If you are a resident or non-resident alien earning income in the United States, you can expect to pay taxes to the IRS.

Depending on your status, you may not be able to use the same requirements and forms as someone who is a US citizen.

“Why is it so important to file my taxes?”

Foremost, you are required by federal law to pay taxes on your income earned within the United States. Failure to comply with these requirements carries massive penalties of both a financial and legal nature. If you have overpaid on your taxes, you cannot gain access to your refund without first filing your return.

“How do I know if I’m a non-resident alien or a resident alien?”

It’s a common misconception that residency for taxation purposes is the same as requirements related to immigration status. The Internal Revenue Service uses two tests to determine your status. First, have you been issued a green card? Next, do you meet the physical presence requirement to qualify as a resident alien? For the latter, you must have spent a minimum of 31 days within the United States during the specified tax year, and you have spent 183 days within the country over the course of a three-year period—the current tax years and its two preceding years. If you are still unsure whether you qualify, your CPA can help.

Unless you meet the requirements outlined, you will be considered a nonresident alien, and as such you are still required to file your taxes. If your total earnings amount to less than the standard amount for a personal exemption, it’s possible that you will not be required to file your taxes. Even though you may not be obligated to file, it’s best to do so—especially if you intend to claim a credit or deduction, or if you believe you are eligible for a refund.

“Which tax forms will I need to provide?”

As a resident alien, you will use Form 1040-EZ. This form is available for those whose income is comprised only of interest, money given for unemployment, and your wages from work. You cannot use this form if you have dependents. For those who do have dependents, or for those whose income is not reportable on Form 1040-EZ, Form 1040 is needed.

You will use different forms if you are considered a nonresident alien. Form 1040 NR is the standard form. Eligibility to use Form 1040 NR-EZ has several requirements. You cannot claim a dependent, nor can you be claimed as one. You must not have taxable income in excess of $100,000, and you cannot claim an exemption for your husband or wife. Furthermore, you must not intend to claim itemized deductions at the federal level. These are only a few requirements. Again, it’s advisable to seek the services of a CPA before filing your tax return.