1999 Department of the Treasury Internal Revenue Service Instructions for Form 1040NR-EZ U.S. Income Tax Return for Certain Nonresident Aliens With No Dependents Section references are to the Internal Revenue Code unless otherwise noted. May I Use Form 1040NR-EZ? You can use Form 1040NR-EZ instead of Form 1040NR if all nine of the following apply. 1. You do not claim any dependents. 2. You cannot be claimed as a dependent on another person's U.S. tax return (such as your parent's return). 3. Your only U.S. source income was from wages, salaries, tips, taxable refunds of state and local income taxes, and scholarship or fellowship grants. Note:   If you had taxable interest or dividend income, you cannot use this form. 4. Your taxable income (line 14 of Form 1040NR-EZ) is less than $50,000. 5. The only adjustments to income you can claim are the student loan interest deduction or scholarship and fellowship grants excluded. 6. You do not claim any tax credits. 7. If you were married, you do not claim an exemption for your spouse. 8. If you itemize deductions, the only deduction you claim is for state and local income taxes. 9. The only taxes you owe are: a. The tax from the tax table on pages 8 through 12. b. The social security and Medicare tax on tip income not reported to your employer. c. The household employment taxes. General Instructions What's New for 1999? Student Loan Interest Deduction If you paid interest on a qualified student loan, you may be able to deduct up to $1,500 of the interest on line 8.   See the instructions for line 8 on page 4 for details. What To Look for in 2000 Student Loan Interest Deduction You may be able to deduct up to $2,000 of the interest you pay on a qualified student loan. Other Reporting Requirements If you meet the closer connection to a foreign country exception to the substantial presence test, you must file Form 8840, Closer Connection Exception Statement for Aliens. If you exclude days of presence in the United States for purposes of the substantial presence test, you must file Form 8843, Statement for Exempt Individuals and Individuals With a Medical Condition. This rule does not apply to foreign-government-related individuals who exclude days of presence in the United States. Certain dual-resident taxpayers who claim tax treaty benefits must file Form 8833, Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b).   A dual-resident taxpayer is one who is a resident of both the United States and another country under each country's tax laws. Additional Information If you need more information, our free publications may help you. Pub. 519, U.S. Tax Guide for Aliens, will be the most important, but the following publications may also help. Pub. 552, Recordkeeping for Individuals Pub. 597, Information on the United States-Canada Income Tax Treaty Pub. 901, U.S. Tax Treaties Pub. 910, Guide to Free Tax Services (includes a list of all publications) These free publications and the forms and schedules you will need are available on request from the Internal Revenue Service. If you have a foreign address, send your order to the Eastern Area Distribution Center, P.O. Box 85074, Richmond, VA 23261-5074, U.S.A. You may also download forms and publications from the IRS Internet web site at www.irs.gov.   Also see Taxpayer Assistance on page 7 for other ways to get these forms and publications (as well as information on receiving IRS assistance in completing the forms). Resident Alien or Nonresident Alien If you are not a citizen of the United States, specific rules apply to determine if you are a resident alien or a nonresident alien for tax purposes. Generally, you are considered a resident alien if you meet either the green card test or the substantial presence test for 1999. If you do not meet either of these tests for 1999 but you meet the substantial presence test for 2000, you may be able to choose to be treated as a resident alien for part of 1999. But you must have been physically present in the United States for at least 31 days in a row during 1999 to do so. This choice does not apply if you met either the green card test or the substantial presence test for 1998. For more details, see Pub. 519. You are considered a nonresident alien for the year if you are not a U.S. resident under either of these tests. You are also considered a nonresident alien if you otherwise meet the substantial presence test but you come under any of the three exceptions described below. For more details on resident and nonresident status, the tests for residence and the exceptions to them, see Pub. 519. Green Card Test.   You are a resident for tax purposes if you were a lawful permanent resident (immigrant) of the United States at any time during 1999. Substantial Presence Test.   You are considered a U.S. resident if you meet the substantial presence test for 1999. You meet this test if you were physically present in the United States for at least: 1. 31 days during 1999, and 2. 183 days during the period 1999, 1998, and 1997, counting all the days of physical presence in 1999 but only 1/3 the number of days of presence in 1998 and only1/6  the  number  of  days  in  1997. Generally, you are treated as present in the United States on any day that you are physically present in the country at any time during the day. Exceptions: 1. Exempt individual. You do not count days for which you are an exempt individual. In general, an exempt individual is an individual who is a: Cat. No. 21718P