What Is IRS Publication 519?

What Is IRS Publication 519?

Let me tell you about IRS Publication 519—it's the U.S. Tax Guide for Aliens, put out by the Internal Revenue Service to lay out the tax rules for non-U.S. citizens. Not every alien has to deal with U.S. taxes; it depends on your status. If you're a resident alien, meaning you've been in the country long enough under certain rules, you'll get taxed on your worldwide income just like any U.S. citizen. On the other hand, as a non-resident alien, you're only taxed on what you earn inside the U.S. or specific international income sources.

Key Takeaways

Here's what you need to grasp from IRS Publication 519: it delivers essential tax info and guidance for aliens living or working in the U.S. Your tax situation hinges on whether you're classified as a resident alien, non-resident alien, or even dual-status. Remember, non-residents might end up paying taxes to both U.S. and foreign governments on the same income.

Understanding IRS Publication 519

The core of IRS Publication 519 is figuring out your status as a non-resident or resident alien, which dictates the tax rules that apply to you. We use the substantial presence test or the green card test for this. You might also fall into dual-status if you switch categories in the same year, and don't forget to check your spouse's status too.

Let's break down the substantial presence test: it looks at how much time you've spent in the U.S. To qualify as a resident under this, you need to be present here for at least 31 days in the current year and a total of 183 days over a three-year period—including the current year and the two prior ones. Count all days in the current year, one-third of the days from the year before, and one-sixth from two years back.

Then there's the green card test: if you're a lawful permanent resident at any point in the calendar year, you're considered a resident for tax purposes. That means you've got the legal right to live permanently in the U.S., usually evidenced by a green card from U.S. Citizenship and Immigration Services.

If you qualify as both resident and non-resident in one year, that's dual status, and it affects how you file. If you're married, you might choose to treat your non-resident spouse as a resident alien for tax reasons.

Taxation of Non-Resident Income

For those of you who are non-resident aliens, your U.S. income gets hit with two main tax rates. Effectively connected income—from running a business or providing services here—is taxed at the same progressive rates as U.S. citizens. Fixed, determinable, annual, or periodic income, which is passive stuff like interest or dividends, gets a flat 30% rate. You'll need to file using Form 1040NR.

One thing that can help is tax treaties with your home country—they might cut or wipe out U.S. taxes on things like personal services, pensions, interest, dividends, royalties, or capital gains.