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Form 1040NR US Tax Return

Do you need to reclaim overpaid US taxes?

Have you had 30% US tax withheld on US source income?

If yes, you may have overpaid significantly and can claim back the overpaid US tax by filing a 1040NR US tax return*.

 

Most US payers will withhold  a flat 30% US tax from payments to non resident aliens who do not have a valid Individual Taxpayer Identification number (ITIN).  As a result, many non residents overpay the US tax required by a significant amount.

Tax treaties with the US allow for the tax to be reduced significantly and in some cases, down to zero.

The forms W-8BEN and W-8BEN-E are both U.S. withholding certificates which are held on file by the US payor to ensure they have withheld the correct amount of US tax on any payments made to a non resident individual or entity. 

Most US payors will not issue payment, until these forms are completed. In some instances, they may also require an ITIN (Individual Taxpayer Identification Number) or an EIN (Employer Identification Number).

* 1040NRs are filed for individuals. If you are a foreign entity, please contact us for more details.

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Accounting Documents

Do you have a U.S. tax return filing obligation?

A TIN is required to file a U.S. tax return, where one is required. No tax return is required from foreign persons whose only income is fixed or determinable annual or periodic (FDAP) if the correct amount of tax was withheld (including tax treaty exemptions).

 

A tax return is required if the income was effectively connected to the conduct of U.S. trade or business (ECI) even if exempt by treaty.

 

There is an exception for non-resident aliens whose only income is wages and they do not exceed the personal exemption amount.

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