How to Refile a 1040 Return as a 1040-NR Return

A common scenario among our readers and students who have encountered and learned our materials is a desire to refile previous 1040 tax returns filed as a “U.S. person” to transition them to a “nonresident alien” return. This article will provide authorities on how to do that. If you accidentally filed a Form 1040 as…

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Requirement for Nonresident Alien to File a Return

1. General requirement to file The requirement for a nonresident alien INDIVIDUAL to file a 1040-NR return appears in 26 U.S.C. §6012 and 26 C.F.R. §1.6012-1. Since the regulation is in Part 1, then it definitely applies to the income tax and is one of the few OBLIGATIONS actually attached to BEING a “nonresident alien…

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PROOF OF FACTS: There is NO LAW that permits an American National as a Nonresident Alien to Elect to be a U.S. person if they are NOT married to one

If all citizens of foreign nations can participate in the tax system, then so can ALL citizens of the nation of the United States. HOWEVER, in the famous U.S. Supreme Court case of Cook v. Tait, 265 U.S. 47 (1924) heard by no less than former President Taft, SCOTUS acknowledged the ability of ANYONE, including an American…

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