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TAX GUIDE

Form 1040-NR Guide 2026: Nonresident Alien Tax Return

KEY INSIGHT
Nonresident aliens file Form 1040-NR: by April 15, 2026 for 2025 if you had wages subject to U.S. withholding, and by June 15, 2026 if you did not. You are a nonresident alien if you fail both the green card test and the substantial presence test (31 days this year and 183 weighted days over three years), per the IRS 2025 instructions.
At a glance

Key Facts

Due date (wages withheld)
April 15, 2026
Due date (no wages)
June 15, 2026
Substantial presence test
31 days and 183 testing days
Tax on non-effectively-connected income
30% unless treaty
Introduction

If you are not a U.S. citizen, you file as either a resident or a nonresident alien. Nonresident aliens use Form 1040-NR, which has different deadlines, deductions and credits from Form 1040.

This guide explains how to tell which one you are, who must file, the due dates, how income is taxed and which deductions and credits apply, using the IRS 2025 Instructions for Form 1040-NR.

Section 01

Resident or Nonresident Alien?

The IRS says a non-citizen is generally a resident alien if they meet the green card test or the substantial presence test for 2025, and otherwise a nonresident alien who files Form 1040-NR. You meet the green card test if you were a lawful permanent resident of the United States at any time during 2025. You meet the substantial presence test if you were present in the United States at least 31 days during 2025 and at least 183 testing days over 2025, 2024 and 2023.

YearDays presentMultiplierTesting days
20251201.000120.00
20241200.33339.96
20231200.16720.04
Total180.00

Our illustration: 120 days in each year gives 180 testing days, below 183, so this person is not a resident under this test. With 122 days in each year the total is exactly 183.000, which meets the test. The IRS lists exceptions for days that do not count, and a closer connection exception for some people who meet the test, claimed on Form 8840. Dual-resident taxpayers who are treaty residents of another country can file Form 1040-NR and attach Form 8833.

Section 02

Who Must File Form 1040-NR

If you...Filing duty (IRS Table A)
Were a nonresident alien engaged in a U.S. trade or business in 2025File, even if you have no U.S.-trade-business income, no U.S. source income or your income is treaty-exempt
Were a nonresident alien not engaged in a U.S. trade or business and received Schedule NEC income that was not fully taxed at the sourceFile
Owe special taxes such as alternative minimum tax, additional tax on a qualified plan (including an IRA) or other tax-favored account, or household employment taxesFile

Even if you do not have to file, the IRS says you should file if you are eligible to get back any federal income tax withheld. You need not file if you were a nonresident alien student, teacher or trainee temporarily present under an F, J, M or Q visa and have no income subject to tax under section 871, or if you were a student or business apprentice eligible under Article 21(2) of the U.S.-India tax treaty whose 2025 gross income was $15,750 or less if single ($31,500 for a qualifying surviving spouse). You also need not file as a partner in a U.S. partnership not engaged in a U.S. trade or business if your Schedule K-1 shows only income reportable on Schedule NEC lines 1 through 12, unless the tax withheld was wrong.

Section 03

Due Dates and Filing Status

Case2025 return due
Employee with wages subject to U.S. income tax withholdingApril 15, 2026
No wages subject to withholdingJune 15, 2026

If the date falls on a weekend or legal holiday you file by the next business day. For a 2026 return the same rule gives April 15, 2027 or June 15, 2027; the 2026 instructions were not published as of 26 October 2026, so check them when released. A nonresident alien filing Form 1040-NR cannot use married filing jointly or head of household. If you are married, choose married filing separately even if you are not separated, subject to the exception in the instructions for some married people who live apart from their spouse. You can check Qualifying surviving spouse only if you were a resident of Canada, Mexico or South Korea, a U.S. national, or a student or business apprentice from India eligible under Article 21(2) of the treaty, and you were a resident alien or U.S. citizen in the year your spouse died. The 2025 form offers Single, Married filing separately, Qualifying surviving spouse, Estate and Trust boxes, and asks whether at any time during 2025 you received digital assets as a reward, award or payment, or sold or exchanged one. See our head of household guide for the status you cannot use.

Section 04

How Income Is Taxed

You report income effectively connected with a U.S. trade or business on the main form and it is taxed at regular rates. U.S. income not effectively connected is taxed at 30% unless a treaty sets a lower rate, and you report it on Schedule NEC (Form 1040-NR); tax on it must be withheld at source at generally 30%. The 30% applies to amounts in gross income, such as fixed or periodic income, and 85% of U.S. social security benefits is taxable and treated as this kind of income. Capital gains from U.S. sources are taxable under this schedule only if you were in the United States at least 183 days during 2025. You complete the applicable items on Schedule OI (Form 1040-NR) and include it with your return; Schedule A (Form 1040-NR) is used only with Form 1040-NR. You may also need the numbered Schedules 1, 1-A, 2 and 3 (Form 1040); see our Schedule 1 guide and Schedule 3 guide.

Section 05

Deductions and Credits

Nonresident aliens generally cannot take the standard deduction. The exception in the instructions is students or business apprentices from India eligible under Article 21(2) of the treaty, who may take the standard deduction on line 12. Child tax credit, credit for other dependents, additional child tax credit and the premium tax credit for dependents are available in full only to residents of Canada and Mexico and to U.S. nationals, and to a limited extent to residents of India and South Korea; other nonresident aliens cannot claim them. For 2025 the maximum child tax credit is $2,200 per qualifying child of which $1,700 can be the refundable part. See our Schedule 8812 guide.

Next-year note: for tax years beginning in 2026, Rev. Proc. 2025-32 sets the standard deduction at $16,100 for single filers and married filing separately and $32,200 for surviving spouses, and keeps the maximum child tax credit at $2,200 with $1,700 refundable. The India treaty filing threshold above is the 2025 standard deduction ($15,750 single, $31,500 surviving spouse); we have not seen the 2026 instructions confirm how it will be set, so check them when published.

This guide covers the 2025 instructions used to file in 2026. Treaty terms vary by country, so read the treaty and Publication 519 before relying on a rate.

Section 06

Official Sources

IRS: Instructions for Form 1040-NR, U.S. Nonresident Alien Income Tax Return, IRS: Form 1040-NR, IRS: Rev. Proc. 2025-32 (2026 inflation adjustments).

FAQ

Frequently Asked Questions

What is Form 1040-NR?

The U.S. Nonresident Alien Income Tax Return used by nonresident aliens to report U.S. income.

Who is a nonresident alien for tax purposes?

A non-citizen who meets neither the green card test nor the substantial presence test for the year.

What is the substantial presence test?

Being in the United States at least 31 days in the year and at least 183 testing days over the current and two prior years, counting all days this year, 0.333 of last year's days and 0.167 of the year before's.

When is Form 1040-NR due?

April 15 for the prior calendar year if you had wages subject to U.S. withholding, or June 15 if not (April 15 and June 15, 2026 for the 2025 return).

What tax rate applies to nonresident aliens?

Effectively connected income is taxed at regular rates; other U.S. income such as dividends is taxed at 30% unless a treaty lowers it.

Can a nonresident alien file jointly or as head of household?

No, a nonresident alien filing Form 1040-NR cannot use married filing jointly or head of household.

Can nonresident aliens take the standard deduction?

Generally no, except certain students and business apprentices from India.

Can nonresident aliens claim the child tax credit?

Only in full if residents of Canada or Mexico or U.S. nationals, and to a limited extent residents of India and South Korea.

Do students on F or J visas have to file?

Not if they have no income subject to tax under section 871, though other rules can still require a filing.
Disclaimer:This guide gives general tax information for educational purposes and is not tax, legal or financial advice. Rules, forms and deadlines are set by the authorities named here and can change; check the official sources linked in this guide and talk to a qualified tax professional about your own situation.
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