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👋What is a Non Resident Alien (NRA)?

A Nonresident Alien (NRA) is an individual who is not a U.S. citizen and does not meet the IRS definition of a U.S. tax resident.

 

If you are not a U.S. citizen, you are generally considered a Nonresident Alien unless you qualify as a resident under one of two IRS tests:

 

🧾 The Two Tests That Can Change Your Status

 

1️⃣ Green Card Test

You are considered a U.S. tax resident if you have been granted lawful permanent residency at any time during the year.

This means:

  • You hold a valid U.S. Green Card (Form I-551)

  • You are legally allowed to reside permanently in the United States

 

2️⃣ Substantial Presence Test

You may also be considered a U.S. tax resident based on the amount of time you spend in the United States.

To meet this test:

  • You must be present in the U.S. for at least 31 days in the current year, and

  • A total of 183 days over a 3-year period, calculated as:

    • All days in the current year

    • 1/3 of the days in the previous year

    • 1/6 of the days in the year before that

 

⚠️ Important Exceptions

Certain days do not count toward the Substantial Presence Test, including time spent in the U.S. as:

  • A foreign government-related individual

  • A teacher or trainee (J or Q visa)

  • A student (F, J, M, or Q visa)

  • A professional athlete competing in a charitable event

 

⚠️ Why This Matters for FIRPTA

Your classification as a Nonresident Alien vs. U.S. tax resident directly determines:

  • Whether FIRPTA withholding applies

  • Whether you may qualify for exemptions or reduced withholding

  • Your U.S. tax filing obligations

 

Misclassification can lead to unnecessary withholding or compliance issues.

 

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