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Line Instructions for Form 1040NR

Name, Address, and Identifying Number

Name.   If you are filing Form 1040NR for an estate or trust, enter the name of the estate or trust. Attach a statement to Form 1040NR with your name, title, address, and the name and address of any U.S. grantors and beneficiaries. If you are filing Form 1040NR for an estate or trust engaged in a trade or business in the United States during 2008, give the names and addresses of all beneficiaries.

P.O. box.   Enter your box number only if your post office does not deliver mail to your home.

Foreign address.   Enter the information in the following order: City, province or state, and country. Follow the country's practice for entering the postal code. Do not abbreviate the country name.

Identifying number.   If you are an individual, you generally are required to enter your social security number (SSN). To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local Social Security Administration (SSA) office or call the SSA at 1-800-772-1213. You can also download Form SS-5 from the SSA's website at www.socialsecurity.gov/online/ss-5.html. You must visit an SSA office in person and submit your Form SS-5 along with original documentation showing your age, identity, immigration status, and authority to work in the United States. If you are an F-1 or M-1 student, you also must show your Form I-20. If you are a J-1 exchange visitor, you also will need to show your Form DS-2019. Generally, you will receive your card about 2 weeks after the SSA has all the evidence and information it needs.

   If you do not have and are not eligible to get an SSN, you must apply for an individual taxpayer identification number (ITIN). For details on how to do so, see Form W-7 and its instructions. It usually takes about 4 to 6 weeks to get an ITIN.

  If you already have an ITIN, enter it wherever your SSN is requested on your tax return. If you are required to include another person's SSN on your return and that person does not have and cannot get an SSN, enter that person's ITIN.

Note.

An ITIN is for tax use only. It does not entitle you to social security benefits or change your employment or immigration status under U.S. law.

  If you are filing Form 1040NR for an estate or trust, enter the employer identification number (EIN) of the estate or trust. For details on how to get an EIN, see Form SS-4, Application for Employer Identification Number, and its instructions.

  An incorrect or missing identifying number may increase your tax or reduce your refund.

Entry visa.   Enter the type of U.S. visa (for example, F-1, J-1, M-1, etc.) you used to enter the United States.

Filing Status

The amount of your tax depends on your filing status. Before you decide which box to check, read the following explanations.

Were you single or married?   If you were married on December 31, consider yourself married for the whole year. If you were single, divorced, or legally separated under a decree of divorce or separate maintenance on December 31, consider yourself single for the whole year. If you meet the tests described under Married persons who live apart below, you may consider yourself single for the whole year.

  If your spouse died in 2008, consider yourself married to that spouse for the whole year, unless you remarried before the end of 2008.

U.S. national.   A U.S. national is an individual who, although not a U.S. citizen, owes his or her allegiance to the United States. U.S. nationals include American Samoans and Northern Mariana Islanders who chose to become U.S. nationals instead of U.S. citizens.

Married persons who live apart.   Some married persons who have a child and who do not live with their spouse can file as single. If you meet all five of the following tests and you are a married resident of Canada or Mexico, or you are a married U.S. national, check the box on line 1. If you meet the tests below and you are a married resident of the Republic of Korea (South Korea), check the box on line 2.
  1. You file a return separate from your spouse.

  2. You paid more than half the cost to keep up your home in 2008.

  3. You lived apart from your spouse during the last 6 months of 2008. Temporary absences for special circumstances, such as for business, medical care, school, or military service, count as time lived in the home.

  4. Your home was the main home of your child, stepchild, or foster child for more than half of 2008. Temporary absences by you or the child for special circumstances, such as school, vacation, business, or medical care, count as time the child lived in the home. If the child was born or died in 2008, you still can file as single as long as the home was that child's home for the part of the year he or she was alive.

  5. You are able to claim a dependency exemption for the child or the child's other parent claims him or her as a dependent under the rules for children of divorced or separated parents. See Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent.

Adopted child.

An adopted child is always treated as your own child. An adopted child includes a child lawfully placed with you for legal adoption.

Foster child.

A foster child is any child placed with you by an authorized placement agency, or by judgment, decree, or other order of any court of competent jurisdiction.

Line 6—Qualifying widow(er) with dependent child.   You can check the box on line 6 if all seven of the following apply.
  1. You were a resident of Canada, Mexico, or the Republic of Korea (South Korea), or were a U.S. national.

  2. Your spouse died in 2006 or 2007 and you did not remarry before the end of 2008.

  3. You have a child or stepchild whom you claim as a dependent. This does not include a foster child.

  4. This child lived in your home for all of 2008. Temporary absences by you or the child for special circumstances, such as school, vacation, business, or medical care, count as time lived in the home.

    A child is considered to have lived with you for all of 2008 if the child was born or died in 2008 and your home was the child's home for the entire time he or she was alive.

  5. You paid over half the cost of keeping up your home. To find out what is included in the cost of keeping up a home, see Pub. 501.

  6. You were a resident alien or U.S. citizen the year your spouse died. This refers to your actual status, not the election that some nonresident aliens can make to be taxed as U.S. residents.

  7. You could have filed a joint return with your spouse the year he or she died, even if you did not actually do so.

Exemptions

Exemptions for estates and trusts are described in the instructions for line 39 on page 17.

Note.

Line 7b—Spouse.    If you checked filing status box 3 or 4, you can take an exemption for your spouse only if your spouse had no gross income for U.S. tax purposes and cannot be claimed as a dependent on another U.S. taxpayer's return. (You can do this even if your spouse died in 2008.) In addition, if you checked filing status box 4, your spouse must have lived with you in the United States at some time during 2008. Finally, your spouse must have an SSN or an ITIN. If your spouse is not eligible to obtain an SSN, he or she must apply for an ITIN. See Identifying number on page 7 for additional information.

Line 7c—Dependents.    Only U.S. nationals and residents of Canada, Mexico, and the Republic of Korea (South Korea) can claim exemptions for their dependents. If you were a U.S. national or a resident of Canada or Mexico, you can claim exemptions for your children and other dependents on the same terms as U.S. citizens. See Pub. 501 for more details. If you were a resident of the Republic of Korea (South Korea), you can claim an exemption for any of your children who lived with you in the United States at some time during 2008. Be sure to complete item I on page 5 of the form.

  You can take an exemption for each of your dependents. If you have more than four dependents, attach a statement to your return with the required information.

  For additional information on whether you can claim an exemption for a dependent, see in Pub. 501.

Children who did not live with you due to divorce or separation.

If you checked filing status box 1 or 3 and are claiming as a dependent a child who did not live with you under the rules for children of divorced or separated parents, attach Form 8332 or similar statement to your return. See Form 8332 for details.

Other dependent children.

Include the total number of children who did not live with you for reasons other than divorce or separation on the line labeled “Dependents on 7c not entered above.

Line 7c, column (2).

You must enter each dependent's identifying number (SSN, ITIN, or adoption taxpayer identification number (ATIN)). If you do not enter the correct identifying number, at the time we process your return we may disallow the exemption claimed for the dependent and reduce or disallow any other tax benefits (such as the child tax credit) based on the dependent.

For details on how your dependent can get an identifying number, see on page 7.

If your dependent child was born and died in 2008 and you do not have an identifying number for the child, enter “Died” in column (2) and attach a copy of the child's birth certificate, death certificate, or hospital records. The document must show the child was born alive.

Adoption taxpayer identification numbers (ATINs).

If you have a dependent who was placed with you for legal adoption and you do not know his or her SSN, you must get an ATIN for the dependent from the IRS. See Form W-7A for details. (If the dependent is not a U.S. citizen or resident alien, apply for an ITIN instead, using Form W-7. See page 7.)

Line 7c, column (4).

Check the box in this column if your dependent is a qualifying child for the child tax credit (defined below). If you have at least one qualifying child, you may be able to take the child tax credit on line 47 and the additional child tax credit on line 61.

Qualifying child for child tax credit.

A qualifying child for purposes of the child tax credit is a child who:

  • Was under age 17 at the end of 2008.

  • Is your son, daughter, stepchild, foster child, brother, sister, stepbrother, stepsister, or a descendant of any of them (for example, your grandchild, niece, or nephew).

  • Is a U.S. citizen, a U.S. national, or a resident alien.

  • Did not provide over half of his or her own support for 2008.

  • Lived with you more than half of 2008. Temporary absences by you or the child for special circumstances, such as school, vacation, business, or medical care, count as time the child lived with you. A child is considered to have lived with you for all of 2008 if the child was born and died in 2008 and your home was the child's home for the entire time he or she was alive.


An adopted child is always treated as your own child. An adopted child includes a child lawfully placed with you for legal adoption.

Rounding Off to Whole Dollars

You may round off cents to whole dollars on your return and schedules. If you do round to whole dollars, you must round all amounts. To round, drop amounts under 50 cents and increase amounts from 50 to 99 cents to the next dollar. For example, $1.39 becomes $1 and $2.50 becomes $3.

If you have to add two or more amounts to figure the amount to enter on a line, include cents when adding the amounts and round off only the total.

Income Effectively Connected With U.S. Trade or Business

Pub. 519 explains how income is classified and what income you should report here. The instructions for this section assume you have decided that the income involved is effectively connected with a U.S. trade or business in which you were engaged. But your decision may not be easy. Interest, for example, may be effectively connected with a U.S. trade or business, it may not be, or it may be tax-exempt. The tax status of income also depends on its source. Under some circumstances, items of income from foreign sources are treated as effectively connected with a U.S. trade or business. Other items are reportable as effectively connected or not effectively connected with a U.S. trade or business, depending on how you elect to treat them.

Line 8—Wages, salaries, tips, etc.   Enter the total of your effectively connected wages, salaries, tips, etc. For most people, the amount to enter on this line should be shown in their Form(s) W-2, box 1. However, do not include on line 8 amounts exempted under a tax treaty. Instead, include these amounts on line 22 and complete item M on page 5 of Form 1040NR.

Services performed partly inside and partly outside the United States.

If you performed services as an employee both inside and outside the United States, you must allocate your compensation between U.S. and non-U.S. sources. Only the U.S. source income is included on line 8 as effectively connected wages.

Compensation (other than certain fringe benefits) generally is sourced on a time basis. To figure your U.S. source income, divide the number of days you performed labor or personal services within the United States by the total number of days you performed labor or personal services within and without the United States. Multiply the result by your total compensation (other than certain fringe benefits).

Certain fringe benefits (such as housing and educational expenses) are sourced on a geographic basis. The source of the fringe benefit compensation generally is your principal place of work. The amount of the fringe benefit compensation must be reasonable and you must keep records that are adequate to support the fringe benefit compensation.

However, you may be able to use an alternative basis to determine the source of your compensation if the alternative basis more properly determines the source of the compensation. For 2008, if your total compensation is $250,000 or more and you allocate your compensation using an alternative basis, check the box in item R on page 5. In addition, attach to Form 1040NR a statement that contains the following information.

  1. The specific compensation or the specific fringe benefit for which an alternative basis is used.

  2. For each such item, the alternative basis of allocation of source used.

  3. For each such item, a computation showing how the alternative allocation was computed.

  4. A comparison of the dollar amount of the compensation sourced within and without the United States under both the alternative basis and the time or geographical basis for determining the source.

You must keep documentation showing why the alternative basis more properly determines the source of the compensation.

   Also include on line 8:
  • Wages received as a household employee for which you did not receive a Form W-2 because your employer paid you less than $1,600 in 2008. Also, enter “HSH” and the amount not reported on a Form W-2 on the dotted line next to line 8.

  • Tip income you did not report to your employer. Also include allocated tips shown on your Form(s) W-2 unless you can prove that you received less. Allocated tips should be shown in your Form(s) W-2, box 8. They are not included as income in box 1. See Pub. 531 for more details.

    You may owe social security and Medicare tax on unreported or allocated tips. See the instructions for line 53 on page 20.

  • Dependent care benefits, which should be shown in your Form(s) W-2, box 10. But first complete Form 2441 to see if you can exclude part or all of the benefits.

  • Employer-provided adoption benefits, which should be shown in your Form(s) W-2, box 12, with code T. You also may be able to exclude amounts if you adopted a child with special needs and the adoption became final in 2008. See the Instructions for Form 8839 to find out if you can exclude part or all of the benefits.

  • Excess salary deferrals. The amount deferred should be shown in your Form W-2, box 12, and the “Retirement plan” box in box 13 should be checked. If the total amount you deferred for 2008 under all plans was more than $15,500 (excluding catch-up contributions as explained below), include the excess on line 8. This limit is (a) $10,500 if you only have SIMPLE plans, or (b) $18,500 for section 403(b) plans, if you qualify for the 15-year rule in Pub. 571. Although designated Roth contributions are subject to this limit, do not include the excess attributable to such contributions on line 8. They already are included as income in box 1 of your Form W-2.

    A higher limit may apply to participants in section 457(b) deferred compensation plans for the 3 years before retirement age. Contact your plan administrator for more information.

    If you were age 50 or older at the end of 2008, your employer may have allowed an additional deferral (catch-up contributions) of up to $5,000 ($2,500 for section 401(k)(11) and SIMPLE plans). This additional deferral amount is not subject to the overall limit on elective deferrals.

    You cannot deduct the amount deferred. It is not included as income in your Form W-2,
    box 1.

  • Disability pensions shown on Form 1042-S or Form 1099-R if you have not reached the minimum retirement age set by your employer. Disability pensions received after you reach minimum retirement age and other payments shown on Form 1042-S or Form 1099-R (other than payments from an IRA*) are reported on lines 17a and 17b. Payments from an IRA are reported on lines 16a and 16b.

  • Corrective distributions from a retirement plan shown on Form 1042-S or Form 1099-R of excess salary deferrals and excess contributions (plus earnings). But do not include distributions from an IRA* on line 8. Instead, report distributions from an IRA on lines 16a and 16b.

  • Wages from Form 8919, line 6.

   *This includes a Roth, SEP, or SIMPLE IRA.

Missing or incorrect Form W-2.

Your employer is required to provide or send Form W-2 to you no later than February 2, 2009. If you do not receive it by early February, ask your employer for it. Even if you do not get a Form W-2, you still must report your earnings on line 8. If you lose your Form W-2 or it is incorrect, ask your employer for a new one.

Line 9a—Taxable interest.   Report on line 9a all of your taxable interest income from assets effectively connected with a U.S. trade or business.

  If you received interest not effectively connected with a U.S. trade or business, report it on Form 1040NR, page 4, unless it is tax exempt under a treaty and the withholding agent did not withhold tax on the payment. If the interest is tax exempt under a treaty, complete item M on page 5.

  See Pub. 901 for a quick reference guide to the provisions of U.S. tax treaties.

   In addition, interest from a U.S. bank, savings and loan association, credit union, or similar institution, and from certain deposits with U.S. insurance companies, is tax exempt to a nonresident alien if it is not effectively connected with a U.S. trade or business.

  Interest credited in 2008 on deposits that you could not withdraw because of the bankruptcy or insolvency of the financial institution may not have to be included in your 2008 income. For details, see Pub. 550.

Line 9b—Tax-exempt interest.   Certain types of interest income from investments in state and municipal bonds and similar instruments are not taxed by the United States. If you received such tax-exempt interest income, report the amount on line 9b. Include any exempt-interest dividends from a mutual fund or other regulated investment company. Do not include interest earned on your IRA, health savings account, Archer or Medicare Advantage MSA, or Coverdell education savings account. Also do not include interest from a U.S. bank, savings and loan association, credit union, or similar institution (or from certain deposits with U.S. insurance companies) that is exempt from tax under a tax treaty or under section 871(i) because the interest is not effectively connected with a U.S. trade or business.

Line 10a—Ordinary dividends.   Enter your total ordinary dividends from assets effectively connected with a U.S. trade or business. Each payer should send you a Form 1099-DIV.

Capital gain distributions.

If you received any capital gain distributions, see the instructions for line 14 on page 11.

Nondividend distributions.

Some distributions are a return of your cost (or other basis). They will not be taxed until you recover your cost (or other basis). You must reduce your cost (or other basis) by these distributions. After you get back all of your cost (or other basis), you must report these distributions as capital gains on Schedule D (Form 1040). For details, see Pub. 550.

  Dividends on insurance policies are a partial return of the premiums you paid. Do not report them as dividends. Include them in income on line 21 only if they exceed the total of all net premiums you paid for the contract.

Line 10b—Qualified dividends.   Enter your total qualified dividends on line 10b. Qualified dividends are eligible for a lower tax rate than other ordinary income. Generally, these dividends are shown in your Form(s) 1099-DIV, box 1b. See Pub. 550 for the definition of qualified dividends if you received dividends not reported on Form 1099-DIV.

Exception.

Some dividends may be reported as qualified dividends in Form 1099-DIV, box 1b, but are not qualified dividends. These include:

  • Dividends you received as a nominee. See chapter 1 in Pub. 550.

  • Dividends you received on any share of stock that you held for less than 61 days during the 121-day period that began 60 days before the ex-dividend date. The ex-dividend date is the first date following the declaration of a dividend on which the purchaser of a stock is not entitled to receive the next dividend payment. When counting the number of days you held the stock, include the day you disposed of the stock but not the day you acquired it. See the examples below. Also, when counting the number of days you held the stock, you cannot count certain days during which your risk of loss was diminished. See Pub. 550 for more details.

  • Dividends attributable to periods totaling more than 366 days that you received on any share of preferred stock held for less than 91 days during the 181-day period that began 90 days before the ex-dividend date. When counting the number of days you held the stock, you cannot count certain days during which your risk of loss was diminished. See Pub. 550 for more details. Preferred dividends attributable to periods totaling less than 367 days are subject to the 61-day holding period rule above.

  • Dividends on any share of stock to the extent that you are under an obligation (including a short sale) to make related payments with respect to positions in substantially similar or related property.

  • Payments in lieu of dividends, but only if you know or have reason to know that the payments are not qualified dividends.

Example 1.

You bought 5,000 shares of XYZ Corp. common stock on July 1, 2008. XYZ Corp. paid a cash dividend of 10 cents per share. The ex-dividend date was July 9, 2008. Your Form 1099-DIV from XYZ Corp. shows $500 in box 1a (ordinary dividends) and in box 1b (qualified dividends). However, you sold the 5,000 shares on August 4, 2008. You held your shares of XYZ Corp. for only 34 days of the 121-day period (from July 2, 2008, through August 4, 2008). The 121-day period began on May 10, 2008 (60 days before the ex-dividend date), and ended on September 7, 2008. You have no qualified dividends from XYZ Corp. because you held the XYZ stock for less than 61 days.

Example 2.

Assume the same facts as in Example 1 except that you bought the stock on July 8, 2008 (the day before the ex-dividend date), and you sold the stock on September 9, 2008. You held the stock for 63 days (from July 9, 2008, through September 9, 2008). The $500 of qualified dividends shown in Form 1099-DIV, box 1b, are all qualified dividends because you held the stock for 61 days of the 121-day period (from July 9, 2008, through September 7, 2008).

Example 3.

You bought 10,000 shares of ABC Mutual Fund common stock on July 1, 2008. ABC Mutual Fund paid a cash dividend of 10 cents a share. The ex-dividend date was July 9, 2008. The ABC Mutual Fund advises you that the portion of the dividend eligible to be treated as qualified dividends equals 2 cents per share. Your Form 1099-DIV from ABC Mutual Fund shows total ordinary dividends of $1,000 and qualified dividends of $200. However, you sold the 10,000 shares on August 4, 2008. You have no qualified dividends from ABC Mutual Fund because you held the ABC Mutual Fund stock for less than 61 days.

  Be sure you use the Qualified Dividends and Capital Gain Tax Worksheet or the Schedule D Tax Worksheet, whichever applies, to figure your tax. Your tax may be less. See the instructions for line 41 beginning on page 17 for details.

Line 11—Taxable refunds, credits, or offsets of state and local income taxes.   If you received a refund, credit, or offset of state or local income taxes in 2008, you may receive a Form 1099-G. If you chose to apply part or all of the refund to your 2008 estimated state or local income tax, the amount applied is treated as received in 2008.

  For details on how to figure the amount you must report as income, see Recoveries in Pub. 525.

Line 12—Scholarship and fellowship grants.   If you received a scholarship or fellowship, part or all of it may be taxable.

  If you were a degree candidate, the amounts you used for expenses other than tuition and course-related expenses (fees, books, supplies, and equipment) are generally taxable. For example, amounts used for room, board, and travel are generally taxable.

  If you were not a degree candidate, the full amount of the scholarship or fellowship is generally taxable. Also, amounts received in the form of a scholarship or fellowship that are payment for teaching, research, or other services are generally taxable as wages even if the services were required to get the grant.

  If the grant was reported on
Form(s) 1042-S, you generally must include the amount shown in Form(s) 1042-S, box 2, on line 12. However, if any or all of that amount is exempt by treaty, do not include the treaty-exempt amount on line 12. Instead, include the treaty-exempt amount on line 22 and complete item M on page 5 of Form 1040NR.

  Attach any Form(s) 1042-S you received from the college or institution. If you did not receive a Form 1042-S, attach a statement from the college or institution (on their letterhead) showing the details of the grant.

  For more information about scholarships and fellowships in general, see Pub. 970.

Example 1.

You are a citizen of a country that has not negotiated a tax treaty with the United States. You are a candidate for a degree at ABC University (located in the United States). You are receiving a full scholarship from ABC University. The total amounts you received from ABC University during 2008 are as follows:

  Tuition and fees $25,000  
  Books, supplies, and equipment 1,000  
  Room and board 9,000  
    $35,000  

The Form 1042-S you received from ABC University for 2008 shows $9,000 in box 2 and $1,260 (14% of $9,000) in box 9.

Note.

  When completing Form 1040NR:
  • Enter on line 12 the $9,000 shown in box 2 of Form 1042-S.

  • Enter $0 on line 30. Because
    section 117 amounts (tuition, fees, books, supplies, and equipment) were not included in box 2 of your Form 1042-S (and are not included on line 12 of Form 1040NR), you cannot exclude any of the section 117 amounts on line 30.

  • Include on line 58 the $1,260 shown in box 9 of Form 1042-S.

Example 2.

The facts are the same as in Example 1 except that you are a citizen of a country that has negotiated a tax treaty with the United States and you were a resident of that country immediately before leaving for the United States to attend ABC University. Also, assume that, under the terms of the tax treaty, all of your scholarship income is exempt from tax because ABC University is a nonprofit educational organization.

Note.

  When completing Form 1040NR:
  • Enter $0 on line 12. The $9,000 reported to you in box 2 of
    Form 1042-S is reported on line 22 (not line 12).

  • Enter $9,000 on line 22.

  • Enter $0 on line 30. Because none of the $9,000 reported to you in box 2 of Form 1042-S is included in your income, you cannot exclude it on
    line 30.

  • Include on line 58 any withholding shown in box 9 of Form 1042-S.

  • Provide all the required information in item M on page 5.

Line 13—Business income or (loss).   If you operated a business or practiced your profession as a sole proprietor, report your effectively connected income and expenses on Schedule C or Schedule C-EZ (Form 1040).

  Include any income you received as a dealer in stocks, securities, and commodities through your U.S. office. If you dealt in these items through an independent agent, such as a U.S. broker, custodian, or commissioned agent, your income may not be considered effectively connected with a U.S. business.

Line 14—Capital gain or (loss).   If you had effectively connected capital gains or losses, including any effectively connected capital gain distributions, or a capital loss carryover from 2007, you must complete and attach Schedule D (Form 1040). But see the Exception below. Enter the effectively connected gain or (loss) from Schedule D (Form 1040) on line 14.

  Gains and losses from disposing of U.S. real property interests are reported on Schedule D (Form 1040) and included on line 14 of Form 1040NR. See Dispositions of U.S. Real Property Interests on page 6.

Exception.

You do not have to file Schedule D (Form 1040) if both of the following apply.

  • The only amounts you have to report on Schedule D (Form 1040) are effectively connected capital gain distributions from Form(s) 1099-DIV, box 2a, or substitute statements.

  • None of the Form(s) 1099-DIV or substitute statements have an amount in box 2b (unrecaptured section 1250 gain), box 2c (section 1202 gain), or box 2d (collectibles (28%) gain).

  If both of the above apply, enter your effectively connected capital gain distributions (from box 2a of Form(s) 1099-DIV) on line 14 and check the box on that line. If you received capital gain distributions as a nominee (that is, they were paid to you but actually belong to someone else), report on line 14 only the amount that belongs to you. Attach a statement showing the full amount you received and the amount you received as a nominee. See chapter 1 of Pub. 550 for filing requirements for Forms 1099-DIV and 1096.

  If you do not have to file Schedule D (Form 1040), use the Qualified Dividends and Capital Gain Tax Worksheet on page 18 to figure your tax. Your tax may be less if you use this worksheet.

Line 15—Other gains or (losses).   If you sold or exchanged assets used in a U.S. trade or business, see the Instructions for Form 4797.

Lines 16a and 16b—IRA distributions.   You should receive a Form 1099-R showing the amount of any distribution from your individual retirement arrangement (IRA). Unless otherwise noted in the line 16a and 16b instructions, an IRA includes a traditional IRA, Roth IRA, simplified employee pension (SEP) IRA, and a savings incentive match plan for employees (SIMPLE) IRA. Except as provided below, leave line 16a blank and enter the total distribution on
line 16b.

Exception 1.

Enter the total distribution on line 16a if you rolled over part or all of the distribution from one:

  • IRA to another IRA of the same type (for example, from one traditional IRA to another traditional IRA), or

  • SEP or SIMPLE IRA to a traditional IRA.

Also, enter “Rollover” next to line 16b. If the total distribution was rolled over in a qualified rollover, enter -0- on line 16b. If the total distribution was not rolled over in a qualified rollover, enter the part not rolled over on line 16b unless Exception 2 applies to the part not rolled over. Generally, a qualified rollover must be made within 60 days after the day you received the distribution. For more details on rollovers, see Pub. 590, Individual Retirement Arrangements (IRAs).

If you rolled over the distribution (a) in 2009, or (b) from an IRA into a qualified plan (other than an IRA), attach a statement explaining what you did.

Exception 2.

If any of the following apply, enter the total distribution on
line 16a and see Form 8606 and its instructions to figure the amount to enter on line 16b.

  • You received a distribution from an IRA (other than a Roth IRA) and you made nondeductible contributions to any of your traditional or SEP IRAs for 2008 or an earlier year. If you made nondeductible contributions to these IRAs for 2008, also see Pub. 590.

  • You received a distribution from a Roth IRA. But if either 1 or 2 below applies, enter -0- on line 16b; you do not have to see Form 8606 or its instructions.

    1. Distribution code T is shown in Form 1099-R, box 7, and you made a contribution (including a conversion) to a Roth IRA for 2003 or an earlier year.

    2. Distribution code Q is shown in Form 1099-R, box 7.

  • You converted part or all of a traditional, SEP, or SIMPLE IRA to a Roth IRA in 2008.

  • You had a 2007 or 2008 IRA contribution returned to you, with the related earnings or less any loss, by the due date (including extensions) of your tax return for that year.

  • You made excess contributions to your IRA for an earlier year and had them returned to you in 2008.

  • You recharacterized part or all of a contribution to a Roth IRA as a traditional IRA contribution, or vice versa.

Exception 3.

If the distribution is a qualified charitable distribution (QCD), enter the total distribution on line 16a. If the total amount distributed is a QCD, enter -0- on line 16b. If only part of the distribution is a QCD, enter the part that is not a QCD on line 16b unless Exception 2 applies to that part. Enter “QCD” next to line 16b.

A QCD is a distribution made directly by the trustee of your IRA (other than a SEP or SIMPLE IRA) to an organization eligible to receive tax-deductible contributions (with certain exceptions). You must have been at least age 70½ when the distribution was made. Your total QCDs for the year cannot be more than $100,000. The amount of the QCD is limited to the amount that otherwise would be included in your income. If your IRA includes nondeductible contributions, the distribution first is considered to be paid out of otherwise taxable income. See Pub. 590 for details.

You cannot claim a charitable contribution deduction for any QCD not included in your income.

Exception 4.

If the distribution is a qualified health savings account (HSA) funding distribution (HFD), enter the total distribution on line 16a. If the total amount distributed is an HFD and you elect to exclude it from income, enter -0- on line 16b. If only part of the distribution is an HFD and you elect to exclude that part from income, enter the part that is not an HFD on line 16b unless Exception 2 applies to that part. Enter “HFD” next to line 16b.

An HFD is a distribution made directly by the trustee of your IRA (other than a SEP or SIMPLE IRA) to your HSA. If eligible, you generally can elect to exclude an HFD from your income once in your lifetime. You cannot exclude more than the limit on HSA contributions or more than the amount that otherwise would be included in your income. If your IRA includes nondeductible contributions, the HFD is first considered to be paid out of otherwise taxable income. See Pub. 969 for details.

The amount of an HFD reduces the amount you can contribute to your HSA for the year. If you fail to maintain eligibility for an HSA for the 12 months following the month of the HFD, you may have to report the HFD as income and pay an additional tax. See Form 8889, Part III.

More than one exception applies.

If more than one exception applies, attach a statement showing the amount of each exception, instead of making an entry next to line 16b. For example: “Line 16b – $1,000 Rollover and $500 HFD.

More than one distribution.

If you received more than one distribution, figure the taxable amount of each distribution and enter the total of the taxable amounts on line 16b. Enter the total amount of those distributions on line 16a.

  You may have to pay an additional tax if (a) you received an early distribution from your IRA and the total was not rolled over, or (b) you were born before July 1, 1937, and received less than the minimum required distribution from your traditional, SEP, and SIMPLE IRAs. See the instructions for line 54 on page 20 for details.

Lines 17a and 17b—Pensions and annuities.   Use lines 17a and 17b to report effectively connected pension and annuity payments you received. You should receive a Form 1042-S or 1099-R showing the amount of your pension and annuity payments, including distributions from 401(k) and 403(b) plans. For details on rollovers and lump-sum distributions, see pages 13 and 14. But if this income is not effectively connected with your U.S. trade or business, report it on line 81.

  Do not include the following payments on lines 17a and 17b. Instead, report them on line 8.

  
  • Disability pensions received before you reach the minimum retirement age set by your employer.

  • Corrective distributions (including any earnings) of excess salary deferrals or excess contributions to retirement plans. The plan must advise you of the year(s) the distributions are includible in income.

  If you received a Form 1042-S or 1099-R that shows federal income tax withheld, attach it to Form 1040NR.

  Some annuities are tax-exempt. See chapter 3 of Pub. 519.

Note.

Fully taxable pensions and annuities.

If your pension or annuity is fully taxable, enter it on line 17b; do not make an entry on line 17a. Your payments are fully taxable if (a) you did not contribute to the cost (defined on page 13) of your pension or annuity, or (b) you got your entire cost back tax free before 2008.

If you received a Form RRB-1099-R, see Pub. 575 for information on how to report your benefits.

Partially taxable pensions and annuities.

Enter the total pension or annuity payments you received in 2008 on line 17a. If your Form 1042-S or Form 1099-R does not show the taxable amount, you must use the General Rule explained in Pub. 939, General Rule for Pensions and Annuities, to figure the taxable part to enter on line 17b. But if your annuity starting date (defined below) was after July 1, 1986, see Simplified method below to find out if you must use that method to figure the taxable part.

You can ask the IRS to figure the taxable part for you for a $500 fee. For details, see Pub. 939.

If your Form 1099-R shows a taxable amount, you can report that amount on line 17b. But you may be able to report a lower taxable amount by using the General Rule or the Simplified Method. If you received Form 1042-S, you must figure the taxable part by using the General Rule or the Simplified Method.

Annuity starting date.

Your annuity starting date is the later of the first day of the first period for which you received a payment or the date the plan's obligations became fixed.

Simplified method.

You must use the Simplified Method if (a) your annuity starting date (defined above) was after July 1, 1986, and you used this method last year to figure the taxable part, or (b) your annuity starting date was after November 18, 1996, and both of the following apply.

  • The payments are from a qualified employee plan, a qualified employee annuity, or a tax-sheltered annuity.

  • On your annuity starting date, either you were under age 75 or the number of years of guaranteed payments was fewer than 5. See Pub. 575 for the definition of guaranteed payments.

If you must use the Simplified Method, complete the worksheet on page 13 to figure the taxable part of your pension or annuity. For more details on the Simplified Method, see Pub. 575.

Simplified Method Worksheet—Lines 17a and 17b

Before you begin:

If you are the beneficiary of a deceased employee or former employee who died before August 21, 1996, include any death benefit exclusion that you are entitled to (up to $5,000) in the amount entered on line 2 below.

Note. If you had more than one partially taxable pension or annuity, figure the taxable part of each separately. Enter the total of the taxable parts on Form 1040NR, line 17b. Enter the total pension or annuity payments received in 2008 on Form 1040NR, line 17a.
1. Enter the total pension or annuity payments received in 2008. Also, enter this amount on Form 1040NR, line 17a 1.  
2. Enter your cost in the plan at the annuity starting date 2.      
  Note. If you completed this worksheet last year, skip line 3 and enter the amount from line 4 of last year's worksheet on line 4 below (even if the amount of your pension or annuity has changed). Otherwise, go to line 3        
3. Enter the appropriate number from Table 1 below. But if your annuity starting date was after 1997 and the payments are for your life and that of your beneficiary, enter the appropriate number from Table 2 below 3.      
4. Divide line 2 by the number on line 3 4.      
5. Multiply line 4 by the number of months for which this year's payments were made. If your annuity starting date was before 1987, skip lines 6 and 7 and enter this amount on line 8. Otherwise, go to line 6 5.      
6. Enter the amount, if any, recovered tax free in years after 1986. If you completed this worksheet last year, enter the amount from line 10 of last year's worksheet 6.      
7. Subtract line 6 from line 2 7.      
8. Enter the smaller of line 5 or line 7 8.  
9. Taxable amount. Subtract line 8 from line 1. Enter the result, but not less than zero. Also, enter this amount on Form 1040NR, line 17b. If your Form 1042-S or Form 1099-R shows a larger amount, use the amount on this line instead of the amount from Form 1042-S or Form 1099-R 9.  
10. Was your annuity starting date before 1987?          
 
Yes.
         
 
No.
amount you have recovered tax free 10.  
Table 1 for Line 3 Above
IF the age at annuity starting date (see page 12) was . . .   AND your annuity starting date was—
  before November 19, 1996, enter on line 3 . . .   after November 18, 1996, enter on line 3 . . .
55 or under   300   360
56–60   260   310
61–65   240   260
66–70   170   210
71 or older   120   160
Table 2 for Line 3 Above
IF the combined ages at annuity starting date (see page 12) were . . .         THEN enter on line 3 . . .
110 or under         410
111–120         360
121–130         310
131–140         260
141 or older         210

Age (or combined ages) at annuity starting date.

If you are the retiree, use your age on the annuity starting date. If you are the survivor of a retiree, use the retiree's age on his or her annuity starting date. But if your annuity starting date was after 1997 and the payments are for your life and that of your beneficiary, use your combined ages on the annuity starting date.

  If you are the beneficiary of an employee who died, see Pub. 575. If there is more than one beneficiary, see Pub. 575 to figure each beneficiary's taxable amount.

Cost.

Your cost is generally your net investment in the plan as of the annuity starting date. It does not include pre-tax contributions. Your net investment should be shown in Form 1099-R, box 9b, for the first year you received payments from the plan. You must figure your net investment if you received Form 1042-S.

Rollovers.

Generally, a qualified rollover is a tax-free distribution of cash or other assets from one retirement plan that is contributed to another plan within 60 days of receiving the distribution. However, a qualified rollover to a Roth IRA is not a tax-free distribution. Use lines 17a and 17b to report a qualified rollover, including a direct rollover, from one qualified employer's plan to another or to an IRA or SEP. For more details on rollovers, see Pub. 575.

Rollover to a plan other than a Roth IRA.

Enter on line 17a the total distribution before income tax or other deductions were withheld. This amount should be shown in Form 1099-R, box 1, or Form 1042-S, box 2. From the total on line 17a, subtract any contributions (usually shown in box 5 of Form 1099-R or figured by you if you received Form 1042-S) that were taxable to you when made. From that result, subtract the amount of the qualified rollover. Enter the remaining amount, even if zero, on line 17b. Also enter “Rollover” next to line 17b.

Special rules apply to partial rollovers of property. See Pub. 575.

Rollover to Roth IRA.

Enter on line 17a the total distribution before income tax or other deductions were withheld. This amount should be shown in box 1 of Form 1099-R, or Form 1042-S, box 2. From the total on line 17a, subtract any contributions (usually shown in box 5 of Form 1099-R or figured by you if you received Form 1042-S) that were taxable to you when made. Enter the remaining amount, even if zero, on line 17b.

Lump-sum distributions.

If you received a lump-sum distribution from a profit-sharing or retirement plan, your Form 1099-R should have the “Total distribution” box in box 2b checked. You need to determine this on your own if you received Form 1042-S. You may owe an additional tax if you received an early distribution from a qualified retirement plan and the total amount was not rolled over in a qualified rollover. For details, see the instructions for line 54 on page 20.

Enter the total distribution on line 17a and the taxable part on line 17b. For details, see Pub. 575.

  You may be able to pay less tax on the distribution if you were born before January 2, 1936, or you are the beneficiary of a deceased employee who was born before January 2, 1936. For details, see Form 4972.

Line 20—Unemployment compensation.   You should receive a Form 1099-G showing in box 1 the total unemployment compensation paid to you in 2008. Report the amount in box 1 on line 20. However, if you made contributions to a governmental unemployment compensation program and you are not itemizing deductions, reduce the amount you report on line 20 by those contributions.

  If you received an overpayment of unemployment compensation in 2008 and you repaid any of it in 2008, subtract the amount you repaid from the total amount you received. Enter the result on line 20. Also, enter “Repaid” and the amount you repaid on the dotted line next to line 20. If, in 2008, you repaid unemployment compensation that you included in gross income in an earlier year, you can deduct the amount repaid on Schedule A (Form 1040NR), line 11. But if you repaid more than $3,000, see Repayments in Pub. 525 for details on how to report the repayment.

Line 21—Other income.   Use this line to report any other income effectively connected with your U.S. business that is not reported elsewhere on your return or other schedules. List the type and amount of income. If necessary, show the required information on an attached statement. For more details, see Miscellaneous Income in
Pub. 525. The following are examples of income to report on line 21.

Taxable distributions from a Coverdell education savings account (ESA) or a qualified tuition program (QTP).

Distributions from these accounts may be taxable if (a) they are more than the qualified higher education expenses of the designated beneficiary in 2008, and (b) they were not included in a qualified rollover. See Pub. 970. Nontaxable distributions from these accounts, including rollovers, do not have to be reported on Form 1040NR.

You may have to pay an additional tax if you received a taxable distribution from a Coverdell ESA or a QTP. See the Instructions for Form 5329.

Taxable distributions from a health savings account (HSA) or an Archer MSA.

Distributions from an HSA or an Archer MSA may be taxable if (a) they are more than the unreimbursed qualified medical expenses of the account beneficiary or account holder in 2008, and (b) they were not included in a qualified rollover. See Pub. 969.

You may have to pay an additional tax if you received a taxable distribution from an HSA or Archer MSA. See the Instructions for Form 8889 for HSAs and the Instructions for Form 8853 for Archer MSAs.

Amounts deemed to be income from an HSA because you did not remain an eligible individual during the testing period.

See Form 8889, Part III.

Recapture of a charitable contribution deduction relating to the contribution of a fractional interest in tangible personal property.

See Fractional Interest in Tangible Personal Property in Pub. 526, Charitable Contributions. Interest and an additional 10% tax apply to the amount of the recapture. See the instructions for line 57 on page 21.

Recapture of a charitable contribution deduction if the charitable organization disposes of the donated property within 3 years of the contribution.

See Recapture if no exempt use in Pub. 526.

Canceled debts.

These amounts may be shown in box 2 of Form 1099-C or Form 1042-S. However, part or all of your income from the cancellation of debt may be nontaxable. See Pub. 4681 or go to www.irs.gov and enter “canceled debt” or “foreclosure” in the search box.

  Report other income on page 4 of Form 1040NR if not effectively connected with a U.S. trade or business.

Line 22—Treaty-exempt income.   Use line 22 to report your total effectively connected income that is exempt from tax by a tax treaty. Do not include this exempt income on line 23. Also, you must complete item M on page 5 of Form 1040NR.

Adjusted Gross Income

Line 24—Educator expenses.   If you were an eligible educator in 2008, you can deduct on line 24 up to $250 of qualified expenses you paid in 2008. You may be able to deduct expenses that are more than the $250 limit on Schedule A (Form 1040NR), line 9. An eligible educator is a kindergarten through grade 12 teacher, instructor, counselor, principal, or aide who worked in a school for at least 900 hours during a school year.

  Qualified expenses include ordinary and necessary expenses paid in connection with books, supplies, equipment (including computer equipment, software, and services), and other materials used in the classroom. An ordinary expense is one that is common and accepted in your educational field. A necessary expense is one that is helpful and appropriate for your profession as an educator. An expense does not have to be required to be considered necessary.

  Qualified expenses do not include expenses for home schooling or for nonathletic supplies for courses in health or physical education.

  You must reduce your qualified expenses by the following amounts.
  • Excludable U.S. series EE and I savings bond interest from Form 8815.

  • Nontaxable qualified tuition program earnings or distributions.

  • Any nontaxable distribution of Coverdell education savings account earnings.

  • Any reimbursements you received for these expenses that were not reported to you in Form W-2, box 1.

  For more details, see Pub. 529.

Line 25—Health savings account (HSA) deduction.   You may be able to take this deduction if contributions (other than employer contributions, rollovers, and qualified HSA funding distributions from an IRA) were made to your HSA for 2008. See Form 8889.

Line 26—Moving expenses.   Employees and self-employed persons (including partners) can deduct certain moving expenses. The move must be in connection with employment that generates effectively connected income.

  If you moved in connection with your job or business or started a new job, you may be able to take this deduction. But your new workplace must be at least 50 miles farther from your old home than your old home was from your old workplace. If you had no former workplace, your new workplace must be at least 50 miles from your old home. The deduction is generally limited to moves to or within the United States or its possessions. If you meet these requirements, see Pub. 521. Use Form 3903 to figure the amount to enter on this line.

Line 27—Self-employed SEP, SIMPLE, and qualified plans.   If you were self-employed or a partner, you may be able to take this deduction. See Pub. 560 or, if you were a minister, Pub. 517.

Line 28—Self-employed health insurance deduction.   If you were self-employed and had a net profit for the year, you may be able to deduct the amount you paid for health insurance for yourself, your spouse, and your dependents. The insurance plan must be established under your business. But if you were also eligible to participate in any subsidized health plan maintained by your or your spouse's employer for any month or part of a month in 2008, amounts paid for health insurance coverage for that month cannot be used to figure the deduction. For example, if you were eligible to participate in a subsidized health plan maintained by your spouse's employer from September 30 through December 31, you cannot use amounts paid for health insurance coverage for September through December to figure your deduction. For more details, see Pub. 535.

Note.

If, during 2008, you were an eligible trade adjustment assistance (TAA) recipient, alternative TAA (ATAA) recipient, or Pension Benefit Guaranty Corporation (PBGC) pension recipient, you must complete Form 8885 before completing the worksheet below. When figuring the amount to enter on line 1 of the worksheet below, do not include:

  • Any amounts you included on Form 8885, line 4,

  • Any qualified health insurance premiums you paid to “U.S. Treasury-HCTC,” or

  • Any health coverage tax credit advance payments shown in Form 1099-H, box 1.

  If you qualify to take the deduction, use the worksheet below to figure the amount you can deduct.

Self-Employed Health Insurance Deduction Worksheet—Line 28

Before you begin:

  • If, during 2008, you were an eligible trade adjustment assistance (TAA) recipient, alternative TAA (ATAA) recipient, or Pension Benefit Guaranty Corporation (PBGC) pension recipient, see the Note above.

  • Be sure you have read the Exception above to see if you can use this worksheet instead of Pub. 535 to figure your deduction.

1. Enter the total amount paid in 2008 for health insurance coverage established under your business for 2008 for you, your spouse, and your dependents. But do not include amounts for any month you were eligible to participate in an employer-sponsored health plan 1.  
2. Enter your net profit and any other earned income* from the business under which the insurance plan is established, minus any deduction you claim on Form 1040NR, line 27 2.  
3. Self-employed health insurance deduction. Enter the smaller of line 1 or line 2 here and on Form 1040NR, line 28 3.  
*Earned income includes net earnings and gains from the sale, transfer, or licensing of property you created. However, it does not include capital gain income.

Exception.

Use Pub. 535 instead of the worksheet below to figure your deduction if either of the following applies.

  • You had more than one source of income from self-employment.

  • You are using amounts paid for qualified long-term care insurance to figure the deduction.

Line 29—Penalty on early withdrawal of savings.   The
Form 1099-INT or Form 1099-OID you received will show the amount of any penalty you were charged.

Line 30—Scholarship and fellowship grants excluded.   If you received a scholarship or fellowship grant and were a degree candidate, enter amounts used for tuition and course-related expenses (fees, books, supplies, and equipment), but only to the extent the amounts are included on line 12. See the examples in the instructions for line 12 that begin on page 10.

Line 31—IRA deduction.   If you made any nondeductible contributions to a traditional individual retirement arrangement (IRA) for 2008, you must report them on Form 8606.

  If you made contributions to a traditional IRA for 2008, you may be able to take an IRA deduction. But you must have had earned income to do so. A statement should be sent to you by June 1, 2009, that shows all contributions to your traditional IRA for 2008. See Pub. 590 to figure the amount, if any, of your IRA deduction.

Were you covered by a retirement plan?

If you were covered by a retirement plan (qualified pension, profit-sharing (including 401(k)), annuity, SEP, SIMPLE, etc.) at work or through self-employment, your IRA deduction may be reduced or eliminated. But you still can make contributions to an IRA even if you cannot deduct them. In any case, the income earned on your IRA contributions is not taxed until it is paid to you.

The “Retirement plan” box in Form W-2, box 13, should be checked if you were covered by a plan at work even if you were not vested in the plan. You also are covered by a plan if you were self-employed and had a SEP, SIMPLE, or qualified retirement plan.

Special rule for married individuals.

If you checked filing status box 3, 4, or 5 and you were not covered by a retirement plan but your spouse was, you are considered covered by a plan unless you lived apart from your spouse for all of 2008.

See Pub. 590 for more details.

You may be able to take the retirement savings contributions credit (saver's credit). See the instructions for line 46 that begin on page 19.

Line 32—Student loan interest deduction.   You can take this deduction only if all of the following apply.
  • You paid interest in 2008 on a qualified student loan (see below).

  • You checked filing status box 1, 2, or 6.

  • Your modified adjusted gross income (AGI) is less than $70,000. Use lines 2 through 4 of the worksheet on page 16 to figure your modified AGI.

  • You are not claimed as a dependent on someone else's (such as your parent's) 2008 tax return.

  Use the worksheet on page 16 to figure your student loan interest deduction.

Student Loan Interest Deduction Worksheet—Line 32

Before you begin:

  • Figure any amount to be entered on the dotted line next to line 34 (see the instructions for line 34 on this page).

  • See the instructions for line 32 that begin on page 15.

1. Enter the total interest you paid in 2008 on qualified student loans (see page 15). Do not enter more than $2,500 1.  
2. Enter the amount from Form 1040NR, line 23 2.    
3. Enter the total of the amounts from Form 1040NR, lines 24 through 31, plus any write-in adjustments you entered on the dotted line next to line 34 3.      
4. Subtract line 3 from line 2 4.      
5. Is line 4 more than $55,000?      
  No. Skip lines 5 and 6, enter -0- on line 7, and go to line 8.        
  Yes. Subtract $55,000 from line 4 5.      
6. Divide line 5 by $15,000. Enter the result as a decimal (rounded to at least three places). If the result is 1.000 or more, enter 1.000 6. .
7. Multiply line 1 by line 6 7.
8. Student loan interest deduction. Subtract line 7 from line 1. Enter the result here and on Form 1040NR, line 32. Do not include this amount in figuring any other deduction on your return (such as on Schedule A (Form 1040NR), Schedule C (Form 1040), Schedule E (Form 1040), etc.) 8.  

Qualified student loan.

This is any loan you took out to pay the qualified higher education expenses for any of the following individuals.

  1. Yourself or your spouse.

  2. Any person who was your dependent when the loan was taken out.

  3. Any person you could have claimed as a dependent for the year the loan was taken out except that:

    1. The person filed a joint return,

    2. The person had gross income that was equal to or more than the exemption amount for that year ($3,500 for 2008), or

    3. You could be claimed as a dependent on someone else's return.

The person for whom the expenses were paid must have been an eligible student (see page 16). However, a loan is not a qualified student loan if (a) any of the proceeds were used for other purposes, or (b) the loan was from either a related person or a person who borrowed the proceeds under a qualified employer plan or a contract purchased under such a plan. To find out who is a related person, see Pub. 970.

Qualified higher education expenses. Qualified higher education expenses generally include tuition, fees, room and board, and related expenses such as books and supplies. The expenses must be for education in a degree, certificate, or similar program at an eligible educational institution. An eligible educational institution includes most colleges, universities, and certain vocational schools. You must reduce the expenses by the following benefits.

  • Employer-provided educational assistance benefits that are not included in Form(s) W-2, box 1.

  • Excludable U.S. series EE and I savings bond interest from Form 8815.

  • Any nontaxable distribution of qualified tuition program earnings.

  • Any nontaxable distribution of Coverdell education savings account earnings.

  • Any scholarship, educational assistance allowance, or other
    payment (but not gifts, inheritances, etc.) excluded from income.

For more details on these expenses, see Pub. 970.

Eligible student. An eligible student is a person who:

  • Was enrolled in a degree, certificate, or other program (including a program of study abroad that was approved for credit by the institution at which the student was enrolled) leading to a recognized educational credential at an eligible educational institution, and

  • Carried at least half the normal full-time workload for the course of study he or she was pursuing.

Line 33—Domestic production activities deduction.   You may be able to deduct up to 6% of your qualified production activities income from the following activities.
  1. Construction of real property performed in the United States.

  2. Engineering or architectural services performed in the United States for construction of real property in the United States.

  3. Any lease, rental, license, sale, exchange, or other disposition of:

    1. Tangible personal property, computer software, and sound recordings that you manufactured, produced, grew, or extracted in whole or in significant part within the United States;

    2. Any qualified film you produced; or

    3. Electricity, natural gas, or potable water you produced in the United States.

  The deduction does not apply to income derived from:
  • The sale of food and beverages you prepare at a retail establishment;

  • Property you leased, licensed, or rented for use by any related person;

  • The transmission or distribution of electricity, natural gas, or potable water; or

  • The lease, rental, license, sale, exchange, or other disposition of land.

  For details, see Form 8903 and its instructions.

Line 34.   Include in the total on line 34 any of the following write-in adjustments that are related to your effectively connected income. To find out if you can take the deduction, see the form or publication indicated. On the dotted line next to line 34, enter the amount of your deduction and identify it as indicated.

  
  • Archer MSA deduction (see Form 8853). Identify as “MSA.

  • Performing-arts-related expenses (see Form 2106 or 2106-EZ). Identify as “QPA.

  • Reforestation amortization and expenses (see Pub. 535). Identify as “RFST.

  • Repayment of supplemental unemployment benefits under the Trade Act of 1974 (see Pub. 525). Identify as “Sub-Pay TRA.

  • Contributions to section 501(c)(18)(D) pension plans (see Pub. 525). Identify as “501(c)(18)(D).

  • Contributions by certain chaplains to section 403(b) plans (see Pub. 517). Identify as “403(b).

  • Attorney fees and court costs for actions settled or decided after October 22, 2004, involving certain unlawful discrimination claims, but only to the extent of effectively connected gross income from such actions (see Pub. 525). Identify as “UDC.

  • Attorney fees and court costs paid by you in connection with an award from the IRS for information you provided after December 19, 2006, that substantially contributed to the detection of tax law violations, up to the amount of the award includible in your gross income. Identify as “WBF.

Line 35—Adjusted gross income.   If line 35 is less than zero, you may have a net operating loss that you can carry to another tax year. See Form 1045 and its instructions for details.

Tax Computation on Income Effectively Connected With A U.S. Trade or Business

Line 37—Itemized deductions.   Enter the total itemized deductions from
line 17 of Schedule A on page 3 of the form.

Note.

.

Line 39—Deduction for exemptions.    You can claim exemptions only to the extent of your income that is effectively connected with a U.S. trade or business.

Deduction for Exemptions Worksheet—Line 39

Caution: If you are filing for a qualified disability trust (see this page), use this worksheet only if the trust's modified AGI* is more than $159,950. Also, skip line 1, enter $3,500 on line 2, enter the trust's modified AGI on line 3, and enter $159,950 on line 4.
1. Is the amount on Form 1040NR, line 36, more than the amount shown on line 4 below for your filing status?
  No. Stop. Multiply $3,500 by the total number of exemptions claimed on Form 1040NR, line 7d, and enter the result on Form 1040NR, line 39.    
  Yes. Go to line 2.        
2. Multiply $3,500 by the total number of exemptions claimed on Form 1040NR, line 7d 2.  
3. Enter the amount from Form 1040NR, line 36 3.      
4. Enter the amount shown below for the filing status box you checked on page 1 of Form 1040NR:        
 
  • Box 1 or 2, enter $159,950

  • Box 3, 4, or 5, enter $119,975

  • Box 6, enter $239,950

4.      
5. Subtract line 4 from line 3. 5.      
6. Is line 5 more than $122,500 ($61,250 if you checked filing status box 3, 4, or 5)?        
  Yes. Multiply $2,333 by the total number of exemptions claimed on Form 1040NR, line 7d. Enter the result here and on Form 1040NR, line 39. Do not complete the rest of this worksheet.      
  No. Divide line 5 by $2,500 ($1,250 if you checked filing status box 3, 4, or 5). If the result is not a whole number, increase it to the next higher whole number (for example, increase 0.0004 to 1) 6.      
7. Multiply line 6 by 2% (.02) and enter the result as a decimal 7. .
8. Multiply line 2 by line 7 8.  
9. Divide line 8 by 3.0 9.  
10. Deduction for exemptions. Subtract line 9 from line 2. Enter the result here and on Form 1040NR, line 39 10.  
*Figure the trust's modified AGI by applying section 67(e) without regard to section 642(b).

Individuals.

If you are a nonresident alien individual, multiply $3,500 by the total number of exemptions entered on line 7d. If you were a resident of the Republic of Korea (South Korea), you must figure the exemptions for your spouse and children according to the proportion your U.S. effectively connected income bears to your total income. You also must complete item I on page 5 of the form. (For details, see Pub. 519.) But use the worksheet on this page to figure the amount, if any, to enter on line 39 if your adjusted gross income from line 36 is more than $159,950 if you checked filing status box 1 or 2; $119,975 if you checked filing status box 3, 4, or 5; or $239,950 if you checked filing status box 6.

Estates.

If you are filing for an estate, enter $600 on line 39.

Trusts.

If you are filing for a trust whose governing instrument requires it to distribute all of its income currently, enter $300 on line 39. If you are filing for a qualified disability trust (defined in section 642(b)(2)(C)(ii)), enter $3,500 on line 39. But if the qualified disability trust's modified AGI (determined under section 67(e) without regard to section 642(b)) is more than $159,950, use the worksheet on this page to figure the amount to enter on line 39. If you are filing for any other trust, enter $100 on line 39.

Line 41—Tax.   Include in the total on line 41 all of the following taxes that apply.
  • Tax on your taxable income. Figure the tax using one of the methods described on this page and the next page.

  • Tax from Form 8814 (relating to the election to report child's interest or dividends). Check the appropriate box.

  • Tax from Form 4972 (relating to lump-sum distributions). Check the appropriate box.

Tax Table or Tax Computation Worksheet.   If you are filing for an estate or trust, use the Tax Rate Schedules on page 46.

Individuals.   If your taxable income (line 40) is less than $100,000, you must use the Tax Table that begins on page 33 to figure your tax. Be sure you use the correct column. If you checked filing status box 3, 4, or 5, you must use the Married filing separately column. If your taxable income is $100,000 or more, use the Tax Computation Worksheet on page 45.

Exception.   Do not use the Tax Table, Tax Computation Worksheet, or Tax Rate Schedules to figure your tax if either of the following applies.
  • You are required to figure your tax using Form 8615, the Qualified Dividends and Capital Gain Tax Worksheet on page 18, or the Schedule D Tax Worksheet.

  • You use Schedule J (Form 1040) (for farming or fishing income) to figure your tax.

Form 8615.   You generally must use Form 8615 to figure the tax for any child who had more than $1,800 of investment income, such as taxable interest, ordinary dividends, or capital gains (including capital gain distributions), that is effectively connected with a U.S. trade or business, and who either:
  1. Was under age 18 at the end of 2008,

  2. Was age 18 at the end of 2008 and did not have earned income that was more than half of the child's support, or

  3. Was a full-time student over age 18 and under age 24 at the end of 2008 and did not have earned income that was more than half of the child's support.

But if the child files a joint return for 2008 or if neither of the child's parents was alive at the end of 2008, do not use Form 8615 to figure the child's tax.

  A child born on January 1, 1991, is considered to be age 18 at the end of 2008; a child born on January 1, 1990, is considered to be age 19 at the end of 2008; a child born on January 1, 1985, is considered to be age 24 at the end of 2008.

Schedule D Tax Worksheet.    If you have to file Schedule D (Form 1040) and Schedule D, line 18 or line 19, is more than zero, use the Schedule D Tax Worksheet on page D-10 of the Instructions for Schedule D to figure your tax.

Qualified Dividends and Capital Gain Tax Worksheet.    If you do not have to use the Schedule D Tax Worksheet (see above) and any of the following apply, use the worksheet below to figure your tax.
  • You reported qualified dividends on Form 1040NR, line 10b.

  • You do not have to file Schedule D (Form 1040) and you reported capital gain distributions on Form 1040NR, line 14.

  • You are filing Schedule D and Schedule D, lines 15 and 16, are both more than zero.

Qualified Dividends and Capital Gain Tax Worksheet—Line 41

Before you begin:

  • See the instructions for line 41 that begin on page 17 to see if you can use this worksheet to figure your tax.

  • If you do not have to file Schedule D (Form 1040) and you received capital gain distributions, be sure you checked the box on line 14 of Form 1040NR.

1. Enter the amount from Form 1040NR, line 40       1.      
2. Enter the amount from Form 1040NR, line 10b   2.          
3. Are you filing Schedule D (Form 1040)?              
  Yes. Enter the smaller of line 15 or 16 of Schedule D. If either line 15 or line 16 is a loss, enter -0-.   3.          
  No. Enter the amount from Form 1040NR, line 14.              
4. Add lines 2 and 3   4.          
5. Subtract line 4 from line 1. If zero or less, enter -0-       5.      
6. Enter the smaller of:              
 
  • The amount on line 1, or

  • $32,550 if you checked filing status box 1, 2, 3, 4, or 5; or
    $65,100 if you checked filing status box 6

  . 6.      
7. Is the amount on line 5 equal to or more than the amount on
line 6?
             
  Yes.
No.
Skip lines 7 and 8; go to line 9 and check the “No” box.
Enter the amount from line 5
7.      
8. Subtract line 7 from line 6 8.      
9. Are the amounts on lines 4 and 8 the same?              
  Yes.
No.
Skip lines 9 through 12; go to line 13.
Enter the smaller of line 1 or line 4
9.      
10. Enter the amount from line 8 (if line 8 is blank, enter -0-) 10.      
11. Subtract line 10 from line 9 11.      
12. Multiply line 11 by 15% (.15) 12.  
13. Figure the tax on the amount on line 5. Use the Tax Table or Tax Computation Worksheet, whichever applies* 13.  
14. Add lines 12 and 13 14.  
15. Figure the tax on the amount on line 1. Use the Tax Table or Tax Computation Worksheet, whichever applies* 15.  
16. Tax on all taxable income. Enter the smaller of line 14 or line 15 here and on Form 1040NR, line 41 16.  
*Estates and trusts must use the Tax Rate Schedules.
Schedule J (Form 1040).    If you had income from farming or fishing (including certain amounts received in connection with the Exxon Valdez litigation), your tax may be less if you choose to figure it using income averaging on Schedule J.

Line 42—Alternative minimum tax.   The tax law gives special treatment to some kinds of income and allows special deductions and credits for some kinds of expenses. If you benefit from these provisions, you may have to pay a minimum amount of tax through the alternative minimum tax. This tax is figured on Form 6251 for individuals. If you are filing for an estate or trust, see Schedule I (Form 1041) and its instructions to find out if you owe this tax.

  If you have any of the adjustments or preferences from the list on page 19 or you are claiming a net operating loss deduction, a general business credit, or the foreign tax credit, you must complete Form 6251. Otherwise, to see if you should complete Form 6251, add the amount on line 38 of Form 1040NR to the amounts on lines 3 and 15 of Schedule A (Form 1040NR). If the total is more than the dollar amount shown below that applies to you, fill in Form 6251.
  • $46,200 if you checked filing status box 1 or 2.

  • $34,975 if you checked filing status box 3, 4, or 5.

  • $69,950 if you checked filing status box 6.

Disposition of U.S. real property interests.   If you disposed of a U.S. real property interest at a gain, you must make a special computation to see if you owe this tax. For details, see the Instructions for Form 6251.

Adjustments and Preferences:   
  • Accelerated depreciation.

  • Stock by exercising an incentive stock option and you did not dispose of the stock in the same year.

  • Tax-exempt interest from private activity bonds.

  • Intangible drilling, circulation, research, experimental, or mining costs.

  • Amortization of pollution-control facilities or depletion.

  • Income or (loss) from tax-shelter farm activities or passive activities.

  • Income from long-term contracts not figured using the percentage-of-
    completion method.

  • Alternative minimum tax adjustments from an estate, trust, electing large partnership, or cooperative.

  • Section 1202 exclusion.

  • Empowerment zone and renewal community employment credit.

  • Qualified electric vehicle credit.

  • Alternative motor vehicle credit.

  • Alternative fuel vehicle refueling property credit.

  • Credit for prior year minimum tax.

  Form 6251 should be filled in for a child if Form 8615 must be used to figure the child's tax and the child's adjusted gross income on Form 1040NR, line 36, exceeds the child's earned income by more than $6,400. To find out when Form 8615 must be used, see page 17.

Credits

Line 44—Foreign tax credit.   If you paid income tax to a foreign country, you may be able to take this credit, but only if you:
  1. Report income from foreign sources (see Foreign Income Taxed by the United States on page 6), and

  2. Have paid or owe foreign tax on that income.

  Generally, you must complete and attach Form 1116 to take this credit.

Exception.

You do not have to complete Form 1116 to take this credit if all six of the following apply.

  1. Form 1040NR is being filed for a nonresident alien individual and not an estate or trust.

  2. All of your gross foreign source income was from the passive category (which includes most interest and dividend income).

  3. All the income and any foreign taxes paid on it were reported to you on qualified payee statements, such as Form 1099-INT, Form 1099-DIV, or similar substitute statements.

  4. If you have dividend income from shares of stock, you held those shares for at least 16 days.

  5. The total of your foreign taxes was not more than $300.

  6. All of your foreign taxes were:

    1. Legally owed and not eligible for a refund, and

    2. Paid to countries that are recognized by the United States and do not support terrorism.

Note.

  If you meet all six requirements, see Election To Claim the Foreign Tax Credit Without Filing Form 1116 in the Instructions for Form 1116 to figure the amount to enter on Form 1040NR, line 44. If you do not meet all six requirements, see Form 1116 to find out if you can take the credit.

Line 45—Credit for child and dependent care expenses.   You may be able to take this credit if you paid someone to care for your qualifying child under age 13 or your dependent or spouse who could not care for himself or herself. For details, see the Instructions for Form 2441.

Line 46—Retirement savings contributions credit (saver's credit).   You may be able to take this credit if you made (a) contributions to a traditional or Roth IRA; (b) elective deferrals to a 401(k) or 403(b) plan (including designated Roth contributions) or to a governmental 457, SEP, or SIMPLE plan; (c) voluntary employee contributions to a qualified retirement plan (including the federal Thrift Savings Plan); or (d) contributions to a 501(c)(18)(D) plan.

   However, you cannot take the credit if either of the following applies.
  • The amount on Form 1040NR, line 36, is more than $26,500.

  • The person(s) who made the qualified contribution or elective deferral (a) was born after January 1, 1991, (b) is claimed as a dependent on someone else's 2008 tax return, or (c) was a student (defined below).

  You were a student if during any part of 5 calendar months of 2008 you:
  • Were enrolled as a full-time student at a school, or

  • Took a full-time, on-farm training course given by a school or a state, county, or local government agency. A school includes a technical, trade, and mechanical school. It does not include an on-the-job training course, correspondence school, or school offering courses only through the Internet.

  For more details, see Form 8880.

Line 47—Child tax credit.   This credit is for people who have a qualifying child as defined in the instructions for line 7c, column (4), on page 8. It is in addition to the credit for child and dependent care expenses on Form 1040NR, line 45.

Three steps to take the child tax credit.

  1. Make sure you have a qualifying child for the child tax credit (defined in the instructions for line 7c, column (4), on page 8).

  2. Make sure that for each qualifying child you either checked the box on Form 1040NR, line 7c, column (4), or completed Form 8901 (if the child is not your dependent).

  3. Answer the questions in the Who Must Use Pub. 972 chart on page 19 to see if you can use the Child Tax Credit Worksheet on page 19 to figure your credit or if you must use Pub. 972.

Line 48.   Include the following credits on line 48 and check the appropriate box(es). To find out if you can take the credit, see the form indicated.
  • Mortgage interest credit. If a state or local government gave you a mortgage credit certificate, see Form 8396.

  • Adoption credit. If you paid expenses to adopt a child or you adopted a child with special needs and the adoption became final in 2008, see the Instructions for Form 8839.

  • Residential energy efficient property credit. You may be able to take this credit if you paid qualified solar electric, solar water heating, fuel cell, small wind energy, or geothermal heat pump property costs for your home located in the United States.

  If you are a member of a condominium management association for a condominium you own or a tenant-stockholder in a cooperative housing corporation, you are treated as having paid your proportionate share of any costs of such association or corporation for purposes of this credit.

  See Form 5695.

Who Must Use Pub. 972—Line 47

1. Is the amount on Form 1040NR, line 36, more than the amount shown below for your filing status?
 
  • Filing status 1, 2, or 6—$75,000

  • Filing status 3, 4, or 5—$55,000

  Yes.Stop. You must use Pub. 972 to figure your credit.
  No. Go to line 2.
2. Are you claiming any of the following credits?
 
  • Mortgage interest credit, Form 8396.

  • Adoption credit, Form 8839.

  • District of Columbia first-time homebuyer credit, Form 8859.

  • Residential energy efficient property credit, Form 5695.

  Yes.Stop. You must use Pub. 972 to figure your child tax credit. You also will need the form(s) listed above for any credit(s) you are claiming.
  No. Use the worksheet on this page to figure your child tax credit.

Child Tax Credit Worksheet—Line 47

  • To be a qualifying child for the child tax credit, the child must be under age 17 at the end of 2008 and meet the other requirements listed in the instructions for line 7c, column (4), on page 8.

  • Do not use this worksheet if you answered “Yes” to question 1 or 2 in Who Must Use Pub. 972 above. Instead, use Pub. 972.

1. Number of qualifying children: X $1,000. Enter the result     1.  
2. Enter the amount from Form 1040NR, line 43 2.      
3. Enter the total of the amounts from Form 1040NR,
lines 44, 45 and 46
3.      
4. Are the amounts on lines 2 and 3 the same?
Yes.STOP. You cannot take this credit because there is no tax to reduce. However, you may be able to take the additional child tax credit. See the TIP below.
No. Subtract line 3 from line 2
4.  
5. Is the amount on line 1 more than the amount on line 4?
Yes. Enter the amount from line 4. Also, you may be able to take the additional child tax credit. See the TIP below.
No. Enter the amount from line 1
5.  
  This is your child tax credit. Enter this amount on Form 1040NR, line 47.    
TIP: You may be able to take the additional child tax credit on Form 1040NR,
line 61, if you answered “Yes” on line 4 or line 5 above.
  • First, complete your Form 1040NR through line 60.

  • Then, use Form 8812 to figure any additional child tax credit.

Line 49—Other credits.   Include the following credits on line 49 and check the appropriate box(es). If box c is checked, also enter the applicable form number. To find out if you can take the credit, see the form or publication indicated.
  • District of Columbia first-time homebuyer credit. See Form 8859.

  • Qualified electric vehicle credit. You cannot claim this credit for a vehicle placed in service after 2006. You can claim this credit only if you have a passive activity electric vehicle credit carried forward from a prior year. See Form 8834.

  • Alternative motor vehicle credit. If you placed an alternative motor vehicle (such as a qualified hybrid vehicle) in service during 2008, see Form 8910.

  • Alternative fuel vehicle refueling property credit. See Form 8911.

  • General business credit. This credit consists of a number of credits that usually apply only to individuals who are partners, self-employed, or who have rental property. See Form 3800 or Pub. 334.

  • Credit for prior year minimum tax. If you paid alternative minimum tax in a prior year, see Form 8801.

  • Credit to holders of tax credit bonds. See Form 8912.

Other Taxes

Line 53—Unreported social security and Medicare tax from Forms 4137 and 8919.    Enter the total of any taxes from Form 4137 and Form 8919. Check the appropriate box(es).

Form 4137.

If you received tips of $20 or more in any month and you did not report the full amount to your employer, you must pay the social security and Medicare or railroad retirement (RRTA) tax on the unreported tips. You also must pay this tax if your Form(s) W-2 shows allocated tips that you are including in your income on Form 1040NR, line 8.

To figure the social security and Medicare tax, use Form 4137. If you owe RRTA tax, contact your employer. Your employer will figure and collect the RRTA tax.

You may be charged a penalty equal to 50% of the social security and Medicare tax due on tips you received but did not report to your employer.

Form 8919.

If you are an employee who received wages from an employer who did not withhold social security and Medicare tax from your wages, use Form 8919 to figure your share of the unreported tax. Include on line 53 the amount from line 13 of Form 8919. Include the amount from line 6 of Form 8919 on Form 1040NR, line 8.

Line 54—Additional tax on IRAs, other qualified retirement plans, etc.   If any of the following apply, see Form 5329 and its instructions to find out if you owe this tax and if you must file Form 5329.
  1. You received an early distribution from (a) an IRA or other qualified retirement plan, (b) an annuity,
    or (c) a modified endowment contract entered into after June 20, 1988, and the total distribution was not rolled over in a qualified rollover contribution.

  2. Excess contributions were made to your IRAs, Coverdell education savings accounts (ESAs), Archer MSAs, or health savings accounts (HSAs).

  3. You received taxable distributions from Coverdell ESAs or qualified tuition programs.

  4. You were born before July 1, 1937, and did not take the minimum required distribution from your IRA or other qualified retirement plan.

Exception.

If only item (1) applies to you and distribution code 1 is correctly shown in your Form 1099-R, box 7, you do not have to file Form 5329. Instead, multiply the taxable amount of the distribution by 10% (.10) and enter the result on line 54. The taxable amount of the distribution is the part of the distribution you reported on Form 1040NR, line 16b or line 17b, or on Form 4972. Also, enter “No” on the dotted line next to line 54 to indicate that you do not have to file Form 5329. But if distribution code 1 is incorrectly shown in Form 1099-R, box 7, you received a Form 1042-S for the distribution, or you qualify for an exception for qualified higher education expenses or qualified first-time homebuyer distributions, you must file Form 5329.

Line 55—Transportation tax.   Nonresident alien individuals are subject to a 4% tax on U.S. source gross transportation income that is not effectively connected with a U.S. trade or business. However, the term U.S. source gross transportation income does not include any such income that is taxable in a possession of the United States under the provisions of the Internal Revenue Code as applied to that possession.

  For purposes of this tax,
transportation income will be treated as not effectively connected with the conduct of a trade or business in the United States unless:
  1. You had a fixed place of business in the United States involved in the earning of transportation income, and

  2. At least 90% of your U.S. source gross transportation income was attributable to regularly scheduled transportation. Or, in the case of income from the leasing of a vessel or aircraft, it was attributable to a fixed place of business in the United States. See sections 887 and 863 for rules, definitions, and exceptions.

  You may be exempt from this tax because of a treaty or an exchange of notes between the United States and the country of which you are a resident. If the country of which you are a resident does not impose tax on the shipping or aircraft income of U.S. persons, you also may be exempt from this tax. If you are exempt from the tax for one of these reasons, you must attach a statement to Form 1040NR identifying your country of residence and the treaty, note, or law and provisions under which you claim exemption from the tax.

  If you owe this tax, you must attach a statement to your return that includes the information described in Pub. 519.

Line 56—Household employment taxes.   If any of the following apply, see Schedule H (Form 1040) and its instructions to find out if you owe these taxes.
  1. You paid any one household employee (defined below) cash wages of $1,600 or more in 2008. Cash wages include wages paid by check, money order, etc.

  2. You withheld federal income tax during 2008 at the request of any household employee.

  3. You paid total cash wages of $1,000 or more in any calendar quarter of 2007 or 2008 to household employees.

  For item (1), do not count amounts paid to an employee who was under age 18 at any time in 2008 and was a student.

Household employee.

Any person who does household work is a household employee if you can control what will be done and how it will be done. Household work includes work done in or around your home by babysitters, nannies, health aides, maids, yard workers, and similar domestic workers.

Line 57—Total tax.   Include in the total on line 57 any of the following taxes. To find out if you owe the tax, see the form or publication indicated. On the dotted line next to line 57, enter the amount of the tax and identify it as indicated.

Additional taxes on the following.

  • Health savings account (HSA) distributions (see Form 8889, Part II). Identify as “HSA.

  • An HSA because you did not remain an eligible individual during the testing period (see Form 8889, Part III). Identify as “HDHP.

  • Archer MSA distributions (see Form 8853). Identify as “MSA.

  • Medicare Advantage MSA distributions (see Form 8853). Identify as “Med MSA.

Recapture of the following credits.

  • Investment credit (see Form 4255). Identify as “ICR.

  • Low-income housing credit (see Form 8611). Identify as “LIHCR.

  • Qualified electric vehicle credit (see Form 8834). Identify as “QEVCR.

  • Indian employment credit (see Form 8845). Identify as “IECR.

  • New markets credit (see Form 8874). Identify as “NMCR.

  • Credit for employer-provided childcare facilities (see Form 8882). Identify as “ECCFR.

  • Alternative motor vehicle credit (see Form 8910). Identify as “AMVCR.

  • Alternative fuel vehicle refueling property credit (see Form 8911). Identify as “ARPCR.

Recapture of federal mortgage subsidy.

If you sold your home in 2008 and it was financed (in whole or in part) from the proceeds of any tax-exempt qualified mortgage bond or you claimed the mortgage interest credit, see Form 8828. Identify as “FMSR.

Section 72(m)(5) excess benefits tax.

(See Pub. 560.) Identify as
Sec. 72(m)(5).

Uncollected social security and Medicare or RRTA tax on tips or group-term life insurance.

This tax should be shown in box 12 of Form W-2 with codes A and B or M and N. Identify as “UT.

Golden parachute payments.

If you received an excess parachute payment (EPP), you must pay a 20% tax on it. This tax should be shown in your Form W-2, box 12, with code K. If you received a Form 1099-MISC, the tax is 20% of the EPP shown in box 13. Identify as “EPP.

Tax on accumulation distribution of trusts.

Enter the amount from Form 4970 and identify as “ADT.

Excise tax on insider stock compensation from an expatriated corporation.

You may owe a 15% excise tax on the value of nonstatutory stock options and certain other stock-based compensation held by you or a member of your family from an expatriated corporation or its expanded affiliated group in which you were an officer, director, or more-than-10% owner. See section 4985. Identify as “ISC.

Additional tax on income you received from a nonqualified deferred compensation plan that fails to meet certain requirements.

This income should be shown in Form W-2, box 12, with code Z, or in Form 1099-MISC, box 15b. The tax is 20% of the amount required to be included in income plus an interest amount determined under section 409A(a)(1)(B)(ii). See section 409A(a)(1)(B) for details. Identify as “NQDC.

Interest on the tax due on installment income from the sale of certain residential lots and timeshares.

Identify as “453(l)(3).

Interest on the deferred tax on gain from certain installment sales with a sales price over $150,000.

Identify as “453A(c).

Additional tax on recapture of a charitable contribution deduction relating to a fractional interest in tangible personal property.

See Pub. 526. Identify as “FITPP.

Payments

Line 58—Federal income tax withheld.   Enter all federal income tax withheld on your effectively connected income from Forms W-2 and 1099-R. The amount withheld should be shown in Form W-2, box 2, and in Form 1099-R, box 4. If line 58 includes amounts withheld as shown on Form 1099-R, attach the Form 1099-R to the front of your return. Also, include in the total for line 58 any tax withheld from Form 1042-S, box 9, that was withheld on:
  • Scholarship or fellowship grants, or

  • Pensions that you included on line 17a or 17b.

  If you received a 2008 Form 1099 showing federal income tax withheld on dividends, taxable or tax-exempt interest income, or other income you received, include the amount withheld in the total on line 58. This should be shown in Form 1099, box 4.

  Do not include on line 58 amounts withheld on income not effectively connected with a U.S. trade or business. Those amounts should be reported in column (a) on page 4. They are then carried over to page 2, line 65.

Line 59—2008 estimated tax payments.   Enter any estimated federal income tax payments you made using Form 1040-ES (NR) for 2008. Include any overpayment from your 2007 return that you applied to your 2008 estimated tax.

Name change.

If you changed your name because of marriage, divorce, etc., and you made estimated tax payments using your former name, attach a statement to the front of Form 1040NR. On the statement, list all of the payments you made in 2008 and show the name(s) and identifying number(s) under which you made them.

Line 60—Excess social security and tier 1 RRTA tax withheld.   If you had more than one employer for 2008 and total wages of more than $102,000, too much social security or tier 1 railroad retirement (RRTA) tax may have been withheld. You can take a credit on this line for the amount withheld in excess of $6,324. But if any one employer withheld more than $6,324, you cannot claim the excess on your return. The employer should adjust the tax for you. If the employer does not adjust the overcollection, you can file a claim for refund using Form 843.

  You cannot claim a refund for excess tier 2 RRTA tax on Form 1040NR. Instead, use Form 843.

  For more details, see Pub. 505.

Line 61—Additional child tax credit.   This credit is for certain people who have at least one qualifying child as defined in the instructions for line 7c, column (4), on page 8. The additional child tax credit may give you a refund even if you do not owe any tax.

  To take the credit:
  1. Be sure you figured the amount, if any, of your child tax credit. See the instructions for line 47 on page 20.

  2. Read the TIP at the end of your Child Tax Credit Worksheet on page 19. Use Form 8812 to see if you can take the additional child tax credit, but only if you meet the conditions given in that TIP.

Line 62—Amount paid withForm 4868 (request for extension).   If you filed Form 4868 to get an automatic extension of time to file Form 1040NR, enter any amount you paid with that form or by electronic funds withdrawal or credit card. If you paid by credit card, do not include on line 62 the convenience fee you were charged.

Line 63—Other payments.   Check the box(es) on line 63 to report any credit from Form 2439, 4136, or 8885.

Line 64—Credit for amount paid with Form 1040-C.   Enter any amount you paid with Form 1040-C for 2008.

Line 65—U.S. tax withheld at source.    Enter on line 65 the amount you show on page 4, line 85. Be sure to attach a copy of all Form(s) 1042-S, SSA-1042S, RRB-1042S, or similar form(s).

Lines 66a and 66b—U.S. tax withheld at source by partnerships under section 1446.   Enter on line 66a any tax withheld by a partnership shown on Form(s) 8805. Enter on
line 66b any tax withheld by a partnership shown on Form(s) 1042-S. Be sure to attach a copy of all Form(s) 8805 and 1042-S.

Lines 67a and 67b—U.S. tax withheld on dispositions of U.S. real property interests.   Enter on line 67a any tax withheld on dispositions of U.S. real property interests from Form(s) 8288-A. Enter on line 67b any tax withheld on dispositions of U.S. real property interests from Form(s) 1042-S. Be sure to attach a copy of all Form(s) 8288-A and 1042-S.

Line 68—Refundable credit for prior year minimum tax.   If you have an unused minimum tax credit carryforward from 2005, you may be able to claim at least part of it as a refundable credit. Enter on line 68 the amount, if any, from Form 8801, line 30.

Refund

Line 70—Amount overpaid.   If
line 70 is under $1, we will send a refund only on written request.

  If the amount you overpaid is large, you may be able to decrease the amount of income tax withheld from your pay by filing a new Form W-4. See on page 29.

Refund offset.

If you owe past-due federal tax, state income tax, child support, spousal support, or certain federal nontax debts, such as student loans, all or part of the overpayment on line 70 may be used (offset) to pay the past-due amount. Offsets for federal taxes are made by the IRS. All other offsets are made by the Treasury Department's Financial Management Service (FMS). For federal tax offsets, you will receive a notice from the IRS. For all other offsets, you will receive a notice from FMS. To find out if you may have an offset or if you have any questions about it, contact the agency(ies) to which you owe the debt.

Lines 71a through 71d—Direct deposit of refund.   
Fast Refunds! Choose direct deposit–a fast, simple, safe, secure way to have your refund deposited automatically to your checking or savings account, including an individual retirement arrangement (IRA). See the information on IRAs on page 23.
Why Use Direct Deposit?
  • You get your refund faster by direct deposit than you do by check.

  • Payment is more secure. There is no check that can get lost or stolen.

  • It is more convenient. You do not have to make a trip to the bank to deposit your check.

  • It saves tax dollars. It costs the government less to refund by direct deposit.

If you want us to directly deposit the amount shown on line 71a to your checking or savings account, including an IRA, at a U.S. bank or other financial institution (such as a mutual fund, brokerage firm, or credit union) in the United States:
  • Check the box on line 71a and attach Form 8888 if you want to split the direct deposit of your refund among two or three accounts, or

  • Complete lines 71b through 71d if you want your refund deposited to only one account.


Otherwise, we will send you a check.

Note.

   The IRS is not responsible for a lost refund if you enter the wrong account information. Check with your financial institution to get the correct routing and account numbers and to make sure your direct deposit will be accepted. Do not use the routing number on a deposit slip if it is different from the routing number on your checks.

  If the direct deposit to your account(s) is different from the amount you expected, you will receive an explanation in the mail about 2 weeks after your refund is deposited.

TreasuryDirect.

You can request a deposit of your refund to a TreasuryDirect online account to buy U.S. Treasury marketable securities and savings bonds. For more information, go to www.treasurydirect.gov.

Line 71b.

The routing number must be nine digits. The first two digits must be 01 through 12 or 21 through 32. Otherwise, the direct deposit will be rejected and a check sent instead. On the sample check below, the routing number is 250250025. Rufus and Mary Maple would use that routing number unless their financial institution instructed them to use a different routing number for direct deposits.

Ask your financial institution for the correct routing number to enter on line 71b if:

  • Your deposit is to a savings account that does not allow you to write checks, or

  • Your checks state they are payable through a financial institution different from the one at which you have your checking account.

Line 71c.

Check the appropriate box for the type of account. Do not check more than one box. If the deposit is to an account such as an IRA, health savings account, brokerage account, or other similar account, ask your financial institution whether you should check the “Checking” or “Savings” box. You must check the correct box to ensure your deposit is accepted. For a TreasuryDirect online account, check the “Savings” box.

Line 71d.

The account number can be up to 17 characters (both numbers and letters). Include hyphens but omit spaces and special symbols. Enter the number from left to right and leave any unused boxes blank. On the sample check below, the account number is 20202086. Do not include the check number.

  You cannot request a deposit of your refund to an account that is not in your name (such as your tax preparer's own account.)

Individual Retirement Arrangement (IRA).   You can have your refund directly deposited to a traditional IRA, Roth IRA, or SEP-IRA, but not a SIMPLE IRA. You must establish the IRA at a bank or other financial institution before you request direct deposit. Make sure your direct deposit will be accepted. You also must notify the trustee of your account of the year to which the deposit is to be applied unless the trustee will not accept a deposit for 2008. If you do not, the trustee can assume the deposit is for the year during which you are filing the return. For example, if you file your 2008 return during 2009 and do not notify the trustee in advance, the trustee can assume the deposit to your IRA is for 2009. If you designate your deposit to be for 2008, you must verify that the deposit actually was made to the account by the due date of the return (without regard to extensions). If the deposit is not made by that date, the deposit is not an IRA contribution for 2008. In that case, you must file an amended 2008 return and reduce any IRA deduction and any retirement savings contributions credit you claimed.

  You may be able to contribute up to $5,000 ($6,000 if age 50 or older at the end of the year) to a traditional IRA or Roth IRA for 2008 or 2009. A higher limit may apply for 2008 and 2009 if you were a participant in a 401(k) plan and your employer was in bankruptcy in an earlier year. You may owe a penalty if your contributions exceed these limits.

  For more information on IRAs, see Pub. 590.

Line 72—Applied to 2009 estimated tax.   Enter on line 72 the amount, if any, of the overpayment on line 70 you want applied to your 2009 estimated tax. This election cannot be changed later.

Amount You Owe

Line 73—Amount you owe.   To save interest and penalties, pay your taxes in full by the due date. You do not have to pay if line 73 is under $1.

  Include any estimated tax penalty from line 74 in the amount you enter on line 73.

  You can pay by check, money order, credit card, or the electronic federal tax payment system. Do not include any estimated tax payment for 2009 in your check, money order, or amount you charge. Instead, make the estimated tax payment separately.

To pay by check or money order.    Make your check or money order payable to the “United States Treasury” for the full amount due. Do not send cash. Do not attach the payment to your return. Write “2008 Form 1040NR” and your name, address, daytime phone number, and SSN or ITIN on your payment.

  To help process your payment, enter the amount on the right side of the check like this: $ XXX.XX. Do not use dashes or lines (for example, do not enter “XXX–” or “XXX ”).

To pay by credit card.    You can use your American Express® Card, Discover® Card, MasterCard® card, or Visa® card. To pay by credit card, call toll-free or visit the website of either service provider listed below and follow the instructions. You will be asked to provide your social security number (SSN). If you do not have and are not eligible to get an SSN, use your IRS-issued individual taxpayer identification number (ITIN) instead.

  A convenience fee will be charged by the service provider based on the amount you are paying. Fees may vary between the providers. You will be told what the fee is during the transaction and you will have the option to either continue or cancel the transaction. You also can find out what the fee will be by calling the provider's toll-free automated customer service number or visiting the provider's website shown below.

  
  Official Payments Corporation
1-800-2PAY-TAXSM (1-800-272-9829)
1-877-754-4413 (Customer Service)
www.officialpayments.com
  Link2Gov Corporation
1-888-PAY-1040SM (1-888-729-1040)
1-888-658-5465 (Customer Service)
www.PAY1040.com

To pay by electronic federal tax payment system (EFTPS).   You also can pay using EFTPS, a free tax payment system that allows you to make payments online or by phone. For more information or details on enrolling, visit www.eftps.gov or, if you are in the United States, call Customer Service at 1-800-316-6541. TTY/TDD help is available by calling 1-800-733-4829.

You may need to (a) increase the amount of income tax withheld from your pay by filing a new Form W-4, (b) increase the tax withholding from other income by filing Form W-4P or W-4V, or (c) make estimated tax payments for 2009. See on page 29.

What if you cannot pay?    If you cannot pay the full amount shown on line 73 when you file, you can ask to make monthly installment payments for the full or a partial amount. You may have up to 60 months to pay. However, even if your request to pay in installments is granted, you will be charged interest and may be charged a late payment penalty on the tax not paid by the date due. You also must pay a fee. To limit the interest and penalty charges, pay as much of the tax as possible when you file. But before requesting an installment agreement, you should consider other less costly alternatives, such as a bank loan or credit card payment.

  To ask for an installment agreement, you can apply online or use Form 9465. To apply online, go to www.irs.gov, use the pull-down menu under “I need to...” and select “Set Up a Payment Plan.” If you use Form 9465, you should receive a response to your request for installments within 30 days. But if you file your return after March 31, it may take us longer to reply.

Line 74—Estimated tax penalty.   You may owe this penalty if:
  • Line 73 is at least $1,000 and it is more than 10% of the tax shown on your return, or

  • You did not pay enough estimated tax by any of the due dates. This is true even if you are due a refund.

  For most people, the “tax shown on your return” is the amount on line 57 minus the total of any amounts shown on lines 61 and 68 and Forms 8828, 4137, 4136, 5329 (Parts III through VIII only), 8885, and 8919. Also, subtract from line 57 any tax on an excess parachute payment, any excise tax on insider stock compensation of an expatriated corporation, and any uncollected social security and Medicare or RRTA tax on tips or group-term life insurance. When figuring the amount on line 57, include the amount on line 56 only if line 58 is more than zero or you would owe the penalty even if you did not include those taxes. But if you entered an amount on Schedule H (Form 1040), line 7, include the total of that amount plus the amount on Form 1040NR, line 56.

Exception.    You will not owe the penalty if your 2007 tax return was for a tax year of 12 full months and either of the following applies.
  1. You had no tax shown on your 2007 return and you were a U.S. citizen or resident for all of 2007, or

  2. The total of lines 58, 59, 60, and 64 through 67b on your 2008 return is at least as much as the tax shown on your 2007 return. Your estimated tax payments for 2008 must have been made on time and for the required amount.

  If your 2007 adjusted gross income was over $150,000 (over $75,000 if you checked filing status box 3, 4, or 5 for 2008), item (2) applies only if the total of lines 58, 59, 60, and 64 through 67b on your 2008 tax return is at least 110% of the tax shown on your 2007 return. This rule does not apply to farmers and fishermen.

Figuring the penalty.    If the Exception above does not apply and you choose to figure the penalty yourself, see Form 2210 (or Form 2210-F for farmers and fishermen) to find out if you owe the penalty. If you do, you can use the form to figure the amount.

  Enter the penalty on line 74. Add the penalty to any tax due and enter the total on line 73. If you are due a refund, subtract the penalty from the overpayment you show on line 70. Do not file Form 2210 with your return unless Form 2210 indicates that you must do so. Instead, keep it for your records.

  Because Form 2210 is complicated, you can leave line 74 blank and the IRS will figure the penalty and send you a bill. We will not charge you interest on the penalty if you pay by the date specified on the bill. If your income varied during the year, the annualized income installment method may reduce the amount of your penalty. But you must file Form 2210 because the IRS cannot figure your penalty under this method. See the Instructions for Form 2210 for other situations in which you may be able to lower your penalty by filing Form 2210.

Third Party Designee

If you want to allow a friend, family member, or any other person you choose to discuss your 2008 tax return with the IRS, check the “Yes” box in the “Third Party Designee” area of your return. Also, enter the designee's name, U.S. phone number, and any five numbers the designee chooses as his or her personal identification number (PIN). But if you want to allow the paid preparer who signed your return to discuss it with the IRS, just enter “Preparer” in the space for the designee's name. You do not have to provide the other information requested.

If you check the “Yes” box, you are authorizing the IRS to call the designee to answer any questions that may arise during the processing of your return. You also are authorizing the designee to:

  • Give the IRS any information that is missing from your return,

  • Call the IRS for information about the processing of your return or the status of your refund or payment(s),

  • Receive copies of notices or transcripts related to your return, upon request, and

  • Respond to certain IRS notices about math errors, offsets, and return preparation.

You are not authorizing the designee to receive any refund check, bind you to anything (including any additional tax liability), or otherwise represent you before the IRS. If you want to expand the designee's authorization, see Pub. 947.

The authorization will end automatically no later than the due date (without regard to extensions) for filing your 2009 tax return (see When To File on page 4). If you wish to revoke the authorization before it ends, see Pub. 947.

Signature

See Reminders beginning on page 29 after you complete pages 3, 4, and 5 of the form.

Instructions for Schedule A, Itemized Deductions

Do not include on Schedule A (Form 1040NR) items deducted elsewhere such as on Form 1040NR or Schedule C, C-EZ, E, or F (Form 1040).

State and Local Income Taxes

Lines 1 Through 3

You can deduct state and local income taxes you paid or that were withheld from your salary during 2008 on income connected with a U.S. trade or business. If, during 2008, you received any refunds of, or credits for, income tax paid in earlier years, do not subtract them from the amount you deduct here. Instead, see the instructions for
Form 1040NR, line 11, on page 10.

Gifts to U.S. Charities

Lines 4 Through 7

You can deduct contributions or gifts you gave to U.S. organizations that are religious, charitable, educational, scientific, or literary in purpose. You also can deduct what you gave to organizations that work to prevent cruelty to children or animals.

To verify an organization's charitable status, you can:

  • Check with the organization to which you made the donation. The organization should be able to provide you with verification of its charitable status.

  • See Pub. 78 for a list of most qualified organizations. You can access Pub. 78 at www.irs.gov under Charities and Non-Profits, then Contributors.

  • If in the United States, call our Tax Exempt/Government Entities Customer Account Services at 1-877-829-5500.

Examples of U.S. qualified charitable organizations include the following.

  • Churches, mosques, synagogues, temples, etc.

  • Boy Scouts, Boys and Girls Clubs of America, CARE, Girl Scouts, Goodwill Industries, Red Cross, Salvation Army, United Way, etc.

  • Fraternal orders, if the gifts will be used for the purposes listed above.

  • Veterans' and certain cultural groups.

  • Nonprofit schools, hospitals, and organizations whose purpose is to find a cure for, or help people who have, arthritis, asthma, birth defects, cancer, cerebral palsy, cystic fibrosis, diabetes, heart disease, hemophilia, mental illness or retardation, multiple sclerosis, muscular dystrophy, tuberculosis, etc.

  • Federal, state, and local governments if the gifts are solely for public purposes.

Contributions you can deduct.   Contributions can be in cash, property, or out-of-pocket expenses you paid to do volunteer work for the kinds of organizations described earlier. If you drove to and from the volunteer work, you can take the actual cost of gas and oil or 14 cents a mile. Add parking and tolls to the amount you claim under either method. But do not deduct any amounts that were repaid to you.

Gifts from which you benefit.    If you made a gift and received a benefit in return, such as food, entertainment, or merchandise, you generally can deduct only the amount that is more than the value of the benefit. But this rule does not apply to certain membership benefits provided in return for an annual payment of $75 or less or to certain items or benefits of token value. For details, see Pub. 526.

Example.

You paid $70 to a charitable organization to attend a fund-raising dinner and the value of the dinner was $40. You can deduct only $30.

Gifts of $250 or more.   You can deduct a gift of $250 or more only if you have a statement from the charitable organization showing the information in (1) and (2) below.
  1. The amount of any money contributed and a description (but not value) of any property donated.

  2. Whether the organization did or did not give you any goods or services in return for your contribution. If you did receive any goods or services, a description and estimate of the value must be included. If you received only intangible religious benefits (such as admission to a religious ceremony), the organization must state this, but it does not have to describe or value the benefit.

  In figuring whether a gift is $250 or more, do not combine separate donations. For example, if you gave your church $25 each week for a total of $1,300, treat each $25 payment as a separate gift. If you made donations through payroll deductions, treat each deduction from each paycheck as a separate gift. See Pub. 526 if you made a separate gift of $250 or more through payroll deduction.

  You must get the statement by the date you file your return or the due date (including extensions) for filing your return, whichever is earlier. Do not attach the statement to your return. Instead, keep it for your records.

Limit on the amount you can deduct.    See Pub. 526 to figure the amount of your deduction if any of the following applies.
  1. Your cash contributions or contributions of ordinary income property are more than 30% of the amount on Form 1040NR, line 36.

  2. Your gifts of capital gain property are more than 20% of the amount on
    Form 1040NR, line 36.

  3. You gave gifts of property that increased in value or gave gifts of the use of property.

Contributions you cannot deduct.   
  • Travel expenses (including meals and lodging) while away from home, unless there was no significant element of personal pleasure, recreation, or vacation in the travel.

  • Political contributions.

  • Dues, fees, or bills paid to country clubs, lodges, fraternal orders, or similar groups.

  • Cost of raffle, bingo, or lottery tickets.

  • Cost of tuition. But you may be able to deduct this expense on line 9. See page 26.

  • Value of your time or services.

  • Value of blood given to a blood bank.

  • The transfer of a future interest in tangible personal property (generally, until the entire interest has been transferred).

  • Gifts to individuals and groups that are run for personal profit.

  • Gifts to foreign organizations. But you may be able to deduct gifts to certain U.S. organizations that transfer funds to foreign charities and certain Canadian, Israeli, and Mexican charities. See Pub. 526 for details.

  • Gifts to organizations engaged in certain political activities that are of direct financial interest to your trade or business. See section 170(f)(9).

  • Gifts to groups whose purpose is to lobby for changes in the laws.

  • Gifts to civic leagues, social and sports clubs, labor unions, and chambers of commerce.

  • Value of benefits received in connection with a contribution to a charitable organization. See Pub. 526 for exceptions.

Line 4

Enter the total gifts you made in cash or by check (including out-of-pocket expenses).

Recordkeeping.   For any contribution made in cash, regardless of the amount, you must maintain as a record of the contribution a bank record (such as a canceled check or credit card statement) or a written record from the charity. The written record must include the name of the charity, date, and amount of the contribution. If you made contributions through payroll deduction, see Pub. 526 for information on the records you must keep. Do not attach the record to your tax return. Instead, keep it with your other tax records.

Line 5

Enter your contributions of property. If you gave used items, such as clothing or furniture, deduct their fair market value at the time you gave them. Fair market value is what a willing buyer would pay a willing seller when neither has to buy or sell and both are aware of the conditions of the sale. For more details on determining the value of donated property, see Pub. 561.

If the amount of your deduction is more than $500, you must complete and attach Form 8283. For this purpose, the “amount of your deduction” means your deduction before applying any income limits that could result in a carryover of contributions. If you deduct more than $500 for a contribution of a motor vehicle, boat, or airplane, you also must attach a statement from the charitable organization to your return. The organization may use Form 1098-C to provide the required information. If your total deduction is over $5,000, you also may have to get appraisals of the values of the donated property. This amount is $500 for certain contributions of clothing and household items (see below). See Form 8283 and its instructions for details.

Contributions of clothing and household items.   A deduction for these contributions will be allowed only if the items are in good used condition or better. However, this rule does not apply to a contribution of any single item for which a deduction of more than $500 is claimed and for which you include a qualified appraisal and Form 8283 with your tax return.

Recordkeeping.   If you gave property, you should keep a receipt or written statement from the organization you gave the property to, or a reliable written record, that shows the organization's name and address, the date and location of the gift, and a description of the property. For each gift of property, you also should keep reliable written records that include:
  • How you figured the property's value at the time you gave it. If the value was determined by an appraisal, keep a signed copy of the appraisal.

  • The cost or other basis of the property if you must reduce it by any ordinary income or capital gain that would have resulted if the property had been sold at its fair market value.

  • How you figured your deduction if you chose to reduce your deduction for gifts of capital gain property.

  • Any conditions attached to the gift.

If your total deduction for gifts of property is over $500, you gave less than your entire interest in the property, or you made a “qualified conservation contribution,” your records should contain additional information. See Pub. 526 for details.

Line 6

Enter any carryover of contributions that you could not deduct in an earlier year because they exceeded your adjusted gross income limit. See
Pub. 526 for details.

Casualty and Theft Losses

Line 8

Complete and attach Form 4684 to figure the amount of your loss to enter on line 8.

You may be able to deduct part or all of each loss caused by theft, vandalism, fire, storm, or similar causes, and car, boat, and other accidents. You also may be able to deduct money you had in a financial institution but lost because of the insolvency or bankruptcy of the institution.

You can deduct nonbusiness casualty or theft losses only to the extent that:

  1. The amount of each separate casualty or theft loss is more than $100, and

  2. The total amount of all losses during the year (reduced by the $100 limit discussed in (1) above) is more than 10% of the amount shown on Form 1040NR, line 36.

Exception for losses in federally declared disaster areas.   The 10% of AGI limitation does not apply to a casualty loss in a federally declared disaster.

Special rules apply if you had both gains and losses from nonbusiness casualties or thefts. See Form 4684 and its instructions for details.

Use Schedule A, line 11, to deduct the costs of proving that you had a property loss. Examples of these costs are appraisal fees and photographs used to establish the amount of your loss.

For information on federal disaster area losses, see Pub. 547.

Job Expenses and Certain Miscellaneous Deductions

Note.

Pub. 529 discusses the types of expenses you can and cannot deduct.

Examples of Expenses You Cannot Deduct

  • Political contributions.

  • Legal expenses for personal matters that do not produce taxable income.

  • Lost or misplaced cash or property.

  • Expenses for meals during regular or extra work hours.

  • The cost of entertaining friends.

  • Commuting expenses. See Pub. 529 for the definition of commuting.

  • Travel expenses for employment away from home if that period of employment exceeds 1 year.

  • Travel as a form of education.

  • Expenses of attending a seminar, convention, or similar meeting unless it is related to your employment.

  • Club dues.

  • Expenses of adopting a child. But you may be able to take a credit for adoption expenses. See Form 8839 for details.

  • Fines and penalties.

  • Expenses of producing tax-exempt income.

Line 9

Enter the total ordinary and necessary job expenses you paid for which you were not reimbursed. (Amounts your employer included in box 1 of your Form W-2 are not considered reimbursements.)

An ordinary expense is one that is common and accepted in your field of trade, business, or profession. A necessary expense is one that is helpful and appropriate for your business. An expense does not have to be required to be considered necessary.

But you must fill in and attach
Form 2106 if either (1) or (2) below applies.

  1. You claim any travel, transportation, meal, or entertainment expenses for your job.

  2. Your employer paid you for any of your job expenses that you otherwise would report on line 9.

If you used your own vehicle, are using the standard mileage rate, and (2) above does not apply, you may be able to file Form 2106-EZ instead.

If you do not have to file Form 2106 or 2106-EZ, list the type and amount of each expense on the dotted lines next to line 9. If you need more space, attach a statement showing the type and amount of each expense. Enter one total on line 9.

Do not include on line 9 any educator expenses you deducted on Form 1040NR, line 24.

Examples of other expenses to include on line 9 are:

  • Safety equipment, small tools, and supplies needed for your job.

  • Uniforms required by your employer that are not suitable for ordinary wear.

  • Protective clothing required in your work, such as hard hats, safety shoes, and glasses.

  • Physical examinations required by your employer.

  • Dues to professional organizations and chambers of commerce.

  • Subscriptions to professional journals.

  • Fees to employment agencies and other costs to look for a new job in your present occupation, even if you do not get a new job.

  • Certain business use of part of your home. For details, including limits that apply, see Pub. 587.

  • Certain educational expenses. For details, see Pub. 970.

Line 10

Enter the fees you paid for preparation of your tax return. If you paid your tax by credit card, do not include the convenience fee you were charged.

Line 11

Enter the total amount you paid to produce or collect taxable income and manage or protect property held for earning income. But do not include any personal expenses. List the type and amount of each expense on the dotted lines next to line 11. If you need more space, attach a statement showing the type and amount of each expense. Enter one total on line 11.

Examples of expenses to include on line 11 are:

  • Certain legal and accounting fees.

  • Clerical help and office rent.

  • Custodial (for example, trust account) fees.

  • Your share of the investment expenses of a regulated investment company.

  • Certain losses on nonfederally insured deposits in an insolvent or bankrupt financial institution. For details, including limits that apply, see Pub. 529.

  • Casualty and theft losses of property used in performing services as an employee from Form 4684, lines 38 and 44b, or Form 4797, line 18a.

  • Deduction for repayment of amounts under a claim of right if $3,000 or less.

Other Miscellaneous Deductions

Line 16

List the type and amount of each expense on the dotted lines next to line 16. Enter one total on line 16. Examples of these expenses are:

  • Casualty and theft losses of income-producing property from Form 4684, lines 38 and 44b, or Form 4797, line 18a.

  • Loss from other activities from Schedule K-1 (Form 1065-B), box 2.

  • Deduction for repayment of amounts under a claim of right if over $3,000. See Pub. 525 for details.

  • Certain unrecovered investment in a pension.

  • Impairment-related work expenses of a disabled person.

For more details, see Pub. 529.

Total Itemized Deductions

Line 17

Use the worksheet on this page to figure the amount to enter on line 17 if the amount on Form 1040NR, line 36, is over $159,950 ($79,975 if you checked filing status box 3, 4, or 5).

For line 2 of the worksheet on this page, you will need to know the amount, if any, of your charitable contributions you elected to treat as qualified contributions for relief efforts in a Midwestern disaster area.

Itemized Deductions
Worksheet—Line 17

1. Add the amounts on Schedule A, lines 3, 7, 8, 15, and 16 1.  
2. Enter the total of the amount on Schedule A, line 8, plus any casualty or theft losses included on line 16. Also include in the total any amount included on Schedule A, line 4, that you elected to treat as qualified contributions for relief efforts in a Midwestern disaster area 2.  
  Caution: Be sure your casualty or theft losses are clearly identified on the dotted lines next to line 16.    
3. Is the amount on line 2 less than the amount on line 1?    
  No. Stop. Your deduction is not limited. Enter the amount from line 1 above on Schedule A, line 17.    
  Yes. Subtract line 2 from line 1 3.  
4. Multiply line 3 by 80% (.80) 4.      
5. Enter the amount from Form 1040NR, line 36 5.      
6. Enter: $159,950 ($79,975 if you checked filing status box 3, 4, or 5) 6.      
7. Is the amount on line 6 less than the amount on line 5?        
  No. Stop. Your deduction is not limited. Enter the amount from line 1 above on Schedule A, line 17.        
  Yes. Subtract line 6 from line 5 7.      
8. Multiply line 7 by 3% (.03) 8.      
9. Enter the smaller of line 4 or line 8 9.  
10. Divide line 9 by 1.5 10.  
11. Subtract line 10 from line 9 11.  
12. Total itemized deductions. Subtract line 11 from line 1. Enter the result here and on Schedule A, line 17 12.  

Tax on Income Not Effectively Connected With a U.S. Trade or Business (Page 4)

The following items are generally taxed at 30% if they are not effectively connected with your U.S. trade or business. The rate may be lower if your country of residence and the United States have a treaty setting lower rates. Table 1 in Pub. 901 summarizes which countries have such treaties and what the rates are.

The 30% tax applies only to amounts included in gross income. For example, the tax applies only to the part of a periodic annuity or pension payment that is subject to tax; it does not apply to the part that is a return of your cost.

The following list gives only a general idea of the type of income to include on page 4. (For more information, see Pub. 519.) Include the following only to the extent the amount received is not effectively connected with the conduct of a trade or business in the United States.

  1. Income that is fixed or periodic, such as interest (other than original issue discount), dividends, rents, salaries, wages, premiums, annuities, other compensation, or alimony received. Other items of income, such as royalties, also may be subject to the 30% tax.

    Exceptions.

    The following items of interest and dividend income that you received as a nonresident alien generally are exempt from the 30% tax.

    • Interest from a U.S. bank, savings and loan association, or similar institution, and from certain deposits with U.S. insurance companies.

    • Portfolio interest on obligations issued after July 18, 1984.

    • Interest-related dividends received from a mutual fund.

    • Short-term capital gain dividends from a mutual fund only if you were present in the United States for less than 183 days during the tax year.

    • U.S. source dividends paid by certain foreign corporations.

    For more information, see Pub. 519.

  2. Gains, other than capital gains, from the sale or exchange of patents, copyrights, and other intangible property.

  3. Original issue discount (OID). If you sold or exchanged the obligation, include in income the OID that accrued while you held the obligation minus the amount previously included in income. If you received a payment on an OID obligation, see Pub. 519.

  4. Capital gains in excess of capital losses from U.S. sources during 2008. Include these gains only if you were in the United States at least 183 days during 2008. They are not subject to U.S. tax if you were in the United States less than 183 days during the tax year. In determining your net gain, do not use the capital loss carryover.

    Losses from sales or exchanges of capital assets in excess of similar gains are not allowed.

    If you had a gain or loss on disposing of a U.S. real property interest, see Dispositions of U.S. Real Property Interests on page 6.

  5. Prizes, awards, and certain gambling winnings. Proceeds from lotteries, raffles, etc., are gambling winnings (see section 871(j) for exceptions). You must report the full amount of your winnings. You cannot offset losses against winnings and report the difference.

    Note.

    Residents of Canada may claim gambling losses, but only to the extent of gambling winnings. They must report both their total gambling winnings and their total gambling losses on the dotted line on line 84 (or attach a separate schedule if more space is needed). If they have net gambling winnings (after offsetting their total gambling losses against their total gambling winnings), they should include this net amount on line 84, column (d).

Social security benefits (and tier 1 railroad retirement benefits treated as social security).   85% of the U.S. social security and equivalent railroad retirement benefits you received are taxable. This amount is treated as U.S. source income not effectively connected with a U.S. trade or business. It is subject to the 30% tax rate, unless exempt or taxed at a reduced rate under a U.S. tax treaty. Social security benefits include any monthly benefit under title II of the Social Security Act or the part of a tier 1 railroad retirement benefit treated as a social security benefit. They do not include any Supplemental Security Income (SSI) payments.

  You should receive a Form SSA-1042S showing the total social security benefits paid to you in 2008 and the amount of any benefits you repaid in 2008. If you received railroad retirement benefits treated as social security, you should receive a Form RRB-1042S.

  Enter 85% of the total amount from box 5 of all of your Forms SSA-1042S and Forms RRB-1042S in the appropriate column of line 82 of
Form 1040NR. Enter any federal tax withheld in column (a) of line 82. Attach a copy of each Form SSA-1042S and RRB-1042S to Form 1040NR.

Withholding of tax at the source.   Tax must be withheld at the source on certain income from U.S. sources paid to nonresident aliens. The withholding is generally at the 30% rate. There are exceptions to the general rule, and tax treaties with various countries may provide a lower rate or exempt certain income from withholding. The tax must be withheld by the person who pays fixed or determinable annual or periodic income to nonresident aliens. The income subject to this withholding should be reported on page 4 of Form 1040NR. For details, see Pub. 519, Pub. 515, and section 1441 and its regulations.

Other Information(Page 5)

Item D

Enter your current nonimmigrant status. For example, enter your current nonimmigrant status shown on your current U.S. Citizenship and Immigration Services (USCIS) Form I-94, Arrival-Departure Record. If your status has changed while in the United States, enter the date of change. If your status has not changed, enter “N/A.

Item E

You are generally required to enter your date of entry into the United States that pertains to your current nonimmigrant status (for example, the date of arrival shown on your most recent USCIS Form I-94).

Exception.   If you are claiming a tax treaty benefit that is determined by reference to more than one date of arrival, enter the earlier date of arrival. For example, you are currently claiming treaty benefits (as a teacher) under article 20 of the tax treaty between the United States and the Republic of Korea (South Korea). You previously claimed treaty benefits (as a student) under article 21 of that treaty. Under article 21, paragraph 4, of that treaty, the combination of consecutive exemptions under articles 20 and 21 may not extend beyond 5 tax years from the date you entered the United States as a student. If article 21, paragraph 4, of that treaty applies, enter in item E the date you entered the United States as a student.

Item M

If you are a resident of a treaty country (that is, you qualify as a resident of that country within the meaning of the tax treaty between the United States and that country), you must know the terms of the tax treaty between the United States and the treaty country to properly complete item M. You may download the complete text of most U.S. tax treaties at www.irs.gov. Technical explanations for many of those treaties are also available at that site. Also, see Pub. 901 for a quick reference guide to the provisions of U.S. tax treaties.

If you are claiming treaty benefits on Form 1040NR, you must provide all of the information requested in item M.

If you are claiming tax treaty benefits and you failed to submit adequate documentation to a withholding agent, you must attach all information that otherwise would have been required on the withholding document (for example, all information required on Form W-8BEN or
Form 8233).

Treaty-based return position disclosure.   If you take the position that a treaty of the United States overrides or modifies any provision of the Internal Revenue Code and that position reduces (or potentially reduces) your tax, you must report certain information on Form 8833 and attach it to Form 1040NR.

You can be charged a $1,000 penalty for each failure to report the required information. For more details, see Form 8833 and Regulations section 301.6114-1.

Exceptions.   You do not have to file Form 8833 for any of the following situations.
  1. You claim a treaty reduces the withholding tax on interest, dividends, rents, royalties, or other fixed or determinable annual or periodic income ordinarily subject to the 30% rate.

  2. You claim a treaty reduces or modifies the taxation of income from dependent personal services, pensions, annuities, social security and other public pensions, or income of artists, athletes, students, trainees, or teachers. This includes taxable scholarship and fellowship grants.

  3. You claim an International Social Security Agreement or a Diplomatic or Consular Agreement reduces or modifies the taxation of income.

  4. You are a partner in a partnership or a beneficiary of an estate or trust and the partnership, estate, or trust reports the required information on its return.

  5. The payments or items of income that otherwise are required to be disclosed total no more than $10,000.

Item P

If you are a former U.S. citizen or former U.S. long-term resident, see Pub. 519 for details on how to answer the question in item P and the reporting requirements that may apply.

Item R

If you received total compensation of $250,000 or more for 2008 and you are using an alternative basis to determine the source, check the box in item R. Total compensation includes all compensation from sources within and without the United States.

If you are required to check the box in item R, you must attach a statement to your return. For details about the statement and the alternative basis, see Services performed partly inside and partly outside the United States beginning on page 8.

Reminders

Sign and Date Your Return

Form 1040NR is not considered a valid return unless you sign it. You can have an agent in the United States prepare and sign your return if you could not do so for one of the following reasons:

  • You were ill.

  • You were not in the United States at any time during the 60 days before the return was due.

  • For other reasons that you explained in writing to the Department of the Treasury, Internal Revenue Service Center, Austin, TX 73301-0215 U.S.A., and that the IRS approved.

A return prepared and signed by an agent must be accompanied by a power of attorney that specifically authorizes the representative to sign your return. Form 2848 may be used for this purpose.

Be sure to date your return and show your occupation(s) in the United States in the space provided. If you have someone prepare your return, you are still responsible for the correctness of the return.

Child's return.   If your child cannot sign the return, you can sign the child's name in the space provided. Then, add “By (your signature), parent for minor child.

Paid preparer must sign your return.   Generally, anyone you pay to prepare your return must sign it in the space provided. The preparer must give you a copy of the return for your records. Someone who prepares your return but does not charge you should not sign your return.

Income Tax Withholding and Estimated Tax Payments for Individuals for 2009

If the amount you owe or the amount you overpaid is large, you may be able to file a new Form W-4 with your employer to change the amount of income tax withheld from your 2009 pay. For details on how to complete Form W-4, see the Instructions for Form 8233. If you have pension or annuity income, use Form W-4P. If you receive certain government payments (such as unemployment compensation or social security benefits), you can have tax withheld from those payments by giving the payer Form W-4V.

In general, you do not have to make estimated tax payments if you expect that your 2009 Form 1040NR will show a tax refund or a tax balance due the IRS of less than $1,000. If your total estimated tax (including any household employment taxes or alternative minimum tax) for 2009 is $1,000 or more, see Form 1040-ES(NR). It has a worksheet you can use to see if you have to make estimated tax payments. However, if you expect to be a resident of Puerto Rico during all of 2009 and you must pay estimated tax, use Form 1040-ES.

Secure Your Tax Records from Identity Theft

Identity theft occurs when someone uses your personal information such as your name, social security number (SSN), or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.

To reduce your risk:

  • Protect your SSN,

  • Ensure your employer is protecting your SSN, and

  • Be careful when choosing a tax preparer.

If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.

If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, etc., contact the IRS Identity Theft Hotline at 1-800-908-4490.

For more information, see Pub. 4535.

Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059.

Protect yourself from suspicious emails or phishing schemes.   Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common form is the act of sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.

The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request detailed personal information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.

If you receive an unsolicited email claiming to be from the IRS, forward the message to phishing@irs.gov. You also may report misuse of the IRS name, logo, forms, or other IRS property to the Treasury Inspector General for Tax Administration toll-free at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at spam@uce.gov or contact them at www.ftc.gov/idtheft or 1-877-IDTHEFT (1-877-438-4338).

Visit the IRS website at www.irs.gov to learn more about identity theft and how to reduce your risk.

Gift To Reduce Debt Held By the Public

If you wish to make such a gift, make a check payable to “Bureau of the Public Debt.” You can send it to: Bureau of the Public Debt, Department G, P.O. Box 2188, Parkersburg, WV 26106-2188. Or you can enclose the check with your income tax return when you file. Do not add your gift to any tax you may owe. See page 23 for details on how to pay any tax you owe.

You may be able to deduct this gift on your 2009 tax return as a charitable contribution.

Address Change

If you move after filing your return, always notify the IRS of your new address. To do this, use Form 8822.

How Long Should Records Be Kept?

Keep a copy of your tax return, worksheets you used, and records of all items appearing on it (such as Forms W-2, 1099, and 1042-S) until the statute of limitations runs out for that return. Usually, this is 3 years from the date the return was due or filed or 2 years from the date the tax was paid, whichever is later. You should keep some records longer. For example, keep property records (including those on your home) as long as they are needed to figure the basis of the original or replacement property. For more details, see Pub. 552.

Amended Return

File Form 1040X to change a return you already filed. Also, use
Form 1040X if you filed Form 1040NR and you should have filed a Form 1040, 1040A, or 1040EZ, or vice versa. Generally, Form 1040X must be filed within 3 years after the date the original return was filed or within 2 years after the date the tax was paid, whichever is later. But you may have more time to file Form 1040X if you are physically or mentally unable to manage your financial affairs. See Pub. 556 for details.

Requesting a Copy of Your Tax Return

If you need a copy of your tax return, use Form 4506. There is a $57 fee (subject to change) for each return requested. If your main home, principal place of business, or tax records are located in a federally declared disaster area, this fee will be waived. If you want a free transcript of your tax return or account, use Form 4506-T or call us at 1-800-829-1040.

Past Due Returns

The integrity of our tax system and well-being of our country depend, to a large degree, on the timely filing and payment of taxes by each individual, family, and business in this country. Those choosing not to file and pay their fair share increase the burden on the rest of us to support our schools, maintain and repair roadways, and the many other ways our tax dollars help to make life easier for all citizens.

Some people don't know they should file a tax return; some don't file because they expect a refund; and some don't file because they owe taxes. Encourage your family, neighbors, friends, and coworkers to do their fair share by filing their federal tax returns and paying any tax due on time.

If you or someone you know needs to file past due tax returns, visit www.irs.gov and click on “Individuals” for help in filing those returns. Send the return to the address that applies to you in the latest Form 1040NR instruction booklet. For example, if you are filing a 2005 return in 2009, use the address in this booklet. However, if you got an IRS notice, mail the return to the address in the notice.

Interest and Penalties

You do not have to figure the amount of any interest or penalties you may owe. Because figuring these amounts can be complicated, we will do it for you if you want. We will send you a bill for any amount due.

If you include interest or penalties (other than the estimated tax penalty) with your payment, identify and enter the amount in the bottom margin of Form 1040NR, page 2. Do not include interest or penalties (other than the estimated tax penalty) in the amount you owe on line 73.

Interest.   We will charge you interest on taxes not paid by their due date, even if an extension of time to file is granted. We also will charge you interest on penalties imposed for failure to file, negligence, fraud, substantial valuation misstatements, substantial understatements of tax, and reportable transaction understatements. Interest is charged on the penalty from the due date of the return (including extensions).

Penalty for late filing.   If you do not file your return by the due date (including extensions), the penalty is usually 5% of the amount due for each month or part of a month your return is late, unless you have a reasonable explanation. If you do, attach it to your return. The penalty can be as much as 25% of the tax due. The penalty is 15% per month, up to a maximum of 75%, if the failure to file is fraudulent. If your return is more than 60 days late, the minimum penalty will be $135 or the amount of any tax you owe, whichever is smaller.

Penalty for late payment of tax.   If you pay your taxes late, the penalty is usually ½ of 1% of the unpaid amount for each month or part of a month the tax is not paid. The penalty can be as much as 25% of the unpaid amount. It applies to any unpaid tax on the return. This penalty is in addition to interest charges on late payments.

Penalty for frivolous return.   In addition to any other penalties, the law imposes a penalty of $5,000 for filing a frivolous return. A frivolous return is one that does not contain information needed to figure the correct tax or shows a substantially incorrect tax because you take a frivolous position or desire to delay or interfere with the tax laws. This includes altering or striking out the preprinted language above the space where you sign. For a list of positions identified as frivolous, see Notice 2008-14, 2008-4 I.R.B. 310, available at www.irs.gov/irb/2008-04_IRB/ar12.html.

Other penalties.   Other penalties can be imposed for negligence, substantial understatement of tax, reportable transaction understatements, filing an erroneous refund claim, and fraud. Criminal penalties may be imposed for willful failure to file, tax evasion, or making a false statement. See Pub. 519 for details on some of these penalties.

Taxpayer Assistance

IRS assistance is available to help you prepare your return. But you should know that you are responsible for the accuracy of your return. If we do make an error, you are still responsible for the payment of the correct tax.

In the United States, you may call 1-800-829-1040. For TTY/TDD help, call 1-800-829-4059. If overseas, you may call 215-516-2000 (English-speaking only). This number is not toll free.

If you wish to write instead of call, please address your letter to: Internal Revenue Service, International Section, P.O. Box 920, Bensalem, PA 19020-8518. Make sure you include your identifying number (defined on page 7) when you write.

Assistance in answering tax questions and filling out tax returns is also available in person from IRS offices in London, Paris, and Frankfurt. The offices generally are located in the U.S. embassies or consulates.

The IRS conducts an overseas taxpayer assistance program during the filing season (January to mid-June). To find out if IRS personnel will be in your area, contact the consular office at the nearest U.S. embassy.

Solving problems.   You can get face-to-face help solving tax problems every business day in IRS Taxpayer Assistance Centers. An employee can explain IRS letters, request adjustments to your account, or help you set up a payment plan. Call your local Taxpayer Assistance Center for an appointment. To find the number, go to www.irs.gov/localcontacts or look in a U.S. phone book under “United States Government, Internal Revenue Service.

How can you get IRS tax forms and publications?   
  • You can download them from the IRS website at www.irs.gov.

  • In the United States, you can call 1-800-TAX-FORM (1-800-829-3676).

  • You can send your order to the Internal Revenue Service; 1201 N. Mitsubishi Motorway; Bloomington, IL 61705-6613 U.S.A.

  • You can pick them up in person from our U.S. embassies and consulates abroad (but only during the tax return filing period).

Help With Unresolved Tax Issues

The Taxpayer Advocate Service (TAS) is an independent organization within the IRS whose employees assist taxpayers who are experiencing economic harm, who are seeking help in resolving tax problems that have not been resolved through normal channels, or who believe that an IRS system or procedure is not working as it should.

You can contact the Taxpayer Advocate Service by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059 to see if you are eligible for assistance. If overseas, call 01-787-622-8940 (English-speaking only) or 01-787-622-8930 (Spanish-speaking only). These numbers are not toll free. You also can call or write your local taxpayer advocate, whose address and phone number are listed in your local telephone directory and in Pub. 1546, Taxpayer Advocate Service—Your Voice at the IRS. You can file Form 911, Request for Taxpayer Advocate Service Assistance (and Application for Taxpayer Assistance Order), with the Taxpayer Advocate Service, or ask an IRS employee to complete it on your behalf. For more information, go to www.irs.gov/advocate.


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