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2001 Instructions for Form 1040NR - Uncle Fed's Tax*Board

2001 Instructions for Form 1040NR - Uncle Fed's Tax*Board

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Who Must Use Pub. 972<br />

in box 7 of <strong>Form</strong> 1099-R, you must file<br />

<strong>Form</strong> 5329.<br />

1. Is the amount on <strong>Form</strong> <strong>1040NR</strong>, line 34, more than the amount shown below <strong>for</strong> Line 52—Transportation Tax.<br />

your filing status?<br />

Nonresident alien individuals are<br />

subject to a 4% tax on U.S. source<br />

• Filing status 1, 2, or 6—$75,000<br />

gross transportation income that is not<br />

• Filing status 3, 4, or 5—$55,000<br />

effectively connected with a U.S. trade<br />

❏ No. Continue.<br />

or business. However, the term U.S.<br />

source gross transportation income<br />

❏ Yes. Stop. You must use Pub. 972 to figure your credit.<br />

does not include any such income that<br />

2. Are you claiming any of the following credits?<br />

is taxable in a possession of the United<br />

States under the provisions of the<br />

• Adoption credit, <strong>Form</strong> 8839 (see the instructions <strong>for</strong> <strong>Form</strong> <strong>1040NR</strong>, line 45, on Internal Revenue Code as applied to<br />

page 17)<br />

that possession.<br />

• Mortgage interest credit, <strong>Form</strong> 8396 (see the instructions <strong>for</strong> <strong>Form</strong> <strong>1040NR</strong>, line For purposes of this tax,<br />

46, on page 17) transportation income will be treated as<br />

• District of Columbia first-time homebuyer credit, <strong>Form</strong> 8859<br />

not effectively connected with the<br />

❏ No. Use the worksheet on this page to figure your child tax credit.<br />

conduct of a trade or business in the<br />

United States unless:<br />

❏ Yes. You must use Pub. 972 to figure your child tax credit. You will also need 1. You had a fixed place of business<br />

the <strong>for</strong>m(s) listed above <strong>for</strong> any credit(s) you are claiming.<br />

in the United States involved in the<br />

earning of transportation income and<br />

2. At least 90% of your U.S. source<br />

Reported to Employer. If you are Instead, multiply the taxable amount of gross transportation income was<br />

subject to social security and Medicare the distribution by 10% (.10) and enter attributable to regularly scheduled<br />

tax, you received tips of $20 or more in the result on line 51. The taxable transportation. Or, in the case of<br />

any month, and you did not report the amount of the distribution is the part of income from the leasing of a vessel or<br />

full amount to your employer, you must the distribution you reported on line 16b aircraft, it was attributable to a fixed<br />

pay the social security and Medicare or or line 17b of <strong>Form</strong> <strong>1040NR</strong> or on <strong>Form</strong> place of business in the United States.<br />

railroad retirement (RRTA) tax on the 4972. Also, enter “No” on the dotted See sections 887 and 863 <strong>for</strong> rules,<br />

unreported tips. You must also pay this line next to line 51 to indicate that you definitions, and exceptions.<br />

tax if your W-2 <strong>for</strong>m(s) shows allocated do not have to file <strong>Form</strong> 5329. But if<br />

tips that you are including in your distribution code 1 is incorrectly shown You may be exempt from this tax<br />

income on <strong>Form</strong> <strong>1040NR</strong>, line 8.<br />

because of a treaty or an exchange of<br />

notes between the United States and<br />

To figure the tax, use <strong>Form</strong> 4137. To<br />

pay the RRTA tax, contact your Child Tax Credit Worksheet—Line 44<br />

employer. Your employer will figure and<br />

(keep <strong>for</strong> your records)<br />

collect the tax.<br />

You may be charged a penalty Caution: Do not use this worksheet if you answered “Yes” to question 1 or 2 above.<br />

! equal to 50% of the social Instead, use Pub. 972.<br />

CAUTION security and Medicare tax due<br />

on tips you received but did not report<br />

to your employer.<br />

1. Number of qualifying children:__________ X $600. Enter the result 1.<br />

Line 51—Tax on Qualified Plans,<br />

2. Enter the amount from <strong>Form</strong> <strong>1040NR</strong>, line 41 ....... 2.<br />

Including IRAs, and Other<br />

3. Enter the amount from <strong>Form</strong> <strong>1040NR</strong>,<br />

Tax-Favored Accounts. If any of the line 42 ...................... 3.<br />

following apply, see <strong>Form</strong> 5329 and its<br />

4. Enter the amount from <strong>Form</strong> <strong>1040NR</strong>,<br />

instructions to find out if you owe this<br />

line 43 ...................... 4.<br />

tax and if you must file <strong>Form</strong> 5329.<br />

1. You received any early<br />

5. Add lines 3 and 4 ........................... 5.<br />

distributions from (a) an IRA or other 6. Are the amounts on lines 2 and 5 the same?<br />

qualified retirement plan,<br />

❏ Yes. Stop. You cannot take this credit because there is no tax to<br />

(b) an annuity, or (c) a modified<br />

reduce. However, see the TIP below be<strong>for</strong>e completing the rest of<br />

endowment contract entered into after<br />

your <strong>Form</strong> <strong>1040NR</strong>.<br />

June 20, 1988.<br />

2. Excess contributions were made ❏ No. Subtract line 5 from line 2 ......................... 6.<br />

to your IRAs, Coverdell ESAs, or<br />

7. Child tax credit. Is the amount on line 1 more than the amount on<br />

Archer MSAs.<br />

line 6?<br />

3. You received distributions from<br />

Coverdell ESAs in excess of your<br />

❏ Yes. Enter the amount from line 6 here and on <strong>Form</strong> <strong>1040NR</strong>,<br />

qualified higher education expenses.<br />

line 44. Also, see the TIP below.<br />

4. You were born be<strong>for</strong>e July 1, ❏ No. Enter the amount from line 1 here and on <strong>Form</strong> <strong>1040NR</strong>,<br />

1930, and did not take the minimum line 44 ..........................................<br />

required distribution from your IRA or<br />

7.<br />

other qualified retirement plan.<br />

TIP: You may be able to take the additional child tax credit on <strong>Form</strong> <strong>1040NR</strong>, line<br />

Exception. If only item 1 applies to 58, if you answered “Yes” on line 6 or 7 above.<br />

you and distribution code 1 is correctly • First, complete your <strong>Form</strong> <strong>1040NR</strong> through line 57.<br />

shown in box 7 of your <strong>Form</strong> 1099-R, • Then, use <strong>Form</strong> 8812 to figure any additional child tax credit.<br />

you do not have to file <strong>Form</strong> 5329.<br />

-18- <strong>Instructions</strong> <strong>for</strong> <strong>Form</strong> <strong>1040NR</strong>

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