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1099 INT for Non resident Ailen

Gur
Level 1

Seeking inputs on handling tax return for nonresident alien who used to be a U.S. resident but now is canada resident  and received a 1099-INT for interest from a U.S. bank account because no W-8BEN was submitted. This is the only U.S. income. The IRS portal shows that a tax return is missing. Would it be better to proactively file a nonresident return (Form 1040-NR) to confirm nonresident status, instead of waiting for the IRS to send a notice?

According to the IRS website, this type of income should be reported in Line L of Schedule OI, but that line specifically asks for a treaty country. Since U.S. bank deposit interest for nonresidents is exempt from U.S. tax under domestic law (not just by treaty), should this interest instead be reported under Schedule NEC, line 2b, with a tax rate of 0% instead of Question L 

https://www.irs.gov/individuals/international-taxpayers/nontaxable-types-of-interest-income-for-nonr...

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2 Comments 2
BobKamman
Level 15

Has IRS asked for a return?  Was there any tax withheld by the bank?  I don't think the IRS portal shows "missing", doesn't it just indicate that no return was filed?

Gur
Level 1

Hi Bob,

Thanks  for your response .

IRS has not asked for return .There was no tax withheld in Bank .You are right  the exact message on portal under return transcript section  is (2022 Verification of Non-Filing Letter) .

What is best way to handle it where to report the inteset income in 1040 NR  ?

Should file proactively or wait for IRS notice and then respond that she is non resident  .Not sure IRS send notices or file on persons behalf . Also the person  paid 10 percent as tax on bank intereset income on IRS  portal without filling tax  return 

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