 8433.

I reached in the US I December and didn't work. Do I still have to file form 8843?
Yes, you have to. If you were in the US for even 1 day in the tax year, you have to file form 8843.

I could not file by the deadline who do I do?
In this case, you can file form 4868 extension of time to file which extends the deadline to file until Aug 15. If you owe any taxes, you must mail your tax payment by April 15.

If you are making a payment, mail form 4848 and payment check to the official address of IRS. Be sure to sign and date forms and keep photo copies for your records.

I am married and have a child who was born in the US, can I claim personal exemptions for my wife and child
NO, YOU CAN NOT! only students and scholars from certain countries can claim exemption for their dependents. Apart from this, all five dependency tests should be met before you can claim any individual as your dependent.

Here is the tests;

Member of household or relationship test: the dependent must be a relative or live in taxpayer's household all year.
Joint return test: the dependent can not file joint return with someone else unless it is solely to claim a refund of tax withheld.
Citizenship test: the dependent must be a US citizen, resident or national or a resident of Korea, Mexico and Canada.
Gross income test: the dependent must have less than $4,200 of gross income unless that person is taxpayer's child and is under age of 19 or a full-time student and under age 24.
Support test: must provide more than half of the total support such as food, shelter, medical, recreation, clothing and education.
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