2003 Tax Help Archives  
Publication 513 2003 Tax Year

Publication 513
Introductory Material

This is archived information that pertains only to the 2003 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.

Introduction

This publication is for visitors to the United States. If you have income from sources within the United States, you may have to file a U.S. income tax return even if you are only visiting this country. For purposes of this publication, a “visitor to the United States” is a “nonresident alien.” This publication summarizes the requirements of U.S. income tax law relating to nonresident aliens and is for nonresident aliens only.

You are a nonresident alien unless you are either a U.S. citizen or a resident of the United States. To be a resident of the United States, you must meet either the substantial presence test or the green card test.

Substantial presence test.

You meet the substantial presence test if you are physically present in the United States on at least:

  1. 31 days during the current year, and
  2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:

    1. All the days you were present in the current year, and
    2. 1/3 of the days you were present in the first year before the current year, and
    3. 1/6 of the days you were present in the second year before the current year.

For more information about the substantial presence test, see Publication 519, U.S. Tax Guide for Aliens.

Green card test.

You meet the green card test if you are a lawful permanent resident of the United States. You generally have this status if you have been issued an alien registration card, also known as a “green card.” You continue to be a resident under this test unless the status is taken away from you or is determined to have been abandoned. For more information about the green card test, see Publication 519.

Dual-status alien.

You can be both a nonresident alien and a resident of the United States during the same tax year. This usually occurs in the year you arrive in or depart from the United States. Aliens who have dual status should see chapter 6 of Publication 519 for information on filing a return for a dual-status tax year.

Caution

Under U.S. immigration law, most visitors who come to the United States are not allowed to work here. You must check with U.S. Citizenship and Immigration Services (USCIS) before getting a job.

Comments and suggestions.

We welcome your comments about this publication and your suggestions for future editions.

You can e-mail us at *taxforms@irs.gov. Please put “Publications Comment” on the subject line.

You can write to us at the following address:


Internal Revenue Service
Individual Forms and Publications Branch
SE:W:CAR:MP:T:I
1111 Constitution Ave. NW
Washington, DC 20224

We respond to many letters by telephone. Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence.

Useful Items - You may want to see:

Publication

  • 519 U.S. Tax Guide for Aliens

Form

  • W–4 Employee's Withholding Allowance Certificate
  • W–7 Application for IRS Individual Taxpayer Identification Number
  • 1040–C U.S. Departing Alien Income Tax Return
  • 1040NR U.S. Nonresident Alien Income Tax Return
  • 1040NR–EZ U.S. Income Tax Return for Certain Nonresident Aliens With No Dependents
  • 1040–ES (NR) U.S. Estimated Tax for Nonresident Alien Individuals
  • 2063 U.S. Departing Alien Income Tax Statement
  • 4868 Application for Automatic Extension of Time To File U.S. Individual Income Tax Return

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