Form 1040-NR, U.S. Nonresident Alien Income Tax Return is selected at the beginning of the tax return preparation process. From the Main Menu of TaxSlayer Pro select:
- Start a New Return
- Enter the Taxpayer's SSN or ITIN - Select YES to create a new return, or pull the information forward from last year
- From the Filing Status Menu, select Form 1040NR Program
NOTE: Because of the substantial differences between Form 1040 and Form 1040-NR, once a Form 1040 return has been started for a client, it cannot be switched to a Form 1040-NR (and vice versa). If you create either return in error, you will need to remove the return entirely and start a new return using the correct form. Click here for instructions on how to remove a client from TaxSlayer Pro.
Requirements for Filing Form 1040-NR/1040-NR-EZ
Most nonresident aliens present in the United States for a short period of time qualify to file Form 1040-NR-EZ, however some must file Form 1040-NR for their nonresident tax returns.
Form 1040-NR must be filed by nonresident aliens if any of the following apply:
- The taxpayer engaged in a trade or business, even if they had no income or their income is exempt from US tax under the I.R.C. or under a tax treaty.
- The taxpayer owes taxes such as AMT, additional tax on a qualified plan, household employment taxes, Social Security and Medicare tax on unreported tips or on wages where these taxes weren't withheld, certain other write-in taxes or recapture taxes, or recapture of first-time homebuyer credit;
- The taxpayer received a distribution from an HSA, Archer MSA, or Medicare Advantage MSA.
- The taxpayer had net earnings from self-employment of at least $400 and is a resident of a country with whom the US has an international social security agreement;
- The taxpayer received Advanced Premium Tax Credits indicated on Form 1095-A;
- Advance payments of the health coverage tax credit were made for the taxpayer, and/or the taxpayer's spouse or dependent(s), as indicated on From 1099-H;
- The taxpayer is the executor or administrator for a deceased individual who would have had to file a From 1040-NR;
- The taxpayer represents an estate or trust that has to file Form 1040-NR;
- The taxpayer held a qualified investment in a qualified opportunity fund;
- The taxpayer is claiming dependents;*
- The taxpayer received taxable interest, taxable dividends, royalties, or capital gains from U.S. stocks;
- The taxpayer received income on Form 1099 as an independent contractor;
- The taxpayer received Social Security benefits, or pension or annuity income
- The taxpayer received gambling income, or has additional adjustments to income
*(Residents of Canada, Mexico, South Korea and students or business apprentices from India are the only nonresident aliens eligible to claim dependents).
Form 1040-NR-EZ may be filed instead of Form 1040-NR if all of these requirements are met.
- The taxpayer is not claiming any dependents; If the taxpayer is married, they did not claim an exemption for their spouse
- The taxpayer cannot be claimed as a dependent on another person's U.S. tax return
- The taxpayer's only U.S. source income was from wages, salaries, tips, refunds of state and local income taxes, and scholarship or fellowship grants
- The taxpayer's taxable income is less than $100,000
- The only exclusion taken is the exclusion for scholarship and fellowship grants, and the only adjustment taken is the student loan interest deduction
- The taxpayer does not claim any tax credits
- The only itemized deduction taken is for state and local income taxes
- The only taxes the taxpayer owes are:
- The tax from the Tax Table in the instructions for Form 1040-NR-EZ or
- Unreported social security and Medicare tax from Forms 4137 or 8919