Federal income tax, see Pub. 553, If you are a resident alien, the 1996
Privacy Act and Highlights of 1996 Tax Changes. Instructions for Form 1040, U.S.
Paperwork Reduction Earned Income Credit.— If you expect Individual Income Tax Return, will help
your 1997 investment income to be more you complete Form 1040-C.
Act Notice than $2,250, you cannot claim this credit. You can get copies of tax forms,
We ask for the information on this form to Social Security Numbers (SSNs) for instructions, and publications from the
carry out the Internal Revenue laws of the Dependents.— You must enter the SSN Internal Revenue Service. If you have a
United States. Internal Revenue Code of each dependent. If your dependent foreign address, send your order to either:
sections 6001, 6011, 6012(a), 6851, and does not have an SSN, see the Eastern Area Distribution Center, P.O.
their regulations require that you give us instructions for Part II on page 3. Box 25866, Richmond, VA 23286-8107,
the information. We need it to ensure that IRS Individual Taxpayer Identification USA; or Western Area Distribution
you are complying with these laws and to Numbers (ITINs).— The IRS will issue Center, Rancho Cordova, CA
allow us to figure and collect the right you an ITIN if you do not have and are 95743-0001, USA, whichever is closer.
amount of tax. not eligible to get a social security number Please order by publication or form
Routine uses of this information include (SSN). To apply for an ITIN, file Form number.
giving it to the Department of Justice for W-7 with the IRS. It usually takes about Alien Status Rules.— If you are not a
civil and criminal litigation and to cities, 30 days to get an ITIN. Enter your ITIN citizen of the United States, specific rules
states, and the District of Columbia to wherever your SSN is requested on apply to determine if you are a resident
carry out their tax laws. If you do not give your return. If you are required to include or nonresident alien. Intent is not
the information asked for, you may be another person's SSN on your return and important in determining your residency
charged penalties and, in certain cases, that person does not have and cannot get status. You are considered a resident
you may be subject to criminal an SSN, enter that person's ITIN. alien if you meet either the green card
prosecution. Former U.S. Citizens and Long-Term test or the substantial presence test.
You are not required to provide the Residents.— Special rules may apply to Even though you may otherwise meet the
information requested on a form that is figure the tax of U.S. citizens who substantial presence test, you will not be
subject to the Paperwork Reduction Act renounced their citizenship after February considered a U.S. resident if you qualify
unless the form displays a valid OMB 5, 1995, and former long-term permanent for the closer connection to a foreign
control number. Books or records relating residents who ceased to be taxed as U.S. country exception or you are able to
to a form or its instructions must be residents after that date if one of the qualify as a nonresident by reason of a
retained as long as their contents may principal purposes of the action was the tax treaty. These tests and the exception
become material in the administration of avoidance of U.S. taxes. See the Form are discussed in the instructions for
any Internal Revenue law. Generally, tax 1040NR instructions for details. Part I.
returns and return information are Increased Deductions.— The maximum
confidential, as required by Internal amount of the following deductions has Treaty Benefits
Revenue Code section 6103. increased. If you take the position that a treaty of the
The time needed to complete and file ● IRA deduction for the spouse with the United States overrides or modifies any
this form will vary depending on individual smaller compensation. provision of the Internal Revenue Code
circumstances. The estimated average ● Self-employed health insurance and that position reduces (or potentially
time is: Recordkeeping, 2 hr., 5 min.; deduction. reduces) your tax, you must file Form
Learning about the law or the form, 46 ● Section 179 expense deduction. 8833, Treaty-Based Return Position
min.; Preparing the form, 2 hr., 17 min.; Disclosure Under Section 6114 or
and Copying, assembling, and sending Long-Term Care Insurance.— Amounts
received under a qualified long-term care 7701(b), or similar statement, with your
the form to the IRS, 1 hr., 13 min. final U.S. income tax return. For more
insurance policy are excludable from
If you have comments concerning the income, subject to certain dollar limits. details, see Pub. 519.
accuracy of these time estimates or Also, amounts paid for long-term care
suggestions for making this form simpler, insurance that do not exceed certain Final Return Required
we would be happy to hear from you. You dollar limits and unreimbursed costs for
can write to the Tax Forms Committee, A Form 1040-C is not a final return. You
long-term care are treated as medical must file a final income tax return after
Western Area Distribution Center, Rancho expenses when figuring the itemized
Cordova, CA 95743-0001. Or, you can your tax year ends. If you are not a U.S.
deduction for medical expenses. citizen or resident on the last day of the
call the IRS with your suggestions at
1-800-829-9043 and leave a recorded year, file Form 1040NR, or Form
message 24 hours a day. DO NOT send Purpose of Form 1040NR-EZ, U.S. Income Tax Return for
the tax form to this address. Instead, see Form 1040-C is used by aliens who intend Certain Nonresident Aliens With No
How To Obtain the Certificate on to leave the United States to report Dependents, whichever applies. If you are
page 2. income they received or expect to receive a U.S. citizen or resident on the last day
for the entire year. of the year, you should file Form 1040.
Any tax you pay with Form 1040-C counts
If you are a nonresident alien, use the
General Instructions 1996 Instructions for Form 1040NR, U.S.
as a credit against tax on your final return.
Any overpayment shown on Form 1040-C
Nonresident Alien Income Tax Return. will be refunded only if and to the extent
Changes To Note Also, Pub. 519, U.S. Tax Guide for Aliens, your final return for the tax year shows an
and Pub. 901, U.S. Tax Treaties, will be overpayment.
For more information on these and other helpful in filling in Form 1040-C.
changes that may affect your 1997
Page 2
joint return at the normal close of the tax In general, an exempt individual is an instructions for Schedules A and B. If you
period for which the return is made. individual who is a: (a) foreign are a nonresident alien in the United
2. If the tax period of the alien is government or international States for study or training, see Pub. 519.
terminated, the tax periods of both organization-related individual, (b)
spouses are terminated at the same time. teacher or trainee, (c) student, or (d) Part II—Exemptions
If a joint return is filed on Form 1040-C, professional athlete who is temporarily
present in the United States to compete If you are a resident alien, you may claim
both spouses should enter their names, the same exemptions allowed U.S.
social security numbers, and passport or in a charitable sports event.
Note: If you qualify to exclude days of citizens on Form 1040.
alien registration card numbers in the
space provided on page 1 of the form. presence in the United States because Nonresident aliens of Canada, India,
Also, both spouses should include their you are an exempt individual or because Mexico, Japan, the Republic of Korea, or
income and furnish the information of a medical condition or problem, file U.S. nationals (American Samoans)
requested in Part I of the form. If Form 8843, Statement for Exempt engaged in a trade or business in the
necessary, a separate Part I should be Individuals and Individuals With a Medical United States may claim the same
completed for each spouse. Condition, or similar statement, with your number of exemptions they are entitled to
final income tax return. This rule does not on Form 1040NR. All other nonresident
apply to foreign government or aliens engaged in a U.S. trade or
Part I—Explanation of international organization-related business may claim only one exemption.
Status—Resident or individuals who exclude days of presence For more details, see Pub. 519 or the
Nonresident Alien in the United States. Form 1040NR instructions.
Closer connection to a foreign If you are a nonresident alien not
Generally, you are considered a resident engaged in a trade or business in the
alien if you meet either the green card test country exception. Even though you
would otherwise meet the substantial United States, you cannot take any
or the substantial presence test for 1997. personal exemptions on income that is not
You are considered a nonresident alien presence test, you are not treated as a
U.S. resident for 1997 if you: (a) were effectively connected with a U.S. trade or
for the year if you do not meet either of business.
these tests. For more details on resident present in the United States for fewer than
183 days during 1997, and (b) establish Dependent's SSN.— Enter each
and nonresident status, see Pub. 519. dependent's SSN in column (2) of line
that during 1997 you had a tax home in
Green Card Test.— You are a resident a foreign country and had a closer 14c. Your dependent can get an SSN by
for tax purposes if you are a lawful connection to that country than to the filing Form SS-5 with a Social Security
permanent resident of the United States United States. Administration office.
at any time during 1997. You are a lawful
permanent resident of the United States Note: If you meet this exception, file
if you have been given the privilege, Form 8840, Closer Connection Exception Part III—Figuring Your
according to the immigration laws, of Statement for Aliens, or a similar Income Tax
residing permanently in the United States statement, with your final income tax
return. Read the descriptions on line 1 of Form
as an immigrant. You generally have this 1040-C for Groups I, II, and III to see
status if the Immigration and Dual-Status Tax Year.— Generally, if
you leave the United States during the which group applies to you. If Group I or
Naturalization Service (INS) has issued II applies, use lines 15-24 to figure your
you an alien registration card also known year with no intent to return, you have a
dual-status tax year and are subject to tax. If Group III applies, use lines 25 and
as a “green card.” 26 to figure your tax. If you are a
Substantial Presence Test.— You are dual-status restrictions in completing
Form 1040-C. A dual-status tax year is nonresident alien and both Groups II and
considered a U.S. resident if you meet the III apply, use lines 15-26 to figure your
substantial presence test for 1997. You one in which you have been both a
resident alien and a nonresident alien. In tax.
meet this test if you were physically Line 16—Adjustments.— If you are a
present in the United States for at least: figuring your income tax liability, different
U.S. income tax rules apply to each resident alien, you can take the
(a) 31 days during 1997, and (b) 183 days adjustments allowed on Form 1040. The
during the period 1997, 1996, and 1995, status. See Pub. 519.
Income Effectively Connected With a Form 1040 instructions have information
counting all the days of physical presence on adjustments you may take.
in 1997 but only 1/3 the number of days of U.S. Trade or Business—Nonresident
Aliens.— If you are a nonresident alien, If you are a nonresident alien and have
presence in 1996 and only 1/6 the number
the tax on your income depends on income effectively connected with a U.S.
of days in 1995.
whether the income is or is not effectively trade or business, you may take the
Days of presence in the United adjustments allowed on Form 1040NR.
States. Generally, you are treated as connected with a U.S. trade or business.
Income effectively connected with a See the Form 1040NR instructions.
present in the United States on any day If you are a nonresident alien with
that you are physically present in the U.S. trade or business (including wages
earned by an employee) is taxed at the income not effectively connected with a
country at any time during the day. U.S. trade or business, you cannot take
However, you do not count the following graduated rates that apply to U.S. citizens
and resident aliens. Income you receive any adjustments.
days of presence in the United States for
purposes of the substantial presence test. as a partner in a partnership or as a Line 19—Additional Taxes.— Enter on
● Days you regularly commuted to work beneficiary of an estate or trust is line 19 any tax from Form 4972, Tax on
considered effectively connected with a Lump-Sum Distributions, and Form
in the United States from a residence in 8814, Parents' Election To Report Child's
Canada or Mexico. U.S. trade or business if the partnership,
estate, or trust conducts a U.S. trade or Interest and Dividends.
● Days you were in the United States for
business. Line 21—Credits.— If you are a resident
less than 24 hours when you were alien, you may claim the same credits as
traveling between two places outside the Income from U.S. sources that is not
effectively connected with a U.S. trade or on Form 1040. If you are a nonresident
United States. alien with income effectively connected
● Days you were unable to leave the
business is generally taxed at 30%. Your
rate may be lower if the country of which with a U.S. trade or business, you may
United States because of a medical you are a citizen or resident and the generally deduct the same credits as on
condition or medical problem that United States have a treaty setting lower Form 1040NR.
developed while you were in the United rates. See Pub. 901 for more details. Line 23—Other Taxes.— Enter on line
States. 23 any other taxes such as those listed
● Days you were an exempt individual.
For a listing of the types of income not
considered effectively connected with a on the next page. See the instructions for
U.S. trade or business, see the
Page 3
Forms 1040 or 1040NR for information on Signature 1. Interest on bank deposits or
the additional taxes to include on this line. withdrawable accounts with savings and
● Self-employment tax. Use Schedule Form 1040-C is not considered a valid loan associations or credit unions that are
SE (Form 1040), Form 1040-PR, or Form return unless you sign it. If an agent chartered and supervised under Federal
1040-SS to figure your self-employment (including your spouse) signs for you, or state law, or amounts held by an
tax. This tax applies only to resident your authorization of the signature must insurance company under an agreement
aliens. The self-employment tax rate for be filed with the return. You may have an to pay interest on them, if the income is
1997 is 15.3%. This includes a 2.9% agent in the United States prepare and not effectively connected with a U.S. trade
Medicare tax and a 12.4% social security sign your return if you are sick or or business. Also, certain portfolio interest
tax. For 1997, the maximum amount of otherwise unable to sign. However, you on obligations issued after July 18, 1984.
self-employment income subject to social must have IRS approval to use an agent.
2. Your personal service income if you:
security tax is $65,400. There is no limit To obtain approval, file a statement with
● Were in the United States 90 days or
on the amount of self-employment income the IRS office where you file Form 1040-C
explaining why you cannot sign. less during the tax year,
subject to the Medicare tax. ● Received $3,000 or less for your
● Alternative minimum tax. Use Form Paid Preparers Must Sign. Generally,
anyone you pay to prepare your return services, and
6251, Alternative Minimum ● Performed the services as an employee
Tax—Individuals, to figure the tax. must sign it by hand in the space
provided. Signature stamps or labels of or under contract with a nonresident
● Tax on accumulation distribution of
cannot be used. The preparer must also alien individual, foreign partnership, or
trusts. Use Form 4970 to figure the tax. foreign corporation, not engaged in a U.S.
give you a copy of the return for your
● Tax from recapture of investment trade or business; or for a foreign office
records. Someone who prepares your
credit. Use Form 4255 to figure the tax. return but does not charge you should not of a U.S. partnership, corporation, citizen,
● Tax from recapture of low-income sign your return. or resident.
housing credit. Use Form 8611 to figure If you have questions about whether a 3. Capital gains not effectively
the tax. preparer is required to sign your return, connected with a U.S. trade or business
● Tax from recapture of Federal please contact an IRS office. if you were in the United States fewer
mortgage subsidy. Use Form 8828 to than 183 days during the tax year.
figure the tax. Schedule A—Income However, the gain or loss on the
● Tax from recapture of qualified disposition of a U.S. real property interest
electric vehicle credit. For details on Line 1, Column (d).— Resident aliens is not exempt.
how to figure the tax, see Pub. 535, should include income that would be 4. U.S. bond income. Your income from
Business Expenses. included on Form 1040, such as wages, series E, EE, H, or HH U.S. savings
● Tax from recapture of the Indian salaries, interest, dividends, rents, bonds that you bought while a resident of
employment credit. alimony, etc. the Ryukyu Islands (including Okinawa)
Line 26—Tax.— Enter 30% of the Line 1, Column (e).— Enter nonresident or the Trust Territory of the Pacific Islands
amount on line 25. If you are entitled to a alien income effectively connected with a (Caroline and Marshall Islands).
lower rate because of a treaty between U.S. trade or business. 5. Qualifying annuities. Annuities you
your country and the United States, attach Line 1, Column (f).— Enter nonresident received from qualifying annuity plans or
a statement showing your computation. alien income not effectively connected trusts under both the following conditions:
Line 28—U.S. Income Tax Paid or with a U.S. trade or business, including: ● The work done that entitles you to the
● Interest, dividends, rents, salaries, annuity was done either in the United
Withheld at Source.— Enter the amount
from Schedule A, line 4, column (c), or wages, premiums, annuities, States for a foreign employer or outside
amounts withheld as shown on Forms compensation, remuneration, and other the United States, and
W-2, W-2G, 8288-A, 1099-R, 1042-S, fixed or determinable annual or periodic ● When the first amount was paid as an
8805, etc. gains, profits, and income. annuity, at least 90% of the employees
● Prizes, awards, and certain gambling covered by the plan (or plans that
Line 30—Other Payments.— Include on
line 30 any of the following payments. See winnings. Proceeds from lotteries, raffles, included the trust) were U.S. citizens or
the instructions for Form 1040 or 1040NR etc., are gambling winnings. You must residents.
for details on other payments to include report the full amount of your winnings. Certain items of income may be exempt
on this line. You cannot offset losses against winnings from Federal tax by a tax treaty. For more
● Earned income credit. Enter any
and report the difference. details, see Pub. 901.
● Eighty-five percent of the U.S. social
earned income credit that is due you.
● U.S. income tax paid at previous security benefits you receive are taxable. Schedule B—Gains and
departure during the tax period. Enter This amount is treated as U.S. source
any tax you paid during the tax period income not effectively connected with a Losses From Sales or
when you previously departed the United U.S. trade or business and is subject to Exchanges of Nonresidents'
the 30% tax rate, unless exempt or taxed
States.
at a reduced rate under a U.S. tax treaty. Property Not Effectively
● Excess social security and RRTA tax
Social security benefits include any Connected With a U.S. Trade
withheld. If you had two or more monthly benefit under title II of the Social
employers in 1997 who together paid you or Business
Security Act or part of a tier 1 railroad
more than $65,400 in wages, too much retirement benefit treated as a social If you are a nonresident alien, use
social security tax and tier 1 railroad security benefit. They do not include any Schedule B to figure your gain or loss
retirement (RRTA) tax may have been supplemental security income (SSI) from the sale or exchange of property not
withheld. See Pub. 505, Tax Withholding payments. effectively connected with a U.S. trade or
and Estimated Tax. For 1997, the business. Include the following types of
maximum social security tax and tier 1 Exempt Income for Nonresident
Aliens.— The following income received income. For more details on these types
RRTA tax is $4,054.80. of income, see Pub. 519 and the
by a nonresident alien is exempt from
● Credit for Federal tax paid on fuels.
U.S. tax. Instructions for Form 1040NR.
Use Form 4136 to figure the credit.
Page 4
Income Other Than Capital Gains.— Schedule C—Itemized Schedule D—Tax
Gains on the disposal of timber, coal, or
U.S. iron ore with a retained economic Deductions Computation
interest. If you are a resident alien, you can take
Gains from the sale or exchange of the deductions allowed on Schedule A of Standard Deduction (Group I only)
patents, copyrights, secret processes and Form 1040. See the Schedule A (Form If you do not itemize your deductions, you
formulas, goodwill, trademarks, trade 1040) instructions. may take the 1997 standard deduction
brands, franchises, and other like If you are a nonresident alien and have listed below:
property, or of any interest in any such income effectively connected with a U.S. Filing Standard
property. The gains must result from trade or business, you can take the Status Deduction
payments for the productivity, use, or deductions allowed on Schedule A of Married filing jointly or
disposition of the property or interest. Form 1040NR. See the Schedule A (Form Qualifying widow(er) ................................... $6,900*
Original issue discount (OID). If you 1040NR) instructions. If you do not have Head of household...................................... $6,050*
Single .......................................................... $4,150*
sold or exchanged the obligation, include income effectively connected with a U.S. Married filing separately.............................. $3,450*
only the OID that accrued while you held trade or business, you cannot take any *To these amounts, add the additional amount below.
the obligation minus the amount deductions.
previously included in income. If you Note: Nonresident aliens of India who Additional Amount for the Elderly or
received a payment on the obligation, see were students or business apprentices the Blind.— An additional standard
Pub. 519. may be able to take the standard deduction amount of $800 is allowed for
Capital Gains.— Capital gains in excess deduction. See Pub. 519 for details. a married individual (whether filing jointly
of capital losses if you were in the United Line 2.— If the amount on Form 1040-C, or separately) or a qualifying widow(er)
States at least 183 days during the year. line 17, is over $121,200 (over $60,600 if who is age 65 or older or blind ($1,600 if
However, the gain or loss on the married filing separately), use the the individual is both age 65 or older and
disposition of a U.S. real property interest worksheet on this page to figure the blind, $3,200 if both spouses are age 65
is considered effectively connected and amount to enter on line 2. or older and blind). An additional standard
should be shown on Schedule A. deduction amount of $1,000 is allowed for
an unmarried individual (single or head
of household) who is age 65 or older or
blind ($2,000 if the individual is both age
65 or older and blind).
Note: If you will turn age 65 on January
1, 1998, you are considered to be age 65
for 1997.
Limited Standard Deduction for
Dependents.— If you can be claimed as
a dependent on another person's 1997
return, your standard deduction is the
greater of $650 or your earned income,
up to the standard deduction amount. To
this amount add any additional amount for
the elderly or the blind.
Page 5
Deduction for Exemptions Worksheet (keep for your records)
Is the amount on Schedule D, line 1 or line 7, more than the amount shown on line 3 below for
your filing status?
No. Stop. Multiply $2,650 by the total number of exemptions claimed on Form 1040-C, line
14d, and enter the result on Schedule D, line 4 or line 10, whichever applies.
Yes. Complete this worksheet to figure your deduction for exemptions.
1. Multiply $2,650 by the total number of exemptions claimed on Form 1040-C,
line 14d 1.
2. Enter the amount from Schedule D, line 1 or line 7 2.
3. Enter the amount shown below for your filing status:
%
● Married filing separately, enter $90,900
● Single, enter $121,200
3.
● Head of household, enter $151,500
● Married filing jointly or Qualifying widow(er), enter
$181,800
4. Subtract line 3 from line 2. If zero or less, stop here; enter
the amount from line 1 above on Schedule D, line 4 or
line 10 4.
Note: If line 4 is over $122,500 (over $61,250 if married
filing separately), stop here; you cannot take a deduction
for exemptions. Enter -0- on Schedule D, line 4 or line
10.
Schedule X—Single Taxpayers (Groups I and II) Schedule Z—Head of Household (Group I only)
If the amount on Schedule If the amount on Schedule
D, line 5 or 11, is: The tax is: D, line 5, is: The tax is:
of the of the
but not amount but not amount
Over— over— over— Over— over— over—
$0 $24,650 ----- 15% $0 $0 $33,050 ----- 15% $0
24,650 59,750 $3,697.50 + 28% 24,650 33,050 85,350 $4,957.50 + 28% 33,050
59,750 124,650 13,525.50 + 31% 59,750 85,350 138,200 19,601.50 + 31% 85,350
124,650 271,050 33,644.50 + 36% 124,650 138,200 271,050 35,985.00 + 36% 138,200
271,050 ----- 86,348.50 + 39.6% 271,050 271,050 - - - - - 83,811.00 + 39.6% 271,050
Page 6