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Resident or non-resident

1040 or 1040-NR: which U.S. tax form do you file?

Two IRS tests decide whether you file as a resident or a non-resident. Here is how to run them.

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from$199One-time fee for a non-resident tax return (Form 1040-NR), U.S. dollars, quoted before you pay.
Checked against IRS.gov, October 2, 20265 min read
Quick answer

You file Form 1040 if you are a U.S. citizen or a resident alien for tax purposes. You are a resident alien if you hold a green card at any time in the year or pass the substantial presence test: at least 31 days in the U.S. this year and 183 weighted days over three years. If you pass neither, you are a non-resident and you file Form 1040-NR.Pub. 519

  • 31 daysin the U.S. this year, the first part of the substantial presence test.Pub. 519
  • 183 daysweighted over three years: this year in full, a third of last year, a sixth of the year before.Pub. 519
  • Form 8840can show a closer connection to a foreign country if you pass the day count.Pub. 519
On this page0% read
  1. The two tests
  2. The day count
  3. Which form
  4. ITIN and your form
  5. Questions
  6. Sources
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The two tests

The two tests that decide it

If you are not a U.S. citizen, the IRS treats you as a non-resident alien unless you meet one of two tests.Pub. 519

  • The green card test. You are a lawful permanent resident of the U.S. at any time during the calendar year.Pub. 519
  • The substantial presence test. You were physically in the U.S. at least 31 days this year and at least 183 days over the three-year period, counting all days this year, one third of the days last year and one sixth of the days the year before.Pub. 519

Meet either one and you are a resident alien for that year. Meet neither and you are a non-resident alien.Pub. 519

Day count

How the day count works

Take a person who spent 120 days in the U.S. in each of three years. The IRS counts 120 days for this year, 40 for last year (a third of 120) and 20 for the year before (a sixth of 120). That totals 180, under 183, so they do not pass the substantial presence test.Pub. 519

Some days do not count at all. These include days you commute to work from a home in Canada or Mexico, days in transit for less than 24 hours between two places outside the U.S., days you could not leave because of a medical condition that began while you were here, and days you are an "exempt individual", such as certain teachers, trainees and students on J, Q, F or M visas.Pub. 519

Exempt individual does not mean exempt from tax. It is the IRS label for people whose days are not counted.Pub. 519

Which form

Which form for which situation

Form 1040 or Form 1040-NR
Your situationFormWhy
U.S. citizen, anywhereForm 1040Citizens file as residents. A citizen does not need an ITIN.IRS
Green card holderForm 1040You pass the green card test, unless a treaty tie-breaker applies.Pub. 519
Passes the substantial presence testForm 1040You are a resident alien for the year.Pub. 519
Fewer than 31 days in the U.S., or under 183 weighted daysForm 1040-NRYou are a non-resident alien if you pass neither test.Pub. 519
Passes the day count but has a closer connection to another countryForm 1040-NRPossible if you were here under 183 days, kept a tax home abroad and file Form 8840 by the due date.Pub. 519
Dual resident covered by a treaty tie-breakerForm 1040-NR with Form 8833You can be treated as a non-resident if the treaty says your home country wins.IRS
Arrived or left the U.S. during the yearSpecial rules (dual-status)You can be a non-resident and a resident in the same year.Pub. 519
Non-resident married to a U.S. citizen or residentForm 1040-NR, or a joint Form 1040You can choose to be treated as a resident and file jointly if you meet the conditions.Pub. 519

Our non-resident guide gives more examples, and the Form 1040-NR guide shows how the non-resident return works.

Next step

Which form needs an ITIN?

Either form needs a taxpayer number. A non-resident who is not eligible for an SSN and has to file Form 1040-NR applies for an ITIN, and the return goes in with Form W-7.IRS The same goes for a resident alien who is not eligible for an SSN.IRS See our ITIN service, or have us prepare the return with the 1040-NR service. This is general information, not tax advice.

Questions

Your questions answered

Form 1040-NR if you are a non-resident alien. Form 1040 if you are a citizen or a resident alien, meaning you hold a green card or pass the substantial presence test.Pub. 519

At least 31 days in the U.S. this year and at least 183 days over three years, counting this year in full, one third of last year and one sixth of the year before.Pub. 519

If it was 120 days in each of three years, the weighted total is 180 and you do not pass the test, so you are a non-resident.Pub. 519 Other facts can change that, so check your own day counts.

A form that lets someone who passes the day count claim a closer connection to a foreign country, if they were in the U.S. under 183 days and kept a tax home abroad. It is due with Form 1040-NR.Pub. 519IRS

Only in narrow cases, such as a dual resident who relies on a treaty tie-breaker and files Form 8833 with Form 1040-NR.IRS

No. A U.S. citizen is eligible for an SSN, and an ITIN is only for people who are not.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 2, 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. Individual Taxpayer Identification Number (ITIN)https://www.irs.gov/individuals/individual-taxpayer-identification-number
  3. Publication 519, U.S. Tax Guide for Alienshttps://www.irs.gov/publications/p519
  4. Instructions for Form 1040-NR (2025)https://www.irs.gov/instructions/i1040nr
  5. Instructions for Form 8840https://www.irs.gov/instructions/i8840

Checked against IRS.gov on October 2, 2026. General information, not tax advice.

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