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1 1 Introduction Work Authorization Taxpayer Identification Numbers U.S. Tax Residency Rules Residency Status Based on U.S. Presence U.S. Days That Do Not Count Two-out-of-Seven Calendar-Year Rule... 5 (a) Prior Visits in F, M, J, or Q Status... 5 (b) Rules for Dependents in J-2 Derivative Status Nonresidency Under the Closer Connection Exception Nonresidency Status Based on an Income Tax Treaty Residency Start and Termination Dates Residency Start Date... 9 (a) The 10-Day de Minimis Rule... 9 (b) Residency Start Date Under an Income Tax Treaty Tax Residency Elections (a) The First-Year Choice Election (b) Full-Year Residency Elections Residency Termination Date (a) Closer Connection Exception (b) Limitations Based on a Subsequent Year s Residency Status (c) Residency Termination Dates Under an Income Tax Treaty Changing to Another Immigration Status Changes to H-1B Status Changes to F-1 or J-1 Student Status Federal Income Tax Rules J-1 Nonstudents Performing U.S. Services v
2 5.1 Tax Rules for Tax Nonresidents (a) U.S.-Source Income (b) Effectively Connected Income Tax Rules for Tax Residents (a) Currency Translations (b) Sales of Assets Denominated in a Foreign Currency (c) Rental of Foreign Real Estate (d) Sale of a Principal Residence (e) Avoidance of Double Taxation (f) Disclosure of Foreign Financial Accounts Tax Rules for Dual-Status Aliens Stock Ownership in a Foreign Corporation Income Tax Treaty Benefits How Tax Treaties Work Fellowship Grant vs. Compensation (a) Nonservice Fellowship Grants (b) Recipient of Grants Defined (c) Impact of Change in Status to H-1B Student/Trainee Articles (a) Compensation Paid by a U.S. Employer (b) Governmental Technical Assistance Programs (c) Compensation Paid by an Employer Resident in the Treaty Country (d) Residency Election (e) Grant, Allowance, or Award Teacher/Researcher Articles (a) Institution Where Teaching or Research Takes Place (b) Article Limitations (c) Successive Treaty Article Claims (d) Combined Benefit Periods (e) Back-to-Back Limitations (f) Public Benefit Requirement vi J-1 Nonstudents Performing U.S. Services
3 6.5 Income from Self-Employment Article Income from Employment Article State Income Taxes Domicile Residence State Tax Rules Income Tax Treaty Exemptions Withholding and Reporting Benefits in Kind (a) Temporarily-Away-From-Home Expenses vs. Relocation Expenses (b) Tax Home (c) Temporarily-Away-From-Home Expenses (d) Per Diems (e) Company-Provided Automobiles (f) Travel Grants (g) Moving Expenses (h) Immigration Fees Special Withholding Rules for Tax Nonresidents (a) Residency Change Year (b) Residency Elections Treaty-Exempt Income (a) Form 8233 for Tax Nonresidents Treaty Claims (b) Form W-8BEN for Nonservice Grants (c) Form W-9 for Tax Residents Treaty Claims (d) Taxpayer Identification Number Requirement (e) Form 1042 and 1042-S Requirements (f) Coordination with Form W-2 Reporting Social Security and Medicare Taxes (a) Section 218 Agreement (b) Exception for Certain Tax Nonresidents (c) Exemption from Tax Under an Income Tax Treaty State Income Taxes J-1 Nonstudents Performing U.S. Services vii
4 9 J-1 Nonstudents Paid by a Foreign Employer Section 872(b)(3) Exceptions (a) Income Tax Exemptions (b) Four-out-of-Seven calendar-year Rule Commercial Traveler Exception Social Security and Medicare Taxes (a) Exception for Certain Tax Nonresidents (b) Exemption from Tax Under a Social Security Agreement U.S. Tax Returns Sailing Permit Requirement Federal Tax Return (a) Nonresident Tax Return (b) Resident Tax Return (c) Dual-Status Tax Return Treaty Claims (a) Tax Nonresidents (b) Dual Residents (c) Tax Residents State Tax Returns Individual Taxpayer Identification Numbers Individuals Eligible for ITINs Documentation Requirements Application Submission Procedures (a) Submissions with Tax Returns (b) Tax-Return Extensions (c) Exceptions to the Tax-Return Submission Procedures Acceptance Agents Acceptance Agent Application Procedures Resources Websites The Internal Revenue Service (IRS) Website, 75 viii J-1 Nonstudents Performing U.S. Services
5 The Social Security Administration (SSA) Website, 75 NAFSA: Association of International Educators, 75 The U.S. Department of State (DOS) Bureau of Education and Cultural Affairs Website, 76 Windstar Technologies, Inc. (Windstar), IRS Publications Publication 15, Circular E, Employer s Tax Guide Publication 463, Travel, Entertainment, Gift, and Car Expenses Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities Publication 519, U.S. Tax Guide for Aliens Publication 521, Moving Expenses Publication 901, U.S. Tax Treaties Other Helpful Publications Index J-1 Nonstudents Performing U.S. Services ix
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