The Daily Beacon
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Can non-resident aliens e file taxes?

We are thrilled to announce that Sprintax – the only online solution for nonresident federal and state tax returns – is now live for Federal E-Filing. This means that, by completing the easy Sprintax questionnaire, you can file your federal return directly with the IRS online.

Who is non-resident under Income tax Act?

The current tax law states that an Indian citizen who stays abroad for employment or is carrying on business for an uncertain duration is a non-resident. However, an NRI becomes a ‘resident’ of India in any financial year, if he stays in India for 182 days or more.

Nonresident filers have entered the digital age, and they can now file their 2016 Form 1040NR, U.S. Nonresident Alien Income Tax Return, electronically. However, according to the IRS website article “Modernized e-file (MeF) Overview,” the 2016 Form 1040NR-EZ curiously must still be paper filed.

Do you have to file Form 1040NR for nonresident aliens?

You must file Form 1040NR, U.S. Nonresident Alien Income Tax Return (or Form 1040NR-EZ, U.S. Income Tax Return for Certain Nonresident Aliens With No Dependents) only if you have income that is subject to tax, such as wages, tips, scholarship and fellowship grants, dividends, etc.

What makes a nonresident alien a non resident alien?

A nonresident alien is an alien who has not passed the green card test or the substantial presence test. If you are a nonresident alien at the end of the tax year, and your spouse is a resident alien, your spouse can choose to treat you as a U.S. resident alien for tax purposes and file Form 1040 using the filing status “Married Filing Jointly.”

How is a LLC treated as a nonresident alien?

If you have a single-member LLC, the LLC is treated as a disregarded entity for tax purposes unless a corporate election is made. That means if you are a nonresident alien individual, you report the business or rental activity of the LLC on Form 1040NR (U.S. Nonresident Alien Income Tax Return). There is only a single level of taxation.

How does a nonresident alien get a tax credit?

Generally, a federal tax withholding of 15% of the sales price is required from anyone who purchases real estate from a nonresident alien (IRC Sec. 1445). This withholding is claimed as a credit on your non-resident tax return. Form 8288-A, stamped as received by the IRS, must be attached to the return as evidence of the amount withheld.