Tax Rules for Resident and Nonresident Aliens

Mark Cussen, CMFC, has 13+ years of experience as a writer and provides financial education to military service members and the public. Mark is an expert in investing, economics, and market news.

Ebony Howard is a certified public accountant and a QuickBooks ProAdvisor tax expert. She has been in the accounting, audit, and tax profession for more than 13 years, working with individuals and a variety of companies in the health care, banking, and accounting industries.

Suzanne is a content marketer, writer, and fact-checker. She holds a Bachelor of Science in Finance degree from Bridgewater State University and helps develop content strategies for financial brands.

Different rules apply for resident and nonresident aliens in the United States compared to citizens when filing taxes. Filers who are not citizens may be exempt from declaring certain types of income, depending on their circumstances.

Key Takeaways

• Resident aliens legally work and live in the U.S. and may owe U.S. tax on all of their income.
• Nonresident aliens don't meet the green card or substantial presence tests.
• A nonresident alien who earns income from U.S. sources must file a return and pay taxes to the IRS.

Resident vs. Nonresident Aliens

The U.S. government has several classifications of residents. A citizen acquires citizenship by birth, acquisition, derivation, or naturalization. Many rights and responsibilities that come with being a citizen include paying taxes. Individuals who reside in the U.S. but are not citizens may be:

• Resident Aliens: These individuals are not U.S. citizens but have green cards allowing them to work in the U.S. or have been in the country for at least 183 days over three years, including the current year.
• Nonresident Aliens: These people are in the U.S. legally but do not have green cards. They might be tourists, students, or other visitors.

Taxation

Taxation of Resident Alien Income

Most resident aliens are taxed on all forms of income received, foreign or domestic. This includes any payments received from a pension from a foreign government. If someone lives in the United States and gets a pension from the Canadian government, they are liable for taxes on that income.

Resident aliens may claim the foreign-earned income exclusion or the foreign tax credit if they qualify. The exclusion prevents double taxation for individuals from a country with a tax treaty with the United States. The credit offsets any income taxes resident aliens pay to another country.

Resident aliens who work for a foreign government in the U.S. may also claim an exemption on their wages. This applies if the U.S. has a reciprocal tax treaty with the government that employs the person.

Taxation of Nonresident Alien Income

Unlike resident aliens, nonresident aliens pay income tax only on income earned in the U.S. or from a U.S. source. They do not have to pay any taxes on foreign-earned income.

A German citizen who owns a business in Germany and another in the U.S. will be taxed only on the income from the latter source. Taxes are not due in the United States on any income derived by the business in Germany. Any investment income realized in the U.S. that is not from a U.S. source is usually taxed at 30% unless otherwise specified by the treaty.

Nonresident aliens must show the sources of income so that the Internal Revenue Service (IRS) can see what income is and isn't tax-exempt.

Residence Test

Resident aliens carry a green card, meet the residence test, or both. The alien taxpayer must reside in the U.S. for at least 31 days during the year and must have been in the U.S. for a total of at least 183 days of the past three years, including the current year.

However, the residence test only counts a day of residence in the U.S. as a full day for this test year. A day of residence only counts as one-third of a day in the previous year and one-sixth of a day in the year before. This means that the total number of days of residence during the previous two years must be divided by three or six before being totaled, and this final total must equal at least 183.

Exceptions

There are some exceptions to the residence test. They effectively exempt a large percentage of legal aliens in the U.S. from having to report taxable income. Below are some of the most common exceptions.

• Commuters from Canada or Mexico to the U.S. to work cannot count commuting days as days of residence.
• Aliens with a tax home in another country during the year and not in the U.S. for 183 days during the year are not required to pay taxes in the U.S.
• Those who reside temporarily within the U.S. as teachers, trainees, students, diplomats, or athletes can claim an exemption for the days spent in the U.S. by filing Form 8843: Statement for Exempt Individuals and Individuals with a Medical Condition.
• Anyone who is unexpectedly detained in the U.S. for medical reasons can claim a medical exemption.
• A treaty with another country may exempt you from being classified as a resident even if an alien otherwise meets the residence test.

Those uncertain about tax status can refer to IRS Publication 519.

Filing Tax Returns

Aliens who receive their green cards during the middle of a tax year file a dual-status tax return because they were nonresident aliens before they got their cards and only became resident aliens afterward. People in this category must include a statement that breaks down all income they received.

Aliens who leave the U.S. for any time must obtain a certificate of compliance that states that they paid their U.S. taxes. Otherwise, a tax return must be filed and paid at the point of departure. They should obtain Form 1040-C: U.S. Departing Alien Income Tax Return to find out what they must report.

Aliens and any U.S. citizens who leave the U.S. and relinquish their citizenship must pay an expatriation tax on all of their income and assets. The taxpayer's assets are assessed for taxation the day before their expatriation.

What Is a Resident Alien for Tax Purposes?

According to the IRS, a resident alien is not a U.S. citizen but meets the green card or substantial presence test during a calendar year. A resident alien meets the green card test if they are a lawful permanent resident. The substantial presence test requires a resident alien to live in the country for 31 days during the current year and 183 days, including the current and previous two years. Resident aliens declare income and file the same forms as citizens.

What Is a Nonresident Alien for Tax Purposes?

A nonresident alien in the United States doesn't pass the green card or substantial presence tests. People are considered nonresident aliens if they are tourists, students, and businesspeople. Unlike resident aliens, nonresident aliens must file taxes on any income generated within the United States. Any foreign-earned income doesn't qualify for taxation in the U.S.

Do Resident Aliens Have to Pay Taxes on Income From Pensions and Investments From Their Home Country?

Resident aliens must declare all worldwide income on their tax forms to the IRS. This includes any pensions from a foreign government and any investment income earned from investments held in another country. They may claim the foreign-earned income exclusion or the foreign tax credit.

The Bottom Line

The rules can be complicated when it comes to the taxation of citizens, but more complex if for resident or nonresident aliens. For more information, individuals can consult IRS Publication 519 or speak with a tax professional to help guide them in the right direction when filing tax returns in the United States.

1. Internal Revenue Service. "Determining an Individual’s Tax Residency Status."
2. Internal Revenue Service. "Nonresident Aliens."
3. Internal Revenue Service. "Topic No. 851, Resident and Nonresident Aliens."
4. Internal Revenue Service. "Foreign Tax Credit."
5. Internal Revenue Service. "Foreign Earned Income Exclusion."
6. Internal Revenue Service. "Employees of Foreign Governments or International Organizations."
7. Internal Revenue Service. "NRA Withholding."
8. Internal Revenue Service. "Taxation of Nonresident Aliens – International Tax Gap Series."
9. Internal Revenue Service. "Substantial Presence Test."
10. Internal Revenue Service. "Determining an Individual’s Tax Residency Status."
11. Internal Revenue Service. "About Publication 519, U.S. Tax Guide for Aliens."
12. Internal Revenue Service. "Determining Alien Tax Status."
13. Internal Revenue Service. "Departing Alien Clearance (Sailing Permit)."
14. Internal Revenue Service. "Expatriation Tax."

The alternative fuels credit, as outlined by the Internal Revenue Code, is a nonrefundable tax credit for non-alcohol alternative fuel users.

A widow(er)'s exemption is one of several forms of state or federal tax relief available to a surviving spouse in the period following their spouse's death.

The federal first-time homebuyer tax credit was ended in 2010 but there are other state and federal programs designed to encourage homeownership.

A gambling loss is a loss resulting from risking money or other stakes on games of chance or wagering events with uncertain outcomes.

The phrase taxation without representation describes a situation when a population is required by law to pay taxes without receiving government representation in return.

• About Us
• Terms of Service
• Dictionary
• Editorial Policy
• Advertise
• News
• Privacy Policy
• Contact Us
• Careers
• EU Privacy

We Care About Your Privacy

We and our 100 partners store and/or access information on a device, such as unique IDs in cookies to process personal data. You may accept or manage your choices by clicking below, including your right to object where legitimate interest is used, or at any time in the privacy policy page. These choices will be signaled to our partners and will not affect browsing data.

We and our partners process data to provide:

Store and/or access information on a device. Use limited data to select advertising. Create profiles for personalised advertising. Use profiles to select personalised advertising. Create profiles to personalise content. Use profiles to select personalised content. Measure advertising performance. Measure content performance. Understand audiences through statistics or combinations of data from different sources. Develop and improve services. Use limited data to select content. List of Partners (vendors)