The Tax Department says that I am a resident alien for tax purposes this year. What does that mean?
|
Resident Alien vs. Nonresident Alien: A brief explanation for international undergraduate, graduate students, and scholars:
The determination of tax residency status, between a resident alien (RA) and a nonresident alien (NRA), depends on your current immigration status, your primary purpose for entering the U.S., the number of days you have been in the U.S., and the immigration status you held during prior visits over the course of several years.
Generally, an F or J student will be considered an NRA for five calendar years of presence in this status. A J non-student is generally an NRA for two calendar years out of the last six years. The complete calculation used for determining tax residency status is complicated and uses many variables.
The Indiana University tax department can perform the tax residency status calculation for you and can also determine if you are eligible to take advantage of any tax treaty benefits on your income. In order to perform this analysis you will need to complete the International Tax Questionnaire located at https://www.fms.indiana.edu/tax/forms/questionnaire.pdf. We suggest submitting the ITQ to the tax department annually since your tax residency status or eligibility for tax treaty benefits may change from one year to the next.
DIFFERENCES BETWEEN NRA and RA FOR TAX PURPOSES |
| |
Nonresident Alien (NRA) |
Resident Alien (RA) |
Federal Tax Documents
and Filing Requirements |
- Generally files IRS Form 1040-NR. See IRS Publication 515 for filing requirements
- May receive multiple federal tax documents depending on type of income received and whether tax treaty benefits were used
a) IRS Form W-2: Reports taxable wages subject to income tax withholding
b) IRS Form 1042-S:
i) Reports taxable wages received where tax treaty benefits were applied
ii) Reports taxable scholarship/fellowship income regardless of whether tax treaty benefits were applied
c) Does not receive IRS Form 1098-T since generally not eligible to claim higher education tax credits or deductions
|
- Generally files some variation of IRS Form 1040. See IRS Publication 17 for filing information
- May receive multiple federal tax documents
a) IRS Form W-2: Reports taxable wages subject to income tax withholding
b) IRS Form 1098-T: Reports payments for qualified expenses for purposes of claiming a higher education tax credit or deduction on the income tax return.
c) Individual will be required to self-report taxable scholarship or fellowship income. It is not reported on any federal tax document as taxable income.
|
Tax Filing Assistance |
Nonresident alien tax software, CINTAX, is available at the International Center for completing the annual income tax return. Volunteer Income Tax Assistance (VITA) is available to assist with using the software and in preparing the income tax return. An appointment is required. Contact the International Center for more information.
|
May purchase proprietary tax preparation software, employ a tax advisor, or use other resources available to a U.S. person for assistance in completing the U.S. income tax return.
Nonresident alien tax software cannot be used for a resident alien tax return. VITA volunteers are not available at the International Center to assist resident aliens. |
Income Tax Withholding
on Scholarship and Fellowship |
Income on a student account such as scholarships, fellowships, or fee waivers that are greater than the tuition and other required fees is considered taxable income. This taxable income is subject to federal and state income tax withholding and reporting. The tax withholding charge is posted on the student account.
Immigration status as an F-1 or J-1 student allows for a reduced rate of tax withholding. If the individual is eligible for tax treaty benefits, the tax rate of withholding is reduced to zero.
The taxable income is reported on IRS Form 1042-S. |
Income on a student account such as scholarships, fellowships, or fee waivers that are greater than the tuition and other required fees is considered taxable income. This taxable income is NOT subject to federal and state income tax withholding and reporting.
The individual is expected to self-report the taxable income on their income tax return. The individual is responsible for making timely estimated tax payments directly to the taxing authorities.
No federal tax form is issued regarding the amount of taxable income.
|
Income Tax Withholding
on Wages |
How an individual completes the federal withholding certificate, IRS Form W-4, is restricted. Individuals are not permitted to claim additional exemptions for their dependents with a few exceptions. |
Individuals are permitted to complete the IRS Form W-4 claiming their dependents as additional exemptions. |
Social Security and Medicare taxes on Wages |
Nonresidents in F-1, J-1, M-1, and Q-1 immigration status may be exempt from these taxes on wages if the performance of services as an employee of Indiana University is consistent with their primary purpose for visiting the U.S. |
Generally subject to these taxes unless the individual meets the student exception:
- regularly attending and enrolled at an eligible educational institution, and performing service for that same institution
- not employed in a “career” position eligible for benefits
Regularly attending and enrolled is defined as:
- Graduate: 4 credit hr Fall/Spring , 2 credit hr Summer , or Active Dissertation status with 1 hr G901 or dept equivalent
- Undergraduate: 6 credit hr Fall/Spring , 3 credit hr Summer
|
Tax Treaty Benefits |
The U.S. and certain countries have entered into agreements (income tax treaties) which allow the individual to avoid double taxation (taxed in the U.S. and their tax residence country). The U.S. tax withholding rate can be reduced or completely eliminated by applying for these benefits.
|
Indiana University does not provide tax treaty benefits for individuals that are resident aliens for tax purposes. If the tax treaty contains a savings clause that allows a resident alien to continue to benefit from the treaty, the individual will need to attempt the claim of those benefits on their income tax return.
|
Helpful Links
IRS:http://www.irs.gov/
Analyze your earning and taxes regularly (Onestart > Staff Tools > Payroll at the bottom left corner). A useful guide to understanding your paycheck is located at: http://www.fms.indiana.edu/payroll/pay_advice/payadvice.asp
FMS Customer Service 812-855-0375 or fill out an FMS Support Form
Document Information:
Filename: kb-274
Date: 08/16/2007
User: pjtaylor
|