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Non-resident tax guide

Form 1040-NR for Germans

Start with your tax residence and income type. A German passport alone does not settle your U.S. filing duties.

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Checked against IRS.gov, October 3, 20265 min read
Quick answer

A German resident may need Form 1040-NR for U.S. business income, U.S. income not fully taxed through withholding, or a refund. Treaty relief depends on the income article and your eligibility. U.S. property rent and gains are not automatically exempt.IRSIRS

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Help with your non-resident return

Start with your income records and withholding forms. We review the treaty position with your Form 1040-NR.

If you need an ITIN, application plans are available separately. The ITIN application fee excludes the U.S. tax return.

Non-resident return

Form 1040-NR for your U.S. income.

fromUS$199one-time fee
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Includes:

  • Form 1040-NR prepared from your documents
  • Treaty position reviewed
  • Review with you before filing
  • Filed with the IRS
  • Help by email and phone
On this page0% read
  1. Help with your non-resident return
  2. German nationality and tax residence are different
  3. U.S. rent and property gains remain important
  4. Students and teachers use different treaty provisions
  5. Build a return file before claiming relief
  6. Work through the filing decision
  7. Questions
  8. Sources
from $199 USDOne-time fee, quoted before you pay.See tax return pricing
Before you file

German nationality and tax residence are different

A move, exchange visit or property investment can put you in two tax systems. Begin with the U.S. green card and substantial presence tests, then check treaty residence. Article 4 of the Germany convention deals with residence; it is not a rule that every German citizen files the same return.Pub. 519IRS

Prepare a travel calendar before choosing a form. Include arrival and departure dates, earlier U.S. visits and your visa status. Certain student and teacher days receive special treatment under U.S. rules, but an excluded day does not make all income tax-free. Our 1040 versus 1040-NR guide explains the starting point.Pub. 519

If a treaty tie-breaker changes your filing position, check the disclosure rules too. Publication 519 describes treaty residence positions and Form 8833. Do not claim a treaty position merely because a payroll form offers a country dropdown.Pub. 519

Before you file

U.S. rent and property gains remain important

Article 6 allows the country where real property is located to tax its income. Article 13 allows that country to tax gains from selling the property. For a German resident with a U.S. rental or a U.S. property sale, the treaty therefore does not provide a blanket exemption from U.S. tax.IRS

Keep rent statements separate from the sale closing statement. Purchase cost, improvements, rental expenses and earlier depreciation records answer different questions. A seller also needs the withholding record. A withholding payment is not the same calculation as the final return.Pub. 519IRS

Rental owners should examine the election to treat qualifying property income as effectively connected income, rather than assuming gross rent is their final taxable amount. The Form 1040-NR instructions explain the election and its continuing effect. For a sale, start with our FIRPTA forms and certificate guide.IRS

Before you file

Students and teachers use different treaty provisions

Article 20 addresses visiting professors, teachers, students and trainees. The Germany treaty describes qualifying foreign-source support for a student or business apprentice visiting for full-time education or training. That support rule is different from payment for services.IRS

The later protocol changed the visiting professor and teacher provision. Its technical explanation describes a limited exemption for qualifying teaching or research and excludes research mainly for a private person's benefit. Read the convention with its amendment; an old copy of Article 20 alone is incomplete.IRS

Ask your school which document reports each payment: wages, scholarship support and foreign support should not be combined into one total called student income. Where eligible, Form 8233 is used for certain treaty exemptions on compensation. A tax return may still be required even when income is treaty-exempt.IRSIRS

Before you file

Build a return file before claiming relief

  • Passport, immigration documents and a calendar of U.S. days for the residence review.Pub. 519
  • Forms W-2 and 1042-S, plus the payer explanation of each payment.IRS
  • The specific treaty article and the facts that satisfy it, rather than citizenship alone.IRS
  • Rental or sale records where U.S. property is involved.Pub. 519
  • Your SSN or existing ITIN. Apply with Form W-7 if eligible and a number is needed.IRS

These are preparation prompts, not a promise that every listed document applies to every German taxpayer. A worker with only wages has a different return from a landlord or visiting researcher.

How to proceed

Work through the filing decision

  1. 1

    Establish residence

    Review U.S. day counts and any relevant treaty residence position.Pub. 519

  2. 2

    Match each income type

    Identify the applicable article and retain the payment records supporting it.IRS

  3. 3

    Reconcile withholding

    Compare the information forms with the return and any properly supported treaty claim.IRS

  4. 4

    File with the right identifier

    Use your SSN or ITIN; attach a qualifying first-time W-7 package when needed.IRS

Questions

Your questions answered

No. Treaty eligibility depends on residence, the income article and its conditions.IRS

Article 13 allows the United States to tax gains on U.S. real property.IRS

Potentially. Check Article 20 as amended by the protocol, including the visit and research conditions.IRS

Only if you have a federal tax purpose and cannot obtain an SSN. An existing valid SSN should be used instead.IRS

More questions? See the full Nolly.com FAQ.

Sources

How we checked this

Every IRS fact on this page comes from IRS.gov or the other official pages listed below and was checked on October 3, 2026. Nolly.com's own prices are the only exception. Nolly.com is a private company and is not part of the IRS.

Proof Nolly.com is on the IRS list
Excerpt of the IRS page Acceptance agents - Canada showing Nolly Services Inc d/b/a Nolly.com, 265 Rimrock Road, Suite 201, Toronto

Nolly Services Inc, d/b/a Nolly.com, appears on the IRS page Acceptance agents – Canada. Nolly.com is a private company and isn't part of the IRS.

Pages used
  1. Instructions for Form W-7 (Rev. 12-2024)https://www.irs.gov/instructions/iw7
  2. Publication 519, U.S. Tax Guide for Alienshttps://www.irs.gov/publications/p519
  3. Instructions for Form 1040-NR (2025)https://www.irs.gov/instructions/i1040nr
  4. U.S.–Germany income tax convention: Articles 4, 6, 13 and 20https://www.irs.gov/pub/irs-trty/germany.pdf
  5. Technical explanation of the 2006 Germany protocolhttps://www.irs.gov/pub/irs-trty/germanyte07.pdf
  6. Instructions for Form 8233https://www.irs.gov/instructions/i8233
  7. Claiming tax treaty benefitshttps://www.irs.gov/individuals/international-taxpayers/claiming-tax-treaty-benefits

Checked against IRS.gov on October 3, 2026. General information, not tax advice.

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