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US Tax Filing and Compliance

Difference Between Residents And Non-Residents Aliens And Their Taxes

Vikram AgrawalBy Vikram Agrawal |Last Updated: December 26, 2025
Difference Between Residents And Non-Residents Aliens And Their Taxes
    1. US Tax Filing and Compliance
    2. Difference Between Residents And Non-Residents Aliens And Their Taxes
    3. Reading Time: 7 mins
    Categories
    • NRI Income Tax & Compliance
    • PAN Card
    • NRI Banking Services
    • US Tax Filing and Compliance
    • US Tax Forms
    • NRI Returning to India
    • Investment & Financial Planning
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    Frequently Asked Questions

    No matter what your source of income is, we've got you covered. There’s a plan for everybody!

    Resident aliens use Form 1040 to file their tax returns. This is the same form used by U.S. citizens. Resident aliens are required to report both domestic and foreign income. 

    Whereas non-resident aliens file Form 1040-NR or Form 1040NR-EZ. They are only required to report the U.S.-sourced income. At the same time, dual-status aliens who change their status mid-year may require special tax filing treatment. 

    Resident aliens are taxed on their global income, like domestic salaries, wages, pensions, and investments. These individuals can also use tax credits and exclusions to reduce their tax, such as he foreign tax credit and foreign earned income exclusion. 

    Whereas the non-resident aliens are taxed on the income they have earned in the US. However, the investment income can be taxed at the flat rate of 30% unless the respective tax treaty reduces it. 

    A dual status alien is an individual whose tax residency changes within the same year. For example, starting as a non-resident alien and becoming a resident alien by mid-year. Such individuals are required to file a dual status return, which is quite complicated.

    Yes, a non-resident alien can be chosen as a resident alien if they are married to a US citizen or resident and file a joint return. 

    The election must be made on your tax forms. 

    Your tax status is affected by it:

    • The alien status determines which tax form you will file. For the resident alien and the non-resident alien, the tax return form is different.
    • The source income of both entities is different. 
    • Eligibility criteria for the deduction, exemption, and credits are different. 

    Yes, the tax residency is determined independently, regardless of your immigration status. If you are in the US on an immigrant visa like F-1 or J-1, then you can be treated as a resident alien for tax purposes only if you pass the substantial presence test.