ITIN For Non Resident Alien or US Resident Alien

Wondering how to get an ITIN for non-resident aliens or US resident aliens?

Now, to start talking about this first, you have to figure out which one are you. Are you a nonresident alien for tax purpose, or are you a US resident alien for tax purpose?

So to figure that out, the IRS has something called a US substantial presence test. It can be a confusing test in terms of how to calculate it, but I’ll try and do my best to explain it right now.

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How To Determine If You’re A Non Resident Or US Resident Alien

First, if you want to determine if you’re a nonresident or US resident alien for tax purposes for the year 2020, for example.

What they do is they take the last three years, so they’ll take 2020, 2019, 2018, and what they’ll do is they’ll tell you for 2020, look at how many days you were physically present in the US during that year. You take that number and you multiply by one and you have a total.

Then the second year, 2019, you do the same thing, but you multiply that by a third, and then you do the same thing for 2018, but you multiply that number by a sixth.

Now, these three numbers, after you’ve multiplied them by one and a third and a sixth, those three numbers, you take and you add them up together, and if that number is 183 or more, then you’re considered a US resident alien for tax purposes.

If that number is less than 183, you’re considered a non-resident alien for tax purpose.

Now, a key thing to note is the days that you’re counting as being physically present in the US during each of these years, if those days you were present in the US where you were on any of the specific type of visas, like an A visa, or a G visa or F, J, M or Q.

Then those you were physically present in US on those visas do not count towards this test. So that’s one thing to really make sure you keep in mind.

So those days don’t count towards a substantial presence test, which could skew it towards being a US resident or non-resident. So, got to keep that in mind, and you have to make sure you note that.

Also there’s a few other small exceptions that you got to note. If you’re a professional athlete and you’re only in the US for a charity event, then those days you were present in the US don’t count towards this test either, and a few other small things as well, too.

So that’s how you determine if you’re a non resident or a US resident alien for tax purposes. So we wanted to make sure that got really understood, because that’s often confusing.

It’s hard for people to understand, and they don’t know what the difference is. So that’s how you determine which one you are.

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How to Figure Out if You’re a Non-Resident Alien or a US Resident Alien

Now that you got that part determined, the next part that we want to discuss is, how does this affect your ITIN application and can prevent you from getting an ITIN. S

So, to answer the second question, being a nonresident, or being a US resident alien for tax purposes, if you’re either one, it’s fine. It does not prevent you from getting an ITIN or being able to apply for one.

All it determines is what information we need to provide, and also what documentation we need to provide, because for certain cases, if you’re a non resident, there’s different pieces of information and documentation we need to provide with the ITIN application to be able to get it issued by the IRS, and then for US resident cases, it’s the same thing.

In certain scenarios, there’s different information and different documentation needs to provide in order for the ITIN application to be completed properly, so that when we file it with the IRS, they can issue the item.

So this is where the non-resident and the US resident alien for tax purposes situation comes in in regards to your tax return and also your ITIN application.

Another thing too is, if you’re a nonresident, you’re not filling out a, for example, for the tax, you’re not filling out a 1040, you’re filling out a 1040NR, non-resident, and it’s a key thing to note too, because oftentimes you see people are were non-residents who think their US resident aliens, or vice versa, and they’re filling out the wrong tax return to, or they’re having the wrong tax return completed for them by their tax.

That’s often misunderstood as well, too. So, people are human and mistakes are made, but it’s a key thing to note and to understand the difference, because it does play a part in your ITIN application.

So once again, just because you’re a non resident or you’re a US resident, it doesn’t prevent you from being able to apply for an ITIN and get an ITIN issued.

It just dictates what information and what documentation needs to be provided for your ITIN application to be completed properly and so that it can be filed with the IRS to get your ITIN.

So we hope this article was informative. We hope it was helpful. It’s a very often misunderstood topic and question, so we hope it clarified some stuff for you guys.

What To Do Next

If you guys fall into this situation of being a non-resident or US resident alien for tax purpose, and you’re a non US citizen, and you’re looking to get your ITIN, don’t hesitate.

Go ahead and reach out to us at info@itin.com, if you have any questions, we’d love to answer them for you. If you’re ready to go ahead and apply for your ITIN, then go ahead and click the link below to start your ITIN application, and once your order forms completed.

Our team will go ahead and start working with you on your ITIN application case, get your documentation certified computer properly, and we’ll file it with the IRS to help you get your ITIN.

Start your ITIN application here: ITIN.com