Bona fide residence. A new alternative to the 183-day rule of the presence test has been added. See item (2) under Presence Test on page 3. This change is effective for 2006 and later tax years (tax years ending after January 31, 2006). If you are using the presence, tax home, and closer connection tests to determine bona fide residence for either the 2004 or 2005 tax year as permitted by the effective date of the final regulations under section 937, then you may apply this change to those years as well.

New reporting for bona fide residents of the U.S. Virgin Islands. If you claim to be a bona fide resident of the U.S. Virgin Islands and have $75,000 or more of gross income, you may file a U.S. Form 1040 and attach a bona fide residence-based return position statement to start the U.S. statute of limitations on assessment. This applies to tax years ending on or after December 31, 2006. You can also choose to apply this requirement to tax years ending before December 31, 2006. A person claiming to be a bona fide resident of the U.S. Virgin Islands with less than $75,000 of gross income generally does not need to make a U.S. filing to start the U.S. statute of limitations. For details, see Reporting a USVI Bona Fide Residence-Based Return Position in chapter 1.

Possession source income. Generally, income earned after October 22, 2004, is not U.S. possession source income if it is treated as income from sources in the United States or if it is effectively connected with a U.S. trade or business. For more information, see chapter 2.

Reporting a change in residence. Beginning with tax year 2001, you may be required to file Form 8898, Statement for Individuals Who Begin or End Bona Fide Residence in a U.S. Possession. The penalty for failure to provide the required information is $1,000. For details, see Reporting a Change in Bona Fide Residence in chapter 1.

Third party designee. You can check the “Yes” box in the “Third Party Designee” area of your U.S. income tax return to authorize the IRS to discuss your U.S. income tax return with a friend, family member, or any other person you choose. This allows the IRS to call the person you identified as your designee to answer any questions that may arise during the processing of your return. It also allows your designee to perform certain actions. See your income tax package for details.

IRS individual taxpayer identification numbers (ITINs) for aliens. If you are a nonresident or resident alien and you do not have and are not eligible to get a social security number (SSN), you must apply for an ITIN. For details on how to do so, see Form W-7, Application for IRS Individual Taxpayer Identification Number, and its instructions. It usually takes 4-6 weeks to get an ITIN. If you already have an ITIN, enter it wherever your SSN is requested on your tax return.

Earned income credit (EIC). Generally, if you are a bona fide resident of a U.S. possession, you cannot claim the EIC on your U.S. tax return. However, certain U.S. possessions may allow bona fide residents to claim the EIC on their possession tax return. To claim the EIC on your U.S. tax return, your home (and your spouse's if filing a joint return) must have been in the United States for more than half the year. If you have a child, the child must have lived with you in the United States for more than half the year. For this purpose, the United States includes only the 50 states and the District of Columbia. Special rules apply to military personnel stationed outside the United States. For more information on this credit, see Publication 596, Earned Income Credit (EIC).

Change of address. If you change your mailing address, be sure to notify the Internal Revenue Service using Form 8822, Change of Address. Mail it to the Internal Revenue Service Center for your old address (addresses for the Service Centers are on the back of the form).

Photographs of missing children. The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child.

This publication discusses how to treat income received from the following U.S. possessions on your tax return(s).

Unless stated otherwise, when the term “possession” is used in this publication, it includes the Commonwealths of Puerto Rico and the Northern Mariana Islands.

Chapter 1 discusses the requirements for being considered a bona fide resident of the listed possessions.

Chapter 2 gives the rules for determining if your income is from sources within, or effectively connected with a trade or business in, those possessions.

Next, chapter 3 looks at the rules for filing tax returns when you receive income from any of these possessions. You may have to file a U.S. tax return only, a possession tax return only, or both returns. This generally depends on whether you are a bona fide resident of the possession. In some cases, you may have to file a U.S. return, but will be able to exclude income earned in a possession from U.S. tax. You can find illustrated examples of some of the additional forms required in chapter 5.

If you are not a bona fide resident of one of the above possessions, or are otherwise required to file a U.S. income tax return, the information in chapter 4 will tell you how to file your U.S. tax return. This information also applies if you have income from U.S. insular areas other than the five possessions listed above because that income will not qualify for any of the exclusions or other benefits discussed in chapter 3. These other U.S. insular areas include:

If you need additional information on your tax obligations in a U.S. possession, write to the tax department of that possession. Their addresses are provided in chapter 3 under the individual headings for each possession.

You can get the necessary possession tax forms at the tax office for the appropriate possession. The office addresses are given in chapter 3.