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State Nm Us Tax

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State Nm Us Tax

State nm us tax Publication 547 - Additional Material Prev  Up  Next   Home   More Online Publications
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Tax Benefits for Education: Information Center

Tax credits, deductions and savings plans can help taxpayers with their expenses for higher education.

  • A tax credit reduces the amount of income tax you may have to pay.
  • A deduction reduces the amount of your income that is subject to tax, thus generally reducing the amount of tax you may have to pay.
  • Certain savings plans allow the accumulated interest to grow tax-free until money is taken out (known as a distribution), or allow the distribution to be tax-free, or both.
  • An exclusion from income means that you won't have to pay income tax on the benefit you're receiving, but you also won't be able to use that same tax-free benefit for a deduction or credit. 
  • Education credits are claimed on Form 8863, Education Credits. For details, see IRS Publication 970, Tax Benefits of Education.
 You can use the IRS’s Interactive Tax Assistant tool to help determine if you’re eligible for educational credits or deductions, including the American opportunity credit, the lifetime learning credit and the tuition and fees deduction.

Credits


American Opportunity Credit

Under the American Recovery and Reinvestment Act (ARRA), more parents and students qualify for a tax credit, the American opportunity credit, to pay for college expenses.

The American opportunity credit originally modified the existing Hope credit for tax years 2009 and 2010. The American opportunity credit was later extended through 2017, making the benefit available to a broader range of taxpayers, including many with higher incomes and those who owe no tax. It also adds required course materials to the list of qualifying expenses and allows the credit to be claimed for four post-secondary education years instead of two. Many of those eligible qualify for the maximum annual credit of $2,500 per student.

The full credit is available to individuals whose modified adjusted gross income is $80,000 or less, or $160,000 or less for married couples filing a joint return. The credit is phased out for taxpayers with incomes above these levels. These income limits are higher than under the the prior Hope and existing lifetime learning credit.

If you have questions about the American opportunity credit, these questions and answers might help. For more information, see American opportunity credit.

Lifetime Learning Credit

The lifetime learning credit helps parents and students pay for post-secondary education.

For the tax year, you may be able to claim a lifetime learning credit of up to $2,000 for qualified education expenses paid for all students enrolled in eligible educational institutions. There is no limit on the number of years the lifetime learning credit can be claimed for each student. However, a taxpayer cannot claim both the American opportunity credit and lifetime learning credits for the same student in one year. Thus, the lifetime learning credit may be particularly helpful to graduate students, students who are only taking one course and those who are not pursuing a degree.

Generally, you can claim the lifetime learning credit if all three of the following requirements are met:

  • You pay qualified education expenses of higher education.
  • You pay the education expenses for an eligible student.
  • The eligible student is either yourself, your spouse or a dependent for whom you claim an exemption on your tax return.

If you’re eligible to claim the lifetime learning credit and are also eligible to claim the American opportunity credit for the same student in the same year, you can choose to claim either credit, but not both.

If you pay qualified education expenses for more than one student in the same year, you can choose to take credits on a per-student, per-year basis. This means that, for example, you can claim the American opportunity credit for one student and the lifetime learning credit for another student in the same year.


Deductions


Tuition and Fees Deduction

You may be able to deduct qualified education expenses paid during the year for yourself, your spouse or your dependent. You cannot claim this deduction if your filing status is married filing separately or if another person can claim an exemption for you as a dependent on his or her tax return. The qualified expenses must be for higher education.

The tuition and fees deduction can reduce the amount of your income subject to tax by up to $4,000. This deduction, reported on Form 8917, Tuition and Fees Deduction, is taken as an adjustment to income. This means you can claim this deduction even if you do not itemize deductions on Schedule A (Form 1040). This deduction may be beneficial to you if, for example, you cannot take the lifetime learning credit because your income is too high.

You may be able to take one of the education credits for your education expenses instead of a tuition and fees deduction. You can choose the one that will give you the lower tax.

Generally, you can claim the tuition and fees deduction if all three of the following requirements are met:

  • You pay qualified education expenses of higher education.
  • You pay the education expenses for an eligible student.
  • The eligible student is yourself, your spouse, or your dependent for whom you claim an exemption on your tax return.

You cannot claim the tuition and fees deduction if any of the following apply:

  • Your filing status is married filing separately.

  • Another person can claim an exemption for you as a dependent on his or her tax return. You cannot take the deduction even if the other person does not actually claim that exemption.

  • Your modified adjusted gross income (MAGI) is more than $80,000 ($160,000 if filing a joint return).

  • You were a nonresident alien for any part of the year and did not elect to be treated as a resident alien for tax purposes. More information on nonresident aliens can be found in Publication 519, U.S. Tax Guide for Aliens.

  • You or anyone else claims an education credit for expenses of the student for whom the qualified education expenses were paid.

Student-activity fees and expenses for course-related books, supplies and equipment are included in qualified education expenses only if the fees and expenses must be paid to the institution as a condition of enrollment or attendance.

Student Loan Interest Deduction

Generally, personal interest you pay, other than certain mortgage interest, is not deductible on your tax return. However, if your modified adjusted gross income (MAGI) is less than $75,000 ($150,000 if filing a joint return), there is a special deduction allowed for paying interest on a student loan (also known as an education loan) used for higher education. Student loan interest is interest you paid during the year on a qualified student loan. It includes both required and voluntary interest payments.

For most taxpayers, MAGI is the adjusted gross income as figured on their federal income tax return before subtracting any deduction for student loan interest. This deduction can reduce the amount of your income subject to tax by up to $2,500.

The student loan interest deduction is taken as an adjustment to income. This means you can claim this deduction even if you do not itemize deductions on Form 1040's Schedule A.

Qualified Student Loan

This is a loan you took out solely to pay qualified education expenses (defined later) that were:

  • For you, your spouse, or a person who was your dependent when you took out the loan.
  • Paid or incurred within a reasonable period of time before or after you took out the loan.
  • For education provided during an academic period for an eligible student.

Loans from the following sources are not qualified student loans:

  • A related person.
  • A qualified employer plan.

Qualified Education Expenses

For purposes of the student loan interest deduction, these expenses are the total costs of attending an eligible educational institution, including graduate school. They include amounts paid for the following items:

  • Tuition and fees.
  • Room and board.
  • Books, supplies and equipment.
  • Other necessary expenses (such as transportation).

The cost of room and board qualifies only to the extent that it is not more than the greater of:

  • The allowance for room and board, as determined by the eligible educational institution, that was included in the cost of attendance (for federal financial aid purposes) for a particular academic period and living arrangement of the student, or
  • The actual amount charged if the student is residing in housing owned or operated by the eligible educational institution.

Business Deduction for Work-Related Education


If you are an employee and can itemize your deductions, you may be able to claim a deduction for the expenses you pay for your work-related education. Your deduction will be the amount by which your qualifying work-related education expenses plus other job and certain miscellaneous expenses is greater than 2% of your adjusted gross income. An itemized deduction may reduce the amount of your income subject to tax.

If you are self-employed, you deduct your expenses for qualifying work-related education directly from your self-employment income. This may reduce the amount of your income subject to both income tax and self-employment tax.

Your work-related education expenses may also qualify you for other tax benefits, such as the tuition and fees deduction and the lifetime learning credit. You may qualify for these other benefits even if you do not meet the requirements listed above.

To claim a business deduction for work-related education, you must:

  • Be working.
  • Itemize your deductions on Schedule A (Form 1040 or 1040NR) if you are an employee.
  • File Schedule C (Form 1040), Schedule C-EZ (Form 1040), or Schedule F (Form 1040) if you are self-employed.
  • Have expenses for education that meet the requirements discussed under Qualifying Work-Related Education, below.

Qualifying Work-Related Education

You can deduct the costs of qualifying work-related education as business expenses. This is education that meets at least one of the following two tests:

  • The education is required by your employer or the law to keep your present salary, status or job. The required education must serve a bona fide business purpose of your employer.
  • The education maintains or improves skills needed in your present work.

However, even if the education meets one or both of the above tests, it is not qualifying work-related education if it:

  • Is needed to meet the minimum educational requirements of your present trade or business or
  • Is part of a program of study that will qualify you for a new trade or business.

You can deduct the costs of qualifying work-related education as a business expense even if the education could lead to a degree.

Education Required by Employer or by Law

Education you need to meet the minimum educational requirements for your present trade or business is not qualifying work-related education. Once you have met the minimum educational requirements for your job, your employer or the law may require you to get more education. This additional education is qualifying work-related education if all three of the following requirements are met.

  • It is required for you to keep your present salary, status or job.
  • The requirement serves a business purpose of your employer.
  • The education is not part of a program that will qualify you for a new trade or business.

When you get more education than your employer or the law requires, the additional education can be qualifying work-related education only if it maintains or improves skills required in your present work.

Education to Maintain or Improve Skills

If your education is not required by your employer or the law, it can be qualifying work-related education only if it maintains or improves skills needed in your present work. This could include refresher courses, courses on current developments and academic or vocational courses.


Savings Plans


529 Plans

States sponsor 529 plans — qualified tuition programs authorized under section 529 of the Internal Revenue Code — that allow taxpayers to either prepay or contribute to an account for paying a student's qualified higher education expenses. Similarly, colleges and groups of colleges sponsor 529 plans that allow them to prepay a student's qualified education expenses. These 529 plans have, in recent years, become a popular way for parents and other family members to save for a child’s college education. Though contributions to 529 plans are not deductible, there is also no income limit for contributors.

529 plan distributions are tax-free as long as they are used to pay qualified higher education expenses for a designated beneficiary. Qualified expenses include tuition, required fees, books and supplies. For someone who is at least a half-time student, room and board also qualify.

For 2009 and 2010, an ARRA change to tax-free college savings plans and prepaid tuition programs added to this list expenses for computer technology and equipment or Internet access and related services to be used by the student while enrolled at an eligible educational institution. Software designed for sports, games or hobbies does not qualify, unless it is predominantly educational in nature. In general, expenses for computer technology are not qualified expenses for the American opportunity credit, lifetime learning credit or tuition and fees deduction.

Coverdell Education Savings Account

This account was created as an incentive to help parents and students save for education expenses. Unlike a 529 plan, a Coverdell ESA can be used to pay a student’s eligible k-12 expenses, as well as post-secondary expenses. On the other hand, income limits apply to contributors, and  the total contributions for the beneficiary of this account cannot be more than $2,000 in any year, no matter how many accounts have been established. A beneficiary is someone who is under age 18 or is a special needs beneficiary.

Contributions to a Coverdell ESA are not deductible, but amounts deposited in the account grow tax free until distributed. The beneficiary will not owe tax on the distributions if they are less than a beneficiary’s qualified education expenses at an eligible institution. This benefit applies to qualified higher education expenses as well as to qualified elementary and secondary education expenses.

Here are some things to remember about distributions from Coverdell accounts:

  • Distributions are tax-free as long as they are used for qualified education expenses, such as tuition and fees, required books, supplies and equipment and qualified expenses for room and board.

  • There is no tax on distributions if they are for enrollment or attendance at an eligible educational institution. This includes any public, private or religious school that provides elementary or secondary education as determined under state law. Virtually all accredited public, nonprofit and proprietary (privately owned profit-making) post-secondary institutions are eligible.

  • Education tax credits can be claimed in the same year the beneficiary takes a tax-free distribution from a Coverdell ESA, as long as the same expenses are not used for both benefits.

  • If the distribution exceeds qualified education expenses, a portion will be taxable to the beneficiary and will usually be subject to an additional 10% tax. Exceptions to the additional 10% tax include the death or disability of the beneficiary or if the beneficiary receives a qualified scholarship.

For more information, see Tax Tip 2008-59, Coverdell Education Savings Accounts.


Scholarships and Fellowships


A scholarship is generally an amount paid or allowed to, or for the benefit of, a student at an educational institution to aid in the pursuit of studies. The student may be either an undergraduate or a graduate. A fellowship is generally an amount paid for the benefit of an individual to aid in the pursuit of study or research. Generally, whether the amount is tax free or taxable depends on the expense paid with the amount and whether you are a degree candidate.

A scholarship or fellowship is tax free only if you meet the following conditions:

  • You are a candidate for a degree at an eligible educational institution.
  • You use the scholarship or fellowship to pay qualified education expenses.

Qualified Education Expenses

For purposes of tax-free scholarships and fellowships, these are expenses for:

  • Tuition and fees required to enroll at or attend an eligible educational institution.
  • Course-related expenses, such as fees, books, supplies, and equipment that are required for the courses at the eligible educational institution. These items must be required of all students in your course of instruction.

However, in order for these to be qualified education expenses, the terms of the scholarship or fellowship cannot require that it be used for other purposes, such as room and board, or specify that it cannot be used for tuition or course-related expenses. 

Expenses that Don’t Qualify

Qualified education expenses do not include the cost of:

  • Room and board.
  • Travel.
  • Research.
  • Clerical help.
  • Equipment and other expenses that are not required for enrollment in or attendance at an eligible educational institution.

This is true even if the fee must be paid to the institution as a condition of enrollment or attendance. Scholarship or fellowship amounts used to pay these costs are taxable.

For more information, see Pub. 970.


Exclusions from Income


You may exclude certain educational assistance benefits from your income. That means that you won’t have to pay any tax on them. However, it also means that you can’t use any of the tax-free education expenses as the basis for any other deduction or credit, including the lifetime learning credit.

Employer-Provided Educational Assistance


If you receive educational assistance benefits from your employer under an educational assistance program, you can exclude up to $5,250 of those benefits each year. This means your employer should not include the benefits with your wages, tips, and other compensation shown in box 1 of your Form W-2.

Educational Assistance Program

To qualify as an educational assistance program, the plan must be written and must meet certain other requirements. Your employer can tell you whether there is a qualified program where you work.

Educational Assistance Benefits

Tax-free educational assistance benefits include payments for tuition, fees and similar expenses, books, supplies, and equipment. The payments may be for either undergraduate- or graduate-level courses. The payments do not have to be for work-related courses. Educational assistance benefits do not include payments for the following items.

  • Meals, lodging, or transportation.
  • Tools or supplies (other than textbooks) that you can keep after completing the course of instruction.
  • Courses involving sports, games, or hobbies unless they:
    • Have a reasonable relationship to the business of your employer, or
    • Are required as part of a degree program.

Benefits over $5,250

If your employer pays more than $5,250 for educational benefits for you during the year, you must generally pay tax on the amount over $5,250. Your employer should include in your wages (Form W-2, box 1) the amount that you must include in income.

Working Condition Fringe Benefit 

However, if the benefits over $5,250 also qualify as a working condition fringe benefit, your employer does not have to include them in your wages. A working condition fringe benefit is a benefit which, had you paid for it, you could deduct as an employee business expense. For more information on working condition fringe benefits, see Working Condition Benefits in chapter 2 of Publication 15-B, Employer's Tax Guide to Fringe Benefits.


Related Items:

 

Page Last Reviewed or Updated: 24-Jan-2014

The State Nm Us Tax

State nm us tax Publication 519 - Additional Material Table of Contents Appendix A—Tax Treaty Exemption Procedure for StudentsBelgium Bulgaria China, People's Republic of Cyprus Czech Republic, Estonia, Latvia, Lithuania, and Slovak Republic Egypt France Germany Iceland Indonesia Israel, Philippines and Thailand Korea, Norway, Poland, and Romania Morocco Netherlands Pakistan Portugal and Spain Slovenia and Venezuela Trinidad and Tobago Tunisia Appendix B—Tax Treaty Exemption Procedure for Teachers and ResearchersBelgium Bulgaria China, People's Republic of Commonwealth of Independent States Czech Republic and Slovak Republic Egypt, Hungary, Korea, Philippines, Poland, and Romania France Germany Greece India Indonesia Israel Italy Jamaica Luxembourg Netherlands Norway Pakistan Portugal Slovenia and Venezuela Thailand Trinidad and Tobago United Kingdom Frequently Asked Questions This section answers tax-related questions commonly asked by aliens. State nm us tax . State nm us tax What is the difference between a resident alien and a nonresident alien for tax purposes? . State nm us tax What is the difference between the taxation of income that is effectively connected with a trade or business in the United States and income that is not effectively connected with a trade or business in the United States? . State nm us tax I am a student with an F-1 Visa. State nm us tax I was told that I was an exempt individual. State nm us tax Does this mean I am exempt from paying U. State nm us tax S. State nm us tax tax? . State nm us tax I am a resident alien. State nm us tax Can I claim any treaty benefits? . State nm us tax I am a nonresident alien with no dependents. State nm us tax I am working temporarily for a U. State nm us tax S. State nm us tax company. State nm us tax What return do I file? . State nm us tax I came to the United States on June 30th of last year. State nm us tax I have an H-1B Visa. State nm us tax What is my tax status, resident alien or nonresident alien? What tax return do I file? . State nm us tax When is my Form 1040NR due? . State nm us tax My spouse is a nonresident alien. State nm us tax Does he need a social security number? . State nm us tax I am a nonresident alien. State nm us tax Can I file a joint return with my spouse? . State nm us tax I have an H-1B Visa and my husband has an F-1 Visa. State nm us tax We both lived in the United States all of last year and had income. State nm us tax What kind of form should we file? Do we file separate returns or a joint return? . State nm us tax Is a dual-resident taxpayer the same as a dual-status taxpayer? . State nm us tax I am a nonresident alien and invested money in the U. State nm us tax S. State nm us tax stock market through a U. State nm us tax S. State nm us tax brokerage company. State nm us tax Are the dividends and the capital gains taxable? If yes, how are they taxed? . State nm us tax I am a nonresident alien. State nm us tax I receive U. State nm us tax S. State nm us tax social security benefits. State nm us tax Are my benefits taxable? . State nm us tax Do I have to pay taxes on my scholarship? . State nm us tax I am a nonresident alien. State nm us tax Can I claim the standard deduction? . State nm us tax I am a dual-status taxpayer. State nm us tax Can I claim the standard deduction? . State nm us tax I am filing Form 1040NR. State nm us tax Can I claim itemized deductions? . State nm us tax I am not a U. State nm us tax S. State nm us tax citizen. State nm us tax What exemptions can I claim? . State nm us tax What exemptions can I claim as a dual-status taxpayer? . State nm us tax I am single with a dependent child. State nm us tax I was a dual-status alien in 2013. State nm us tax Can I claim the earned income credit on my 2013 tax return? . State nm us tax I am a nonresident alien student. State nm us tax Can I claim an education credit on my Form 1040NR? . State nm us tax I am a nonresident alien, temporarily working in the U. State nm us tax S. State nm us tax under a J visa. State nm us tax Am I subject to social security and Medicare taxes? . State nm us tax I am a nonresident alien student. State nm us tax Social security taxes were withheld from my pay in error. State nm us tax How do I get a refund of these taxes? . State nm us tax I am an alien who will be leaving the United States. State nm us tax What forms do I have to file before I leave? . State nm us tax I filed a Form 1040-C when I left the United States. State nm us tax Do I still have to file an annual U. State nm us tax S. State nm us tax tax return? . State nm us tax What is the difference between a resident alien and a nonresident alien for tax purposes? For tax purposes, an alien is an individual who is not a U. State nm us tax S. State nm us tax citizen. State nm us tax Aliens are classified as resident aliens and nonresident aliens. State nm us tax Resident aliens are taxed on their worldwide income, the same as U. State nm us tax S. State nm us tax citizens. State nm us tax Nonresident aliens are taxed only on their U. State nm us tax S. State nm us tax source income and certain foreign source income that is effectively connected with a U. State nm us tax S. State nm us tax trade or business. State nm us tax The difference between these two categories is that effectively connected income, after allowable deductions, is taxed at graduated rates. State nm us tax These are the same rates that apply to U. State nm us tax S. State nm us tax citizens and residents. State nm us tax Income that is not effectively connected is taxed at a flat 30% (or lower treaty) rate. State nm us tax The term “exempt individual” does not refer to someone exempt from U. State nm us tax S. State nm us tax tax. State nm us tax You were referred to as an exempt individual because as a student temporarily in the United States on an F Visa, you do not have to count the days you were present in the United States as a student during the first 5 years in determining if you are a resident alien under the substantial presence test. State nm us tax See chapter 1 . State nm us tax Generally, you cannot claim tax treaty benefits as a resident alien. State nm us tax However, there are exceptions. State nm us tax See Effect of Tax Treaties in chapter 1. State nm us tax See also Resident Aliens under Some Typical Tax Treaty Benefits in chapter 9. State nm us tax You must file Form 1040NR if you are engaged in a trade or business in the United States, or have any other U. State nm us tax S. State nm us tax source income on which tax was not fully paid by the amount withheld. State nm us tax You can use Form 1040NR-EZ instead of Form 1040NR if you meet all 11 conditions listed under Form 1040NR-EZ in chapter 7. State nm us tax You were a dual-status alien last year. State nm us tax As a general rule, because you were in the United States for 183 days or more, you have met the substantial presence test and you are taxed as a resident. State nm us tax However, for the part of the year that you were not present in the United States, you are a nonresident. State nm us tax File Form 1040. State nm us tax Print “Dual-Status Return” across the top. State nm us tax Attach a statement showing your U. State nm us tax S. State nm us tax source income for the part of the year you were a nonresident. State nm us tax You may use Form 1040NR as the statement. State nm us tax Print “Dual-Status Statement” across the top. State nm us tax See First Year of Residency in chapter 1 for rules on determining your residency starting date. State nm us tax If you are an employee and you receive wages subject to U. State nm us tax S. State nm us tax income tax withholding, you must generally file by the 15th day of the 4th month after your tax year ends. State nm us tax If you file for the 2013 calendar year, your return is due April 15, 2014. State nm us tax If you are not an employee who receives wages subject to U. State nm us tax S. State nm us tax income tax withholding, you must file by the 15th day of the 6th month after your tax year ends. State nm us tax For the 2013 calendar year, file your return by June 16, 2014. State nm us tax For more information on when and where to file, see chapter 7 . State nm us tax A social security number (SSN) must be furnished on returns, statements, and other tax-related documents. State nm us tax If your spouse does not have and is not eligible to get an SSN, he must apply for an individual taxpayer identification number (ITIN). State nm us tax If you are a U. State nm us tax S. State nm us tax citizen or resident and you choose to treat your nonresident spouse as a resident and file a joint tax return, your nonresident spouse needs an SSN or an ITIN. State nm us tax Alien spouses who are claimed as exemptions or dependents are also required to furnish an SSN or an ITIN. State nm us tax See Identification Number in chapter 5 for more information. State nm us tax Generally, you cannot file as married filing jointly if either spouse was a nonresident alien at any time during the tax year. State nm us tax However, nonresident aliens married to U. State nm us tax S. State nm us tax citizens or residents can choose to be treated as U. State nm us tax S. State nm us tax residents and file joint returns. State nm us tax For more information on this choice, see Nonresident Spouse Treated as a Resident in chapter 1. State nm us tax Assuming both of you had these visas for all of last year, you are a resident alien. State nm us tax Your husband is a nonresident alien if he has not been in the United States as a student for more than 5 years. State nm us tax You and your husband can file a joint tax return on Form 1040, 1040A, or 1040EZ if he makes the choice to be treated as a resident for the entire year. State nm us tax See Nonresident Spouse Treated as a Resident in chapter 1. State nm us tax If your husband does not make this choice, you must file a separate return on Form 1040 or Form 1040A. State nm us tax Your husband must file Form 1040NR or 1040NR-EZ. State nm us tax No. State nm us tax A dual-resident taxpayer is one who is a resident of both the United States and another country under each country's tax laws. State nm us tax See Effect of Tax Treaties in chapter 1. State nm us tax You are a dual-status taxpayer when you are both a resident alien and a nonresident alien in the same year. State nm us tax See chapter 6 . State nm us tax The following rules apply if the dividends and capital gains are not effectively connected with a U. State nm us tax S. State nm us tax trade or business. State nm us tax Capital gains are generally not taxable if you were in the United States for less than 183 days during the year. State nm us tax See Sales or Exchanges of Capital Assets in chapter 4 for more information and exceptions. State nm us tax Dividends are generally taxed at a 30% (or lower treaty) rate. State nm us tax The brokerage company or payor of the dividends should withhold this tax at source. State nm us tax If tax is not withheld at the correct rate, you must file Form 1040NR to receive a refund or pay any additional tax due. State nm us tax If the capital gains and dividends are effectively connected with a U. State nm us tax S. State nm us tax trade or business, they are taxed according to the same rules and at the same rates that apply to U. State nm us tax S. State nm us tax citizens and residents. State nm us tax If you are a nonresident alien, 85% of any U. State nm us tax S. State nm us tax 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. State nm us tax See The 30% Tax in chapter 4. State nm us tax If you are a nonresident alien and the scholarship is not from U. State nm us tax S. State nm us tax sources, it is not subject to U. State nm us tax S. State nm us tax tax. State nm us tax See Scholarships, Grants, Prizes, and Awards in chapter 2 to determine whether your scholarship is from U. State nm us tax S. State nm us tax sources. State nm us tax If your scholarship is from U. State nm us tax S. State nm us tax sources or you are a resident alien, your scholarship is subject to U. State nm us tax S. State nm us tax tax according to the following rules. State nm us tax If you are a candidate for a degree, you may be able to exclude from your income the part of the scholarship you use to pay for tuition, fees, books, supplies, and equipment required by the educational institution. State nm us tax However, the part of the scholarship you use to pay for other expenses, such as room and board, is taxable. State nm us tax See Scholarships and Fellowship Grants in chapter 3 for more information. State nm us tax If you are not a candidate for a degree, your scholarship is taxable. State nm us tax Nonresident aliens cannot claim the standard deduction. State nm us tax However, see Students and business apprentices from India , under Itemized Deductions in chapter 5 for an exception. State nm us tax You cannot claim the standard deduction allowed on Form 1040. State nm us tax However, you can itemize any allowable deductions. State nm us tax Nonresident aliens can claim some of the same itemized deductions that resident aliens can claim. State nm us tax However, nonresident aliens can claim itemized deductions only if they have income effectively connected with their U. State nm us tax S. State nm us tax trade or business. State nm us tax See Itemized Deductions in chapter 5. State nm us tax Resident aliens can claim personal exemptions and exemptions for dependents in the same way as U. State nm us tax S. State nm us tax citizens. State nm us tax However, nonresident aliens generally can claim only a personal exemption for themselves on their U. State nm us tax S. State nm us tax tax return. State nm us tax There are special rules for residents of Mexico, Canada, and South Korea; for U. State nm us tax S. State nm us tax nationals; and for students and business apprentices from India. State nm us tax See Exemptions in chapter 5. State nm us tax As a dual-status taxpayer, you usually will be able to claim your own personal exemption. State nm us tax Subject to the general rules for qualification, you can claim exemptions for your spouse and dependents when you figure taxable income for the part of the year you are a resident alien. State nm us tax The amount you can claim for these exemptions is limited to your taxable income (figured before subtracting exemptions) for the part of the year you are a resident alien. State nm us tax You cannot use exemptions (other than your own) to reduce taxable income to less than zero for that period. State nm us tax If you are a nonresident alien for any part of the year, you cannot claim the earned income credit. State nm us tax See chapter 6 for more information on dual-status aliens. State nm us tax If you are a nonresident alien for any part of the year, you generally cannot claim the education credits. State nm us tax However, if you are married and choose to file a joint return with a U. State nm us tax S. State nm us tax citizen or resident spouse, you may be eligible for these credits. State nm us tax See Nonresident Spouse Treated as a Resident in chapter 1. State nm us tax Generally, services you perform as a nonresident alien temporarily in the United States as a nonimmigrant under subparagraph (F), (J), (M), or (Q) of section 101(a)(15) of the Immigration and Nationality Act are not covered under the social security program if you perform the services to carry out the purpose for which you were admitted to the United States. State nm us tax See Social Security and Medicare Taxes in chapter 8. State nm us tax If social security or Medicare taxes were withheld in error from pay that is not subject to these taxes, contact the employer who withheld the taxes for a refund. State nm us tax If you are unable to get a full refund of the amount from your employer, file a claim for refund with the Internal Revenue Service on Form 843, Claim for Refund and Request for Abatement. State nm us tax Do not use Form 843 to request a refund of Additional Medicare Tax. State nm us tax See Refund of Taxes Withheld in Error in chapter 8. State nm us tax Before leaving the United States, aliens generally must obtain a certificate of compliance. State nm us tax This document, also popularly known as the sailing permit or departure permit, is part of the income tax form you must file before leaving. State nm us tax You will receive a sailing or departure permit after filing a Form 1040-C or Form 2063. State nm us tax These forms are discussed in chapter 11. State nm us tax Form 1040-C is not an annual U. State nm us tax S. State nm us tax income tax return. State nm us tax If an income tax return is required by law, you must file that return even though you already filed a Form 1040-C. State nm us tax Chapters 5 and 7 discuss filing an annual U. State nm us tax S. State nm us tax income tax return. State nm us tax . State nm us tax What is the difference between the taxation of income that is effectively connected with a trade or business in the United States and income that is not effectively connected with a trade or business in the United States? The difference between these two categories is that effectively connected income, after allowable deductions, is taxed at graduated rates. State nm us tax These are the same rates that apply to U. State nm us tax S. State nm us tax citizens and residents. State nm us tax Income that is not effectively connected is taxed at a flat 30% (or lower treaty) rate. State nm us tax The term “exempt individual” does not refer to someone exempt from U. State nm us tax S. State nm us tax tax. State nm us tax You were referred to as an exempt individual because as a student temporarily in the United States on an F Visa, you do not have to count the days you were present in the United States as a student during the first 5 years in determining if you are a resident alien under the substantial presence test. State nm us tax See chapter 1 . State nm us tax Generally, you cannot claim tax treaty benefits as a resident alien. State nm us tax However, there are exceptions. State nm us tax See Effect of Tax Treaties in chapter 1. State nm us tax See also Resident Aliens under Some Typical Tax Treaty Benefits in chapter 9. State nm us tax You must file Form 1040NR if you are engaged in a trade or business in the United States, or have any other U. State nm us tax S. State nm us tax source income on which tax was not fully paid by the amount withheld. State nm us tax You can use Form 1040NR-EZ instead of Form 1040NR if you meet all 11 conditions listed under Form 1040NR-EZ in chapter 7. State nm us tax You were a dual-status alien last year. State nm us tax As a general rule, because you were in the United States for 183 days or more, you have met the substantial presence test and you are taxed as a resident. State nm us tax However, for the part of the year that you were not present in the United States, you are a nonresident. State nm us tax File Form 1040. State nm us tax Print “Dual-Status Return” across the top. State nm us tax Attach a statement showing your U. State nm us tax S. State nm us tax source income for the part of the year you were a nonresident. State nm us tax You may use Form 1040NR as the statement. State nm us tax Print “Dual-Status Statement” across the top. State nm us tax See First Year of Residency in chapter 1 for rules on determining your residency starting date. State nm us tax If you are an employee and you receive wages subject to U. State nm us tax S. State nm us tax income tax withholding, you must generally file by the 15th day of the 4th month after your tax year ends. State nm us tax If you file for the 2013 calendar year, your return is due April 15, 2014. State nm us tax If you are not an employee who receives wages subject to U. State nm us tax S. State nm us tax income tax withholding, you must file by the 15th day of the 6th month after your tax year ends. State nm us tax For the 2013 calendar year, file your return by June 16, 2014. State nm us tax For more information on when and where to file, see chapter 7 . State nm us tax A social security number (SSN) must be furnished on returns, statements, and other tax-related documents. State nm us tax If your spouse does not have and is not eligible to get an SSN, he must apply for an individual taxpayer identification number (ITIN). State nm us tax If you are a U. State nm us tax S. State nm us tax citizen or resident and you choose to treat your nonresident spouse as a resident and file a joint tax return, your nonresident spouse needs an SSN or an ITIN. State nm us tax Alien spouses who are claimed as exemptions or dependents are also required to furnish an SSN or an ITIN. State nm us tax See Identification Number in chapter 5 for more information. State nm us tax Generally, you cannot file as married filing jointly if either spouse was a nonresident alien at any time during the tax year. State nm us tax However, nonresident aliens married to U. State nm us tax S. State nm us tax citizens or residents can choose to be treated as U. State nm us tax S. State nm us tax residents and file joint returns. State nm us tax For more information on this choice, see Nonresident Spouse Treated as a Resident in chapter 1. State nm us tax Assuming both of you had these visas for all of last year, you are a resident alien. State nm us tax Your husband is a nonresident alien if he has not been in the United States as a student for more than 5 years. State nm us tax You and your husband can file a joint tax return on Form 1040, 1040A, or 1040EZ if he makes the choice to be treated as a resident for the entire year. State nm us tax See Nonresident Spouse Treated as a Resident in chapter 1. State nm us tax If your husband does not make this choice, you must file a separate return on Form 1040 or Form 1040A. State nm us tax Your husband must file Form 1040NR or 1040NR-EZ. State nm us tax No. State nm us tax A dual-resident taxpayer is one who is a resident of both the United States and another country under each country's tax laws. State nm us tax See Effect of Tax Treaties in chapter 1. State nm us tax You are a dual-status taxpayer when you are both a resident alien and a nonresident alien in the same year. State nm us tax See chapter 6 . State nm us tax The following rules apply if the dividends and capital gains are not effectively connected with a U. State nm us tax S. State nm us tax trade or business. State nm us tax Capital gains are generally not taxable if you were in the United States for less than 183 days during the year. State nm us tax See Sales or Exchanges of Capital Assets in chapter 4 for more information and exceptions. State nm us tax Dividends are generally taxed at a 30% (or lower treaty) rate. State nm us tax The brokerage company or payor of the dividends should withhold this tax at source. State nm us tax If tax is not withheld at the correct rate, you must file Form 1040NR to receive a refund or pay any additional tax due. State nm us tax If the capital gains and dividends are effectively connected with a U. State nm us tax S. State nm us tax trade or business, they are taxed according to the same rules and at the same rates that apply to U. State nm us tax S. State nm us tax citizens and residents. State nm us tax If you are a nonresident alien, 85% of any U. State nm us tax S. State nm us tax 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. State nm us tax See The 30% Tax in chapter 4. State nm us tax If you are a nonresident alien and the scholarship is not from U. State nm us tax S. State nm us tax sources, it is not subject to U. State nm us tax S. State nm us tax tax. State nm us tax See Scholarships, Grants, Prizes, and Awards in chapter 2 to determine whether your scholarship is from U. State nm us tax S. State nm us tax sources. State nm us tax If your scholarship is from U. State nm us tax S. State nm us tax sources or you are a resident alien, your scholarship is subject to U. State nm us tax S. State nm us tax tax according to the following rules. State nm us tax If you are a candidate for a degree, you may be able to exclude from your income the part of the scholarship you use to pay for tuition, fees, books, supplies, and equipment required by the educational institution. State nm us tax However, the part of the scholarship you use to pay for other expenses, such as room and board, is taxable. State nm us tax See Scholarships and Fellowship Grants in chapter 3 for more information. State nm us tax If you are not a candidate for a degree, your scholarship is taxable. State nm us tax Nonresident aliens cannot claim the standard deduction. State nm us tax However, see Students and business apprentices from India , under Itemized Deductions in chapter 5 for an exception. State nm us tax You cannot claim the standard deduction allowed on Form 1040. State nm us tax However, you can itemize any allowable deductions. State nm us tax Nonresident aliens can claim some of the same itemized deductions that resident aliens can claim. State nm us tax However, nonresident aliens can claim itemized deductions only if they have income effectively connected with their U. State nm us tax S. State nm us tax trade or business. State nm us tax See Itemized Deductions in chapter 5. State nm us tax Resident aliens can claim personal exemptions and exemptions for dependents in the same way as U. State nm us tax S. State nm us tax citizens. State nm us tax However, nonresident aliens generally can claim only a personal exemption for themselves on their U. State nm us tax S. State nm us tax tax return. State nm us tax There are special rules for residents of Mexico, Canada, and South Korea; for U. State nm us tax S. State nm us tax nationals; and for students and business apprentices from India. State nm us tax See Exemptions in chapter 5. State nm us tax As a dual-status taxpayer, you usually will be able to claim your own personal exemption. State nm us tax Subject to the general rules for qualification, you can claim exemptions for your spouse and dependents when you figure taxable income for the part of the year you are a resident alien. State nm us tax The amount you can claim for these exemptions is limited to your taxable income (figured before subtracting exemptions) for the part of the year you are a resident alien. State nm us tax You cannot use exemptions (other than your own) to reduce taxable income to less than zero for that period. State nm us tax If you are a nonresident alien for any part of the year, you cannot claim the earned income credit. State nm us tax See chapter 6 for more information on dual-status aliens. State nm us tax If you are a nonresident alien for any part of the year, you generally cannot claim the education credits. State nm us tax However, if you are married and choose to file a joint return with a U. State nm us tax S. State nm us tax citizen or resident spouse, you may be eligible for these credits. State nm us tax See Nonresident Spouse Treated as a Resident in chapter 1. State nm us tax Generally, services you perform as a nonresident alien temporarily in the United States as a nonimmigrant under subparagraph (F), (J), (M), or (Q) of section 101(a)(15) of the Immigration and Nationality Act are not covered under the social security program if you perform the services to carry out the purpose for which you were admitted to the United States. State nm us tax See Social Security and Medicare Taxes in chapter 8. State nm us tax If social security or Medicare taxes were withheld in error from pay that is not subject to these taxes, contact the employer who withheld the taxes for a refund. State nm us tax If you are unable to get a full refund of the amount from your employer, file a claim for refund with the Internal Revenue Service on Form 843, Claim for Refund and Request for Abatement. State nm us tax Do not use Form 843 to request a refund of Additional Medicare Tax. State nm us tax See Refund of Taxes Withheld in Error in chapter 8. State nm us tax Before leaving the United States, aliens generally must obtain a certificate of compliance. State nm us tax This document, also popularly known as the sailing permit or departure permit, is part of the income tax form you must file before leaving. State nm us tax You will receive a sailing or departure permit after filing a Form 1040-C or Form 2063. State nm us tax These forms are discussed in chapter 11. State nm us tax Form 1040-C is not an annual U. State nm us tax S. State nm us tax income tax return. State nm us tax If an income tax return is required by law, you must file that return even though you already filed a Form 1040-C. State nm us tax Chapters 5 and 7 discuss filing an annual U. State nm us tax S. State nm us tax income tax return. State nm us tax . State nm us tax I am a student with an F-1 Visa. State nm us tax I was told that I was an exempt individual. State nm us tax Does this mean I am exempt from paying U. State nm us tax S. State nm us tax tax? The term “exempt individual” does not refer to someone exempt from U. State nm us tax S. State nm us tax tax. State nm us tax You were referred to as an exempt individual because as a student temporarily in the United States on an F Visa, you do not have to count the days you were present in the United States as a student during the first 5 years in determining if you are a resident alien under the substantial presence test. State nm us tax See chapter 1 . State nm us tax Generally, you cannot claim tax treaty benefits as a resident alien. State nm us tax However, there are exceptions. State nm us tax See Effect of Tax Treaties in chapter 1. State nm us tax See also Resident Aliens under Some Typical Tax Treaty Benefits in chapter 9. State nm us tax You must file Form 1040NR if you are engaged in a trade or business in the United States, or have any other U. State nm us tax S. State nm us tax source income on which tax was not fully paid by the amount withheld. State nm us tax You can use Form 1040NR-EZ instead of Form 1040NR if you meet all 11 conditions listed under Form 1040NR-EZ in chapter 7. State nm us tax You were a dual-status alien last year. State nm us tax As a general rule, because you were in the United States for 183 days or more, you have met the substantial presence test and you are taxed as a resident. State nm us tax However, for the part of the year that you were not present in the United States, you are a nonresident. State nm us tax File Form 1040. State nm us tax Print “Dual-Status Return” across the top. State nm us tax Attach a statement showing your U. State nm us tax S. State nm us tax source income for the part of the year you were a nonresident. State nm us tax You may use Form 1040NR as the statement. State nm us tax Print “Dual-Status Statement” across the top. State nm us tax See First Year of Residency in chapter 1 for rules on determining your residency starting date. State nm us tax If you are an employee and you receive wages subject to U. State nm us tax S. State nm us tax income tax withholding, you must generally file by the 15th day of the 4th month after your tax year ends. State nm us tax If you file for the 2013 calendar year, your return is due April 15, 2014. State nm us tax If you are not an employee who receives wages subject to U. State nm us tax S. State nm us tax income tax withholding, you must file by the 15th day of the 6th month after your tax year ends. State nm us tax For the 2013 calendar year, file your return by June 16, 2014. State nm us tax For more information on when and where to file, see chapter 7 . State nm us tax A social security number (SSN) must be furnished on returns, statements, and other tax-related documents. State nm us tax If your spouse does not have and is not eligible to get an SSN, he must apply for an individual taxpayer identification number (ITIN). State nm us tax If you are a U. State nm us tax S. State nm us tax citizen or resident and you choose to treat your nonresident spouse as a resident and file a joint tax return, your nonresident spouse needs an SSN or an ITIN. State nm us tax Alien spouses who are claimed as exemptions or dependents are also required to furnish an SSN or an ITIN. State nm us tax See Identification Number in chapter 5 for more information. State nm us tax Generally, you cannot file as married filing jointly if either spouse was a nonresident alien at any time during the tax year. State nm us tax However, nonresident aliens married to U. State nm us tax S. State nm us tax citizens or residents can choose to be treated as U. State nm us tax S. State nm us tax residents and file joint returns. State nm us tax For more information on this choice, see Nonresident Spouse Treated as a Resident in chapter 1. State nm us tax Assuming both of you had these visas for all of last year, you are a resident alien. State nm us tax Your husband is a nonresident alien if he has not been in the United States as a student for more than 5 years. State nm us tax You and your husband can file a joint tax return on Form 1040, 1040A, or 1040EZ if he makes the choice to be treated as a resident for the entire year. State nm us tax See Nonresident Spouse Treated as a Resident in chapter 1. State nm us tax If your husband does not make this choice, you must file a separate return on Form 1040 or Form 1040A. State nm us tax Your husband must file Form 1040NR or 1040NR-EZ. State nm us tax No. State nm us tax A dual-resident taxpayer is one who is a resident of both the United States and another country under each country's tax laws. State nm us tax See Effect of Tax Treaties in chapter 1. State nm us tax You are a dual-status taxpayer when you are both a resident alien and a nonresident alien in the same year. State nm us tax See chapter 6 . State nm us tax The following rules apply if the dividends and capital gains are not effectively connected with a U. State nm us tax S. State nm us tax trade or business. State nm us tax Capital gains are generally not taxable if you were in the United States for less than 183 days during the year. State nm us tax See Sales or Exchanges of Capital Assets in chapter 4 for more information and exceptions. State nm us tax Dividends are generally taxed at a 30% (or lower treaty) rate. State nm us tax The brokerage company or payor of the dividends should withhold this tax at source. State nm us tax If tax is not withheld at the correct rate, you must file Form 1040NR to receive a refund or pay any additional tax due. State nm us tax If the capital gains and dividends are effectively connected with a U. State nm us tax S. State nm us tax trade or business, they are taxed according to the same rules and at the same rates that apply to U. State nm us tax S. State nm us tax citizens and residents. State nm us tax If you are a nonresident alien, 85% of any U. State nm us tax S. State nm us tax 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. State nm us tax See The 30% Tax in chapter 4. State nm us tax If you are a nonresident alien and the scholarship is not from U. State nm us tax S. State nm us tax sources, it is not subject to U. State nm us tax S. State nm us tax tax. State nm us tax See Scholarships, Grants, Prizes, and Awards in chapter 2 to determine whether your scholarship is from U. State nm us tax S. State nm us tax sources. State nm us tax If your scholarship is from U. State nm us tax S. State nm us tax sources or you are a resident alien, your scholarship is subject to U. State nm us tax S. State nm us tax tax according to the following rules. State nm us tax If you are a candidate for a degree, you may be able to exclude from your income the part of the scholarship you use to pay for tuition, fees, books, supplies, and equipment required by the educational institution. State nm us tax However, the part of the scholarship you use to pay for other expenses, such as room and board, is taxable. State nm us tax See Scholarships and Fellowship Grants in chapter 3 for more information. State nm us tax If you are not a candidate for a degree, your scholarship is taxable. State nm us tax Nonresident aliens cannot claim the standard deduction. State nm us tax However, see Students and business apprentices from India , under Itemized Deductions in chapter 5 for an exception. State nm us tax You cannot claim the standard deduction allowed on Form 1040. State nm us tax However, you can itemize any allowable deductions. State nm us tax Nonresident aliens can claim some of the same itemized deductions that resident aliens can claim. State nm us tax However, nonresident aliens can claim itemized deductions only if they have income effectively connected with their U. State nm us tax S. State nm us tax trade or business. State nm us tax See Itemized Deductions in chapter 5. State nm us tax Resident aliens can claim personal exemptions and exemptions for dependents in the same way as U. State nm us tax S. State nm us tax citizens. State nm us tax However, nonresident aliens generally can claim only a personal exemption for themselves on their U. State nm us tax S. State nm us tax tax return. State nm us tax There are special rules for residents of Mexico, Canada, and South Korea; for U. State nm us tax S. State nm us tax nationals; and for students and business apprentices from India. State nm us tax See Exemptions in chapter 5. State nm us tax As a dual-status taxpayer, you usually will be able to claim your own personal exemption. State nm us tax Subject to the general rules for qualification, you can claim exemptions for your spouse and dependents when you figure taxable income for the part of the year you are a resident alien. State nm us tax The amount you can claim for these exemptions is limited to your taxable income (figured before subtracting exemptions) for the part of the year you are a resident alien. State nm us tax You cannot use exemptions (other than your own) to reduce taxable income to less than zero for that period. State nm us tax If you are a nonresident alien for any part of the year, you cannot claim the earned income credit. State nm us tax See chapter 6 for more information on dual-status aliens. State nm us tax If you are a nonresident alien for any part of the year, you generally cannot claim the education credits. State nm us tax However, if you are married and choose to file a joint return with a U. State nm us tax S. State nm us tax citizen or resident spouse, you may be eligible for these credits. State nm us tax See Nonresident Spouse Treated as a Resident in chapter 1. State nm us tax Generally, services you perform as a nonresident alien temporarily in the United States as a nonimmigrant under subparagraph (F), (J), (M), or (Q) of section 101(a)(15) of the Immigration and Nationality Act are not covered under the social security program if you perform the services to carry out the purpose for which you were admitted to the United States. State nm us tax See Social Security and Medicare Taxes in chapter 8. State nm us tax If social security or Medicare taxes were withheld in error from pay that is not subject to these taxes, contact the employer who withheld the taxes for a refund. State nm us tax If you are unable to get a full refund of the amount from your employer, file a claim for refund with the Internal Revenue Service on Form 843, Claim for Refund and Request for Abatement. State nm us tax Do not use Form 843 to request a refund of Additional Medicare Tax. State nm us tax See Refund of Taxes Withheld in Error in chapter 8. State nm us tax Before leaving the United States, aliens generally must obtain a certificate of compliance. State nm us tax This document, also popularly known as the sailing permit or departure permit, is part of the income tax form you must file before leaving. State nm us tax You will receive a sailing or departure permit after filing a Form 1040-C or Form 2063. State nm us tax These forms are discussed in chapter 11. State nm us tax Form 1040-C is not an annual U. State nm us tax S. State nm us tax income tax return. State nm us tax If an income tax return is required by law, you must file that return even though you already filed a Form 1040-C. State nm us tax Chapters 5 and 7 discuss filing an annual U. State nm us tax S. State nm us tax income tax return. State nm us tax . State nm us tax I am a resident alien. State nm us tax Can I claim any treaty benefits? Generally, you cannot claim tax treaty benefits as a resident alien. State nm us tax However, there are exceptions. State nm us tax See Effect of Tax Treaties in chapter 1. State nm us tax See also Resident Aliens under Some Typical Tax Treaty Benefits in chapter 9. State nm us tax You must file Form 1040NR if you are engaged in a trade or business in the United States, or have any other U. State nm us tax S. State nm us tax source income on which tax was not fully paid by the amount withheld. State nm us tax You can use Form 1040NR-EZ instead of Form 1040NR if you meet all 11 conditions listed under Form 1040NR-EZ in chapter 7. State nm us tax You were a dual-status alien last year. State nm us tax As a general rule, because you were in the United States for 183 days or more, you have met the substantial presence test and you are taxed as a resident. State nm us tax However, for the part of the year that you were not present in the United States, you are a nonresident. State nm us tax File Form 1040. State nm us tax Print “Dual-Status Return” across the top. State nm us tax Attach a statement showing your U. State nm us tax S. State nm us tax source income for the part of the year you were a nonresident. State nm us tax You may use Form 1040NR as the statement. State nm us tax Print “Dual-Status Statement” across the top. State nm us tax See First Year of Residency in chapter 1 for rules on determining your residency starting date. State nm us tax If you are an employee and you receive wages subject to U. State nm us tax S. State nm us tax income tax withholding, you must generally file by the 15th day of the 4th month after your tax year ends. State nm us tax If you file for the 2013 calendar year, your return is due April 15, 2014. State nm us tax If you are not an employee who receives wages subject to U. State nm us tax S. State nm us tax income tax withholding, you must file by the 15th day of the 6th month after your tax year ends. State nm us tax For the 2013 calendar year, file your return by June 16, 2014. State nm us tax For more information on when and where to file, see chapter 7 . State nm us tax A social security number (SSN) must be furnished on returns, statements, and other tax-related documents. State nm us tax If your spouse does not have and is not eligible to get an SSN, he must apply for an individual taxpayer identification number (ITIN). State nm us tax If you are a U. State nm us tax S. State nm us tax citizen or resident and you choose to treat your nonresident spouse as a resident and file a joint tax return, your nonresident spouse needs an SSN or an ITIN. State nm us tax Alien spouses who are claimed as exemptions or dependents are also required to furnish an SSN or an ITIN. State nm us tax See Identification Number in chapter 5 for more information. State nm us tax Generally, you cannot file as married filing jointly if either spouse was a nonresident alien at any time during the tax year. State nm us tax However, nonresident aliens married to U. State nm us tax S. State nm us tax citizens or residents can choose to be treated as U. State nm us tax S. State nm us tax residents and file joint returns. State nm us tax For more information on this choice, see Nonresident Spouse Treated as a Resident in chapter 1. State nm us tax Assuming both of you had these visas for all of last year, you are a resident alien. State nm us tax Your husband is a nonresident alien if he has not been in the United States as a student for more than 5 years. State nm us tax You and your husband can file a joint tax return on Form 1040, 1040A, or 1040EZ if he makes the choice to be treated as a resident for the entire year. State nm us tax See Nonresident Spouse Treated as a Resident in chapter 1. State nm us tax If your husband does not make this choice, you must file a separate return on Form 1040 or Form 1040A. State nm us tax Your husband must file Form 1040NR or 1040NR-EZ. State nm us tax No. State nm us tax A dual-resident taxpayer is one who is a resident of both the United States and another country under each country's tax laws. State nm us tax See Effect of Tax Treaties in chapter 1. State nm us tax You are a dual-status taxpayer when you are both a resident alien and a nonresident alien in the same year. State nm us tax See chapter 6 . State nm us tax The following rules apply if the dividends and capital gains are not effectively connected with a U. State nm us tax S. State nm us tax trade or business. State nm us tax Capital gains are generally not taxable if you were in the United States for less than 183 days during the year. State nm us tax See Sales or Exchanges of Capital Assets in chapter 4 for more information and exceptions. State nm us tax Dividends are generally taxed at a 30% (or lower treaty) rate. State nm us tax The brokerage company or payor of the dividends should withhold this tax at source. State nm us tax If tax is not withheld at the correct rate, you must file Form 1040NR to receive a refund or pay any additional tax due. State nm us tax If the capital gains and dividends are effectively connected with a U. State nm us tax S. State nm us tax trade or business, they are taxed according to the same rules and at the same rates that apply to U. State nm us tax S. State nm us tax citizens and residents. State nm us tax If you are a nonresident alien, 85% of any U. State nm us tax S. State nm us tax 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. State nm us tax See The 30% Tax in chapter 4. State nm us tax If you are a nonresident alien and the scholarship is not from U. State nm us tax S. State nm us tax sources, it is not subject to U. State nm us tax S. State nm us tax tax. State nm us tax See Scholarships, Grants, Prizes, and Awards in chapter 2 to determine whether your scholarship is from U. State nm us tax S. State nm us tax sources. State nm us tax If your scholarship is from U. State nm us tax S. State nm us tax sources or you are a resident alien, your scholarship is subject to U. State nm us tax S. State nm us tax tax according to the following rules. State nm us tax If you are a candidate for a degree, you may be able to exclude from your income the part of the scholarship you use to pay for tuition, fees, books, supplies, and equipment required by the educational institution. State nm us tax However, the part of the scholarship you use to pay for other expenses, such as room and board, is taxable. State nm us tax See Scholarships and Fellowship Grants in chapter 3 for more information. State nm us tax If you are not a candidate for a degree, your scholarship is taxable. State nm us tax Nonresident aliens cannot claim the standard deduction. State nm us tax However, see Students and business apprentices from India , under Itemized Deductions in chapter 5 for an exception. State nm us tax You cannot claim the standard deduction allowed on Form 1040. State nm us tax However, you can itemize any allowable deductions. State nm us tax Nonresident aliens can claim some of the same itemized deductions that resident aliens can claim. State nm us tax However, nonresident aliens can claim itemized deductions only if they have income effectively connected with their U. State nm us tax S. State nm us tax trade or business. State nm us tax See Itemized Deductions in chapter 5. State nm us tax Resident aliens can claim personal exemptions and exemptions for dependents in the same way as U. State nm us tax S. State nm us tax citizens. State nm us tax However, nonresident aliens generally can claim only a personal exemption for themselves on their U. State nm us tax S. State nm us tax tax return. State nm us tax There are special rules for residents of Mexico, Canada, and South Korea; for U. State nm us tax S. State nm us tax nationals; and for students and business apprentices from India. State nm us tax See Exemptions in chapter 5. State nm us tax As a dual-status taxpayer, you usually will be able to claim your own personal exemption. State nm us tax Subject to the general rules for qualification, you can claim exemptions for your spouse and dependents when you figure taxable income for the part of the year you are a resident alien. State nm us tax The amount you can claim for these exemptions is limited to your taxable income (figured before subtracting exemptions) for the part of the year you are a resident alien. State nm us tax You cannot use exemptions (other than your own) to reduce taxable income to less than zero for that period. State nm us tax If you are a nonresident alien for any part of the year, you cannot claim the earned income credit. State nm us tax See chapter 6 for more information on dual-status aliens. State nm us tax If you are a nonresident alien for any part of the year, you generally cannot claim the education credits. State nm us tax However, if you are married and choose to file a joint return with a U. State nm us tax S. State nm us tax citizen or resident spouse, you may be eligible for these credits. State nm us tax See Nonresident Spouse Treated as a Resident in chapter 1. State nm us tax Generally, services you perform as a nonresident alien temporarily in the United States as a nonimmigrant under subparagraph (F), (J), (M), or (Q) of section 101(a)(15) of the Immigration and Nationality Act are not covered under the social security program if you perform the services to carry out the purpose for which you were admitted to the United States. State nm us tax See Social Security and Medicare Taxes in chapter 8. State nm us tax If social security or Medicare taxes were withheld in error from pay that is not subject to these taxes, contact the employer who withheld the taxes for a refund. State nm us tax If you are unable to get a full refund of the amount from your employer, file a claim for refund with the Internal Revenue Service on Form 843, Claim for Refund and Request for Abatement. State nm us tax Do not use Form 843 to request a refund of Additional Medicare Tax. State nm us tax See Refund of Taxes Withheld in Error in chapter 8. State nm us tax Before leaving the United States, aliens generally must obtain a certificate of compliance. State nm us tax This document, also popularly known as the sailing permit or departure permit, is part of the income tax form you must file before leaving. State nm us tax You will receive a sailing or departure permit after filing a Form 1040-C or Form 2063. State nm us tax These forms are discussed in chapter 11. State nm us tax Form 1040-C is not an annual U. State nm us tax S. State nm us tax income tax return. State nm us tax If an income tax return is required by law, you must file that return even though you already filed a Form 1040-C. State nm us tax Chapters 5 and 7 discuss filing an annual U. State nm us tax S. State nm us tax income tax return. State nm us tax . State nm us tax I am a nonresident alien with no dependents. State nm us tax I am working temporarily for a U. State nm us tax S. State nm us tax company. State nm us tax What return do I file? You must file Form 1040NR if you are engaged in a trade or business in the United States, or have any other U. State nm us tax S. State nm us tax source income on which tax was not fully paid by the amount withheld. State nm us tax You can use Form 1040NR-EZ instead of Form 1040NR if you meet all 11 conditions listed under Form 1040NR-EZ in chapter 7. State nm us tax You were a dual-status alien last year. State nm us tax As a general rule, because you were in the United States for 183 days or more, you have met the substantial presence test and you are taxed as a resident. State nm us tax However, for the part of the year that you were not present in the United States, you are a nonresident. State nm us tax File Form 1040. State nm us tax Print “Dual-Status Return” across the top. State nm us tax Attach a statement showing your U. State nm us tax S. State nm us tax source income for the part of the year you were a nonresident. State nm us tax You may use Form 1040NR as the statement. State nm us tax Print “Dual-Status Statement” across the top. State nm us tax See First Year of Residency in chapter 1 for rules on determining your residency starting date. State nm us tax If you are an employee and you receive wages subject to U. State nm us tax S. State nm us tax income tax withholding, you must generally file by the 15th day of the 4th month after your tax year ends. State nm us tax If you file for the 2013 calendar year, your return is due April 15, 2014. State nm us tax If you are not an employee who receives wages subject to U. State nm us tax S. State nm us tax income tax withholding, you must file by the 15th day of the 6th month after your tax year ends. State nm us tax For the 2013 calendar year, file your return by June 16, 2014. State nm us tax For more information on when and where to file, see chapter 7 . State nm us tax A social security number (SSN) must be furnished on returns, statements, and other tax-related documents. State nm us tax If your spouse does not have and is not eligible to get an SSN, he must apply for an individual taxpayer identification number (ITIN). State nm us tax If you are a U. State nm us tax S. State nm us tax citizen or resident and you choose to treat your nonresident spouse as a resident and file a joint tax return, your nonresident spouse needs an SSN or an ITIN. State nm us tax Alien spouses who are claimed as exemptions or dependents are also required to furnish an SSN or an ITIN. State nm us tax See Identification Number in chapter 5 for more information. State nm us tax Generally, you cannot file as married filing jointly if either spouse was a nonresident alien at any time during the tax year. State nm us tax However, nonresident aliens married to U. State nm us tax S. State nm us tax citizens or residents can choose to be treated as U. State nm us tax S. State nm us tax residents and file joint returns. State nm us tax For more information on this choice, see Nonresident Spouse Treated as a Resident in chapter 1. State nm us tax Assuming both of you had these visas for all of last year, you are a resident alien. State nm us tax Your husband is a nonresident alien if he has not been in the United States as a student for more than 5 years. State nm us tax You and your husband can file a joint tax return on Form 1040, 1040A, or 1040EZ if he makes the choice to be treated as a resident for the entire year. State nm us tax See Nonresident Spouse Treated as a Resident in chapter 1. State nm us tax If your husband does not make this choice, you must file a separate return on Form 1040 or Form 1040A. State nm us tax Your husband must file Form 1040NR or 1040NR-EZ. State nm us tax No. State nm us tax A dual-resident taxpayer is one who is a resident of both the United States and another country under each country's tax laws. State nm us tax See Effect of Tax Treaties in chapter 1. State nm us tax You are a dual-status taxpayer when you are both a resident alien and a nonresident alien in the same year. State nm us tax See chapter 6 . State nm us tax The following rules apply if the dividends and capital gains are not effectively connected with a U. State nm us tax S. State nm us tax trade or business. State nm us tax Capital gains are generally not taxable if you were in the United States for less than 183 days during the year. State nm us tax See Sales or Exchanges of Capital Assets in chapter 4 for more information and exceptions. State nm us tax Dividends are generally taxed at a 30% (or lower treaty) rate. State nm us tax The brokerage company or payor of the dividends should withhold this tax at source. State nm us tax If tax is not withheld at the correct rate, you must file Form 1040NR to receive a refund or pay any additional tax due. State nm us tax If the capital gains and dividends are effectively connected with a U. State nm us tax S. State nm us tax trade or business, they are taxed according to the same rules and at the same rates that apply to U. State nm us tax S. State nm us tax citizens and residents. State nm us tax If you are a nonresident alien, 85% of any U. State nm us tax S. State nm us tax 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. State nm us tax See The 30% Tax in chapter 4. State nm us tax If you are a nonresident alien and the scholarship is not from U. State nm us tax S. State nm us tax sources, it is not subject to U. State nm us tax S. State nm us tax tax. State nm us tax See Scholarships, Grants, Prizes, and Awards in chapter 2 to determine whether your scholarship is from U. State nm us tax S. State nm us tax sources. State nm us tax If your scholarship is from U. State nm us tax S. State nm us tax sources or you are a resident alien, your scholarship is subject to U. State nm us tax S. State nm us tax tax according to the following rules. State nm us tax If you are a candidate for a degree, you may be able to exclude from your income the part of the scholarship you use to pay for tuition, fees, books, supplies, and equipment required by the educational institution. State nm us tax However, the part of the scholarship you use to pay for other expenses, such as room and board, is taxable. State nm us tax See Scholarships and Fellowship Grants in chapter 3 for more information. State nm us tax If you are not a candidate for a degree, your scholarship is taxable. State nm us tax Nonresident aliens cannot claim the standard deduction. State nm us tax However, see Students and business apprentices from India , under Itemized Deductions in chapter 5 for an exception. State nm us tax You cannot claim the standard deduction allowed on Form 1040. State nm us tax However, you can itemize any allowable deductions. State nm us tax Nonresident aliens can claim some of the same itemized deductions that resident aliens can claim. State nm us tax However, nonresident aliens can claim itemized deductions only if they have income effectively connected with their U. State nm us tax S. State nm us tax trade or business. State nm us tax See Itemized Deductions in chapter 5. State nm us tax Resident aliens can claim personal exemptions and exemptions for dependents in the same way as U. State nm us tax S. State nm us tax citizens. State nm us tax However, nonresident aliens generally can claim only a personal exemption for themselves on their U. State nm us tax S. State nm us tax tax return. State nm us tax There are special rules for residents of Mexico, Canada, and South Korea; for U. State nm us tax S. State nm us tax nationals; and for students and business apprentices from India. State nm us tax See Exemptions in chapter 5. State nm us tax As a dual-status taxpayer, you usually will be able to claim your own personal exemption. State nm us tax Subject to the general rules for qualification, you can claim exemptions for your spouse and dependents when you figure taxable income for the part of the year you are a resident alien. State nm us tax The amount you can claim for these exemptions is limited to your taxable income (figured before subtracting exemptions) for the part of the year you are a resident alien. State nm us tax You cannot use exemptions (other than your own) to reduce taxable income to less than zero for that period. State nm us tax If you are a nonresident alien for any part of the year, you cannot claim the earned income credit. State nm us tax See chapter 6 for more information on dual-status aliens. State nm us tax If you are a nonresident alien for any part of the year, you generally cannot claim the education credits. State nm us tax However, if you are married and choose to file a joint return with a U. State nm us tax S. State nm us tax citizen or resident spouse, you may be eligible for these credits. State nm us tax See Nonresident Spouse Treated as a Resident in chapter 1. State nm us tax Generally, services you perform as a nonresident alien temporarily in the United States as a nonimmigrant under subparagraph (F), (J), (M), or (Q) of section 101(a)(15) of the Immigration and Nationality Act are not covered under the social security program if you perform the services to carry out the purpose for which you were admitted to the United States. State nm us tax See Social Security and Medicare Taxes in chapter 8. State nm us tax If social security or Medicare taxes were withheld in error from pay that is not subject to these taxes, contact the employer who withheld the taxes for a refund. State nm us tax If you are unable to get a full refund of the amount from your employer, file a claim for refund with the Internal Revenue Service on Form 843, Claim for Refund and Request for Abatement. State nm us tax Do not use Form 843 to request a refund of Additional Medicare Tax. State nm us tax See Refund of Taxes Withheld in Error in chapter 8. State nm us tax Before leaving the United States, aliens generally must obtain a certificate of compliance. State nm us tax This document, also popularly known as the sailing permit or departure permit, is part of the income tax form you must file before leaving. State nm us tax You will receive a sailing or departure permit after filing a Form 1040-C or Form 2063. State nm us tax These forms are discussed in chapter 11. State nm us tax Form 1040-C is not an annual U. State nm us tax S. State nm us tax income tax return. State nm us tax If an income tax return is required by law, you must file that return even though you already filed a Form 1040-C. State nm us tax Chapters 5 and 7 discuss filing an annual U. State nm us tax S. State nm us tax income tax return. State nm us tax . State nm us tax I came to the United States on June 30th of last year. State nm us tax I have an H-1B Visa. State nm us tax What is my tax status, resident alien or nonresident alien? What tax return do I file? You were a dual-status alien last year. State nm us tax As a general rule, because you were in the United States for 183 days or more, you have met the substantial presence test and you are taxed as a resident. State nm us tax However, for the part of the year that you were not present in the United States, you are a nonresident. State nm us tax File Form 1040. State nm us tax Print “Dual-Status Return” across the top. State nm us tax Attach a statement showing your U. State nm us tax S. State nm us tax source income for the part of the year you were a nonresident. State nm us tax You may use Form 1040NR as the statement. State nm us tax Print “Dual-Status Statement” across the top. State nm us tax See First Year of Residency in chapter 1 for rules on determining your residency starting date. State nm us tax If you are an employee and you receive wages subject to U. State nm us tax S. State nm us tax income tax withholding, you must generally file by the 15th day of the 4th month after your tax year ends. State nm us tax If you file for the 2013 calendar year, your return is due April 15, 2014. State nm us tax If you are not an employee who receives wages subject to U. State nm us tax S. State nm us tax income tax withholding, you must file by the 15th day of the 6th month after your tax year ends. State nm us tax For the 2013 calendar year, file your return by June 16, 2014. State nm us tax For more information on when and where to file, see chapter 7 . State nm us tax A social security number (SSN) must be furnished on returns, statements, and other tax-related documents. State nm us tax If your spouse does not have and is not eligible to get an SSN, he must apply for an individual taxpayer identification number (ITIN). State nm us tax If you are a U. State nm us tax S. State nm us tax citizen or resident and you choose to treat your nonresident spouse as a resident and file a joint tax return, your nonresident spouse needs an SSN or an ITIN. State nm us tax Alien spouses who are claimed as exemptions or dependents are also required to furnish an SSN or an ITIN. State nm us tax See Identification Number in chapter 5 for more information. State nm us tax Generally, you cannot file as married filing jointly if either spouse was a nonresident alien at any time during the tax year. State nm us tax However, nonresident aliens married to U. State nm us tax S. State nm us tax citizens or residents can choose to be treated as U. State nm us tax S. State nm us tax residents and file joint returns. State nm us tax For more information on this choice, see Nonresident Spouse Treated as a Resident in chapter 1. State nm us tax Assuming both of you had these visas for all of last year, you are a resident alien. State nm us tax Your husband is a nonresident alien if he has not been in the United States as a student for more than 5 years. State nm us tax You and your husband can file a joint tax return on Form 1040, 1040A, or 1040EZ if he makes the choice to be treated as a resident for the entire year. State nm us tax See Nonresident Spouse Treated as a Resident in chapter 1. State nm us tax If your husband does not make this choice, you must file a separate return on Form 1040 or Form 1040A. State nm us tax Your husband must file Form 1040NR or 1040NR-EZ. State nm us tax No. State nm us tax A dual-resident taxpayer is one who is a resident of both the United States and another country under each country's tax laws. State nm us tax See Effect of Tax Treaties in chapter 1. State nm us tax You are a dual-status taxpayer when you are both a resident alien and a nonresident alien in the same year. State nm us tax See chapter 6 . State nm us tax The following rules apply if the dividends and capital gains are not effectively connected with a U. State nm us tax S. State nm us tax trade or business. State nm us tax Capital gains are generally not taxable if you were in the United States for less than 183 days during the year. State nm us tax See Sales or Exchanges of Capital Assets in chapter 4 for more information and exceptions. State nm us tax Dividends are generally taxed at a 30% (or lower treaty) rate. State nm us tax The brokerage company or payor of the dividends should withhold this tax at source. State nm us tax If tax is not withheld at the correct rate, you must file Form 1040NR to receive a refund or pay any additional tax due. State nm us tax If the capital gains and dividends are effectively connected with a U. State nm us tax S. State nm us tax trade or business, they are taxed according to the same rules and at the same rates that apply to U. State nm us tax S. State nm us tax citizens and residents. State nm us tax If you are a nonresident alien, 85% of any U. State nm us tax S. State nm us tax 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. State nm us tax See The 30% Tax in chapter 4. State nm us tax If you are a nonresident alien and the scholarship is not from U. State nm us tax S. State nm us tax sources, it is not subject to U. State nm us tax S. State nm us tax tax. State nm us tax See Scholarships, Grants, Prizes, and Awards in chapter 2 to determine whether your scholarship is from U. State nm us tax S. State nm us tax sources. State nm us tax If your scholarship is from U. State nm us tax S. State nm us tax sources or you are a resident alien, your scholarship is subject to U. State nm us tax S. State nm us tax tax according to the following rules. State nm us tax If you are a candidate for a degree, you may be able to exclude from your income the part of the scholarship you use to pay for tuition, fees, books, supplies, and equipment required by the educational institution. State nm us tax However, the part of the scholarship you use to pay for other expenses, such as room and board, is taxable. State nm us tax See Scholarships and Fellowship Grants in chapter 3 for more information. State nm us tax If you are not a candidate for a degree, your scholarship is taxable. State nm us tax Nonresident aliens cannot claim the standard deduction. State nm us tax However, see Students and business apprentices from India , under Itemized Deductions in chapter 5 for an exception. State nm us tax You cannot claim the standard deduction allowed on Form 1040. State nm us tax However, you can itemize any allowable deductions. State nm us tax Nonresident aliens can claim some of the same itemized deductions that resident aliens can claim. State nm us tax However, nonresident aliens can claim itemized deductions only if they have income effectively connected with their U. State nm us tax S. State nm us tax trade or business. State nm us tax See Itemized Deductions in chapter 5. State nm us tax Resident aliens can claim personal exemptions and exemptions for dependents in the same way as U. State nm us tax S. State nm us tax citizens. State nm us tax However, nonresident aliens generally can claim only a personal exemption for themselves on their U. State nm us tax S. State nm us tax tax return. State nm us tax There are special rules for residents of Mexico, Canada, and South Korea; for U. State nm us tax S. State nm us tax nationals; and for students and business apprentices from India. State nm us tax See Exemptions in chapter 5. State nm us tax As a dual-status taxpayer, you usually will be able to claim your own personal exemption. State nm us tax Subject to the general rules for qualification, you can claim exemptions for your spouse and dependents when you figure taxable income for the part of the year you are a resident alien. State nm us tax The amount you can claim for these exemptions is limited to your taxable income (figured before subtracting exemptions) for the part of the year you are a resident alien. State nm us tax You cannot use exemptions (other than your own) to reduce taxable income to less than zero for that period. State nm us tax If you are a nonresident alien for any part of the year, you cannot claim the earned income credit. State nm us tax See chapter 6 for more information on dual-status aliens. State nm us tax If you are a nonresident alien for any part of the year, you generally cannot claim the education credits. State nm us tax However, if you are married and choose to file a joint return with a U. State nm us tax S. State nm us tax citizen or resident spouse, you may be eligible for these credits. State nm us tax See Nonresident Spouse Treated as a Resident in chapter 1. State nm us tax Generally, services you perform as a nonresident alien temporarily in the United States as a nonimmigrant under subparagraph (F), (J), (M), or (Q) of section 101(a)(15) of the Immigration and Nationality Act are not covered under the social security program if you perform the services to carry out the purpose for which you were admitted to the United States. State nm us tax See Social Security and Medicare Taxes in chapter 8. State nm us tax If social security or Medicare taxes were withheld in error from pay that is not subject to these taxes, contact the employer who withheld the taxes for a refund. State nm us tax If you are unable to get a full refund of the amount from your employer, file a claim for refund with the Internal Revenue Service on Form 843, Claim for Refund and Request for Abatement. State nm us tax Do not use Form 843 to request a refund of Additional Medicare Tax. State nm us tax See Refund of Taxes Withheld in Error in chapter 8. State nm us tax Before leaving the United States, aliens generally must obtain a certificate of compliance. State nm us tax This document, also popularly known as the sailing permit or departure permit, is part of the income tax form you must file before leaving. State nm us tax You will receive a sailing or departure permit after filing a Form 1040-C or Form 2063. State nm us tax These forms are discussed in chapter 11. State nm us tax Form 1040-C is not an annual U. State nm us tax S. State nm us tax income tax return. State nm us tax If an income tax return is required by law, you must file that return even though you already filed a Form 1040-C. State nm us tax Chapters 5 and 7 discuss filing an annual U. State nm us tax S. State nm us tax income tax return. State nm us tax . State nm us tax When is my Form 1040NR due? If you are an employee and you receive wages subject to U. State nm us tax S. State nm us tax income tax withholding, you must generally file by the 15th day of the 4th month after your tax year ends. State nm us tax If you file for the 2013 calendar year, your return is due April 15, 2014. State nm us tax If you are not an employee who receives wages subject to U. State nm us tax S. State nm us tax income tax withholding, you must file by the 15th day of the 6th month after your tax year ends. State nm us tax For the 2013 calendar year, file your return by June 16, 2014. State nm us tax For more information on when and where to file, see chapter 7 . State nm us tax A social security number (SSN) must be furnished on returns, statements, and other tax-related documents. State nm us tax If your spouse does not have and is not eligible to get an SSN, he must apply for an individual taxpayer identification number (ITIN). State nm us tax If you are a U. State nm us tax S. State nm us tax citizen or resident and you choose to treat your nonresident spouse as a resident and file a joint tax return, your nonresident spouse needs an SSN or an ITIN. State nm us tax Alien spouses who are claimed as exemptions or dependents are also required to furnish an SSN or an ITIN. State nm us tax See Identification Number in chapter 5 for more information. State nm us tax Generally, you cannot file as married filing jointly if either spouse was a nonresident alien at any time during the tax year. State nm us tax However, nonresident aliens married to U. State nm us tax S. State nm us tax citizens or residents can choose to be treated as U. State nm us tax S. State nm us tax residents and file joint returns. State nm us tax For more information on this choice, see Nonresident Spouse Treated as a Resident in chapter 1. State nm us tax Assuming both of you had these visas for all of last year, you are a resident alien. State nm us tax Your husband is a nonresident alien if he has not been in the United States as a student for more than 5 years. State nm us tax You and your husband can file a joint tax return on Form 1040, 1040A, or 1040EZ if he makes the choice to be treated as a resident for the entire year. State nm us tax See Nonresident Spouse Treated as a Resident in chapter 1. State nm us tax If your husband does not make this choice, you must file a separate return on Form 1040 or Form 1040A. State nm us tax Your husband must file Form 1040NR or 1040NR-EZ. State nm us tax No. State nm us tax A dual-resident taxpayer is one who is a resident of both the United States and another country under each country's tax laws. State nm us tax See Effect of Tax Treaties in chapter 1. State nm us tax You are a dual-status taxpayer when you are both a resident alien and a nonresident alien in the same year. State nm us tax See chapter 6 . State nm us tax The following rules apply if the dividends and capital gains are not effectively connected with a U. State nm us tax S. State nm us tax trade or business. State nm us tax Capital gains are generally not taxable if you were in the United States for less than 183 days during the year. State nm us tax See Sales or Exchanges of Capital Assets in chapter 4 for more information and exceptions. State nm us tax Dividends are generally taxed at a 30% (or lower treaty) rate. State nm us tax The brokerage company or payor of the dividends should withhold this tax at source. State nm us tax If tax is not withheld at the correct rate, you must file Form 1040NR to receive a refund or pay any additional tax due. State nm us tax If the capital gains and dividends are effectively connected with a U. State nm us tax S. State nm us tax trade or business, they are taxed according to the same rules and at the same rates that apply to U. State nm us tax S. State nm us tax citizens and residents. State nm us tax If you are a nonresident alien, 85% of any U. State nm us tax S. State nm us tax 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. State nm us tax See The 30% Tax in chapter 4. State nm us tax If you are a nonresident alien and the scholarship is not from U. State nm us tax S. State nm us tax sources, it is not subject to U. State nm us tax S. State nm us tax tax. State nm us tax See Scholarships, Grants, Prizes, and Awards in chapter 2 to determine whether your scholarship is from U. State nm us tax S. State nm us tax sources. State nm us tax If your scholarship is from U. State nm us tax S. State nm us tax sources or you are a resident alien, your scholarship is subject to U. State nm us tax S. State nm us tax tax according to the following rules. State nm us tax If you are a candidate for a degree, you may be able to exclude from your income the part of the scholarship you use to pay for tuition, fees, books, supplies, and equipment required by the educational institution. State nm us tax However, the part of the scholarship you use to pay for other expenses, such as room and board, is taxable. State nm us tax See Scholarships and Fellowship Grants in chapter 3 for more information. State nm us tax If you are not a candidate for a degree, your scholarship is taxable. State nm us tax Nonresident aliens cannot claim the standard deduction. State nm us tax However, see Students and business apprentices from India , under Itemized Deductions in chapter 5 for an exception. State nm us tax You cannot claim the standard deduction allowed on Form 1040. State nm us tax However, you can itemize any allowable deductions. State nm us tax Nonresident aliens can claim some of the same itemized deductions that resident aliens can claim. State nm us tax However, nonresident aliens can claim itemized deductions only if they have income effectively connected with their U. State nm us tax S. State nm us tax trade or business. State nm us tax See Itemized Deductions in chapter 5. State nm us tax Resident aliens can claim personal exemptions and exemptions for dependents in the same way as U. State nm us tax S. State nm us tax citizens. State nm us tax However, nonresident aliens generally can claim only a personal exemption for themselves on their U. State nm us tax S. State nm us tax tax return. State nm us tax There are special rules for residents of Mexico, Canada, and South Korea; for U. State nm us tax S. State nm us tax nationals; and for students and business apprentices from India. State nm us tax See Exemptions in chapter 5. State nm us tax As a dual-status taxpayer, you usually will be able to claim your own personal exemption. State nm us tax Subject to the general rules for qualification, you can claim exemptions for your spouse and dependents when you figure taxable income for the part of the year you are a resident alien. State nm us tax The amount you can claim for these exemptions is limited to your taxable income (figured before subtracting exemptions) for the part of the year you are a resident alien. State nm us tax You cannot use exemptions (other than your own) to reduce taxable income to less than zero for that period. State nm us tax If you are a nonresident alien for any part of the year, you cannot claim the earned income credit. State nm us tax See chapter 6 for more information on dual-status aliens. State nm us tax If you are a nonresident alien for any part of the year, you generally cannot claim the education credits. State nm us tax However, if you are married and choose to file a joint return with a U. State nm us tax S. State nm us tax citizen or resident spouse, you may be eligible for these credits. State nm us tax See Nonresident Spouse Treated as a Resident in chapter 1. State nm us tax Generally, services you perform as a nonresident alien temporarily in the United States as a nonimmigrant under subparagraph (F), (J), (M), or (Q) of section 101(a)(15) of the Immigration and Nationality Act are not covered under the social security program if you perform the services to carry out the purpose