Nonresident Wage Earners May Not Need to File a U.S. Income Tax Return

Generally, nonresident individuals of the U.S. who perform services in the U.S. are required to file a U.S. income tax return (Form 1040NR), regardless of the level of income arising from those services. The IRS has now announced it will amend its Regulations to eliminate the filing requirement for nonresident alien individuals who have U.S. source effectively connected wages in amount below amount of one Code Sec. 151 personal exemption (which is presently $3,200). This amendment will be effective for tax years beginning on or after 1/1/2006 and will apply even if the nonresident alien also has U.S. source fixed or determinable income if that tax liability thereon is fully satisfied by withholding by the payor of such fixed or determinable income (e.g., dividends and interest). Notice 2005-77.