U.S. Departing Alien Income Tax Return

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Instructions for Form 1040-C

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(Init. & date)

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2009

Department of the Treasury
Internal Revenue Service

Instructions for
Form 1040-C

adjusted gross
income (AGI)

if married filing
jointly

U.S. Departing Alien Income Tax Return
allowed for 2009. This is in addition to
the 10% of adjusted gross income
limit that generally applies to the net
loss.
Making work pay credit. If you are
What’s New
a resident alien who had earned
income in 2009, you may be eligible
For details on these and other
for a refundable tax credit. The credit
changes that may affect your 2009
is the lesser of:
federal income tax, see Pub. 553,
• 6.2% of your earned income for
Highlights of 2008 Tax Changes.
2009, or
New rules for former U.S. citizens
• $400 ($800 in the case of a joint
and former U.S. long-term
return).
residents. If you expatriated after
The credit is phased out if your
June 16, 2008, new rules apply
modified adjusted gross income (AGI)
regarding reporting your income and
is between $75,000 and $95,000
paying U.S. tax. Under new section
($150,000
and $190,000 if married
877A, you may be subject to income
filing
a
joint
return). Your modified
tax on the net unrealized gain on your
AGI
is
the
amount
shown on Form
property as if the property had been
1040-C,
line
17,
plus
any foreign
sold on the day before your
earned
income
or
housing
exclusion
expatriation date. If you are subject to
and any income you excluded as a
this tax, you are required to file an
bona fide resident of American
expatriation statement (Form 8854)
Samoa. For details, see Internal
with your tax return for the year of
Revenue Code section 36A.
expatriation. For more details, see
Repayment of first-time
Pub. 519, U.S. Tax Guide for Aliens.
homebuyer credit. If you claimed
IRA deduction expanded. You may the first-time homebuyer credit on
be able to take an IRA deduction if
your 2008 income tax return and your
you were covered by a retirement
home ceased to be your main home
plan and your 2009 modified AGI is
in 2009, you must repay the credit by
less than $65,000 ($109,000 if
including it as additional tax due on
married filing jointly or qualifying
Form 1040-C, line 21. For more
widow(er)). If your spouse was
information, including exceptions to
covered by a retirement plan, but you this repayment requirement, see the
were not, you may be able to take an
2008 Form 5405.
IRA deduction if your 2009 modified
adjusted gross limit (AGI) is less than Portion of unemployment
compensation not taxable. The
$176,000.
first $2,400 of unemployment
Limit on exclusion of gain on sale
compensation for 2009 is exempt
of main home. Generally, gain from from federal income tax. Any
the sale of your main home is no
unemployment compensation over
longer excludable from income if it is
$2,400 is taxable.
allocable to periods after 2008 where
Additional child tax credit. The
neither you nor your spouse (or your
earned income threshold generally
former spouse) used the property as
needed to claim the credit has been
a main home. See Pub. 553 for more
reduced to $3,000.
details.
New deduction for sales and
Alternative minimum tax (AMT)
excise taxes on motor vehicles.
exemption amount increased. The Resident aliens may be able to
AMT exemption amount is increased
deduct state or local sales and excise
to $46,700 ($70,950 if married filing
taxes paid on the purchase of new
jointly or a qualifying widow(er);
cars, light trucks, motor homes, and
$35,475 if married filing separately).
motorcycles after February 16, 2009,
Personal casualty and theft loss
as an itemized deduction or as part of
limit. Generally, a personal casualty the standard deduction. You cannot
or theft loss must exceed $500 to be
deduct these taxes as an itemized
Section references are to the Internal
Revenue Code unless otherwise noted.

General Instructions

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Cat. No. 11311Q

deduction if you choose to deduct
general sales taxes in lieu of state
and local income taxes. See Sales
and excise taxes on motor vehicles
on page 7.

D
AGI

Purpose of Form

D
Form 1040-C is used by aliens who
intend to leave the United States or
any of its possessions to:
• Report income received or
expected to be received for the entire
tax year, and
• If required, to pay the expected tax
liability on that income.
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Form 1040-C must be filed before
an alien leaves the United States or
any of its possessions. For more
information, see How To Get the jointly
Certificate on page 2.
If you are a nonresident alien,
TIP use the 2008 Instructions for
Form 1040NR, U.S.
Nonresident Alien Income Tax
Return, to help you complete Form
1040-C.
If you are a resident alien, use
TIP the 2008 Instructions for Form
1040, U.S. Individual Income
Tax Return, to help you complete
Form 1040-C.
on page 2.
You can get tax forms,
instructions, and publications from the
Internal Revenue Service (IRS). See
Additional information, below.
Alien status rules. If you are not a
citizen of the United States, specific
rules apply to determine if you are a
resident or nonresident alien. Intent is
not a factor in determining your
residency status.
You are considered a resident
alien if you meet either the green card
test or the substantial presence test.
However, even though you may
otherwise meet the substantial
presence test, you will not be
considered a U.S. resident if you
qualify for the closer connection to a
foreign country exception or you are
able to qualify as a nonresident alien
by reason of a tax treaty. These tests
and the exception are discussed in
the instructions for Part I starting on
page 3.
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Instructions for Form 1040-C

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Additional information. For more
information on taxation of resident
and nonresident aliens, residency
tests, and other special rules, see
Pub. 519.
In the United States, you can get
tax forms, instructions, and
publications from the IRS by calling
1-800-829-3676. You can also
download them from the IRS website
at www.irs.gov.

Treaty Benefits
If you take the position that a treaty of
the United States overrides or
modifies any provision of the Internal
Revenue Code and that position
reduces (or potentially reduces) your
tax, you may have to file Form 8833,
Treaty-Based Return Position
Disclosure Under Section 6114 or
7701(b), with your final U.S. income
tax return. See Pub. 519 for more
information.

Final Return Required
A Form 1040-C is not a final return.
You must file a final income tax return
after your tax year ends.
If you are a U.S. citizen or resident
alien on the last day of the year, you
should file Form 1040 reporting your
worldwide income. If you are not a
U.S. citizen or resident alien on the
last day of the year, you should
generally file Form 1040NR or, if
eligible, Form 1040NR-EZ, U.S.
Income Tax Return for Certain
Nonresident Aliens With No
Dependents. However, certain
individuals who were resident aliens
at the beginning of the tax year but
nonresident aliens at the end of the
tax year must file a “dual-status”
return. See Dual-status tax year on
page 4.
Any tax you pay with Form
1040-C counts as a credit against tax
on your final return. Any overpayment
shown on Form 1040-C will be
refunded only if and to the extent
your final return for the tax year
shows an overpayment.

Certificate of
Compliance
Note. The issuance of a certificate
of compliance is not a final
determination of your tax liability. If it
is later determined that you owe more
tax, you will have to pay the
additional tax due.
Form 1040-C or Form 2063. If you
are an alien, you should not leave the
United States or any of its
possessions without getting a
certificate of compliance from your
IRS Field Assistance Area Director on
Form 1040-C or Form 2063, U.S.

Departing Alien Income Tax
Statement, unless you meet one of
the Exceptions on this page.
You can file the shorter Form 2063
if you have filed all U.S. income tax
returns you were required to file, you
paid any tax due, and either of the
following applies.
• You have no taxable income for the
year of departure and for the
preceding year (if the time for filing
the earlier year’s return has not
passed).
• You are a resident alien with
taxable income for the preceding year
or for the year of departure, but the
Area Director has decided that your
leaving will not hinder collecting the
tax.
Exceptions. You do not need a
certificate of compliance if:
1. You are a representative of a
foreign government who holds a
diplomatic passport, a member of the
representative’s household, a servant
who accompanies the representative,
an employee of an international
organization or foreign government
whose pay for official services is
exempt from U.S. taxes and who has
no other U.S. source income, or a
member of the employee’s household
who was not paid by U.S. sources.
However, if you signed a waiver of
nonimmigrants’ privileges as a
condition of holding both your job and
your status as an immigrant, this
exception does not apply, and you
must get a certificate.
2. You are a student, industrial
trainee, or exchange visitor, or the
spouse or child of such an individual.
To qualify for this exception, you must
have an F-1, F-2, H-3, H-4, J-1, J-2,
or Q visa. Additionally, you must not
have received any income from
sources in the United States other
than:
a. Allowances covering expenses
incident to your study or training in
the United States (including expenses
for travel, maintenance, and tuition),
b. The value of any services or
accommodations furnished incident to
such study or training,
c. Income from employment
authorized under U.S. immigration
laws, or
d. Interest on deposits, but only if
that interest is not effectively
connected with a U.S. trade or
business.
3. You are a student, or the
spouse or child of a student, with an
M-1 or M-2 visa. To qualify, you must
not have received any income from
sources in the United States other
than:
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a. Income from employment
authorized under U.S. immigration
laws, or
b. Interest on deposits, but only if
that interest is not effectively
connected with a U.S. trade or
business.
4. Any of the following apply.
a. You are on a pleasure trip and
have a B-2 visa.
b. You are on a business trip,
have a B-1 visa or a combined B-1/
B-2 visa, and do not stay in the
United States or any of its
possessions for more than 90 days
during the tax year.
c. You are passing through the
United States or any of its
possessions, including travel on a
C-1 visa or under a contract, such as
a bond agreement, between a
transportation line and the U.S.
Attorney General.
d. You are admitted on a
border-crossing identification card.
e. You do not need to carry
passports, visas, or border-crossing
identification cards because you are
(i) visiting for pleasure or (ii) visiting
for business and do not stay in the
United States or any of its
possessions for more than 90 days
during the tax year.
f. You are a resident of Canada
or Mexico who commutes frequently
to the United States to work and your
wages are subject to income tax
withholding.
g. You are a military trainee
admitted for instruction under the
Department of Defense and you will
leave the United States on official
military travel orders.
However, exception 4 does not
apply if the Area Director believes
you had taxable income during the
tax year, up through your departure
date, or during the preceding tax year
and that your leaving the United
States would hinder collecting the tax.

How To Get the
Certificate
To get a certificate of compliance, go
to your local IRS office at least 2
weeks before you leave the United
States and file either Form 2063 or
Form 1040-C and any other required
tax returns that have not been filed.
The certificate may not be issued
more than 30 days before you leave.
If both you and your spouse are
aliens and both of you are leaving the
United States, both of you must go to
the IRS office.
Please be prepared to furnish your
anticipated date of departure and
bring the following records with you if
they apply.

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Instructions for Form 1040-C

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1. A valid passport with your alien
registration card or visa.
2. Copies of your U.S. income tax
returns filed for the past 2 years. If
you were in the United States for less
than 2 years, bring copies of the
income tax returns you filed for that
period.
3. Receipts for income taxes paid
on these returns.
4. Receipts, bank records,
canceled checks, and other
documents that prove your
deductions, business expenses, and
dependents claimed on the returns.
5. A statement from each
employer you worked for this year
showing wages paid and tax withheld.
If you are self-employed, you must
bring a statement of income and
expenses up to the date you plan to
leave.
6. Proof of any payments of
estimated tax for the past year and
the current year.
7. Documents showing any gain
or loss from the sale of personal and/
or real property, including capital
assets and merchandise.
8. Documents concerning
scholarship or fellowship grants, such
as: (a) verification of the grantor,
source, and purpose of the grant; (b)
copies of the application for, and
approval of, the grant; (c) a statement
of the amount paid, and your duties
and obligations under the grant; and
(d) a list of any previous grants.
9. Documents indicating
qualification for special tax treaty
benefits.
10. Document verifying your date of
departure from the United States,
such as an airline ticket.
11. Document verifying your U.S.
taxpayer identification number, such
as a social security card or an
IRS-issued CP 565 showing your
individual taxpayer identification
number (ITIN).
Note. If you are married and reside
in a community property state, also
bring the above-listed documents for
your spouse. This applies whether or
not your spouse requires a certificate.
If you are filing Form 1040-C, file
an original and one copy for the tax
year in which you plan to leave. If you
are departing between January 1,
2009, and April 15, 2009, you must
also file Form 1040NR or Form 1040
for 2008, and pay any tax due.
Generally, a certificate of
compliance on Form 1040-C will be
issued without your paying tax or
posting bond if you have not received
a termination assessment. A
termination assessment is a demand
for immediate payment of income tax

for the current and immediately
preceding year.
This certificate applies to all of
your departures during the current tax
year, subject to revocation on any
later departure if the Area Director
believes your leaving would hinder
collecting the tax.
If you owe income tax and the
Area Director determines that your
departure will jeopardize the
collection of the tax, a certificate of
compliance on Form 1040-C will be
issued only when you pay the tax due
or post bond, and the certificate will
apply only to the departure for which
it is issued.

SSA has all of the necessary
information.
If you do not have an SSN and are
not eligible to get one, you must apply
for an individual taxpayer
identification number (ITIN). For
details on how to do so, see Form
W-7 and its instructions. If you
already have an ITIN, enter it
wherever your SSN is requested on
your tax return. If you are required to
include another person’s SSN on
your return and that person does not
have and cannot get an SSN, enter
that person’s ITIN.
Note. An ITIN is for tax use only. It
does not entitle you to social security
benefits or change your employment
or immigration status under U.S. law.

Specific Instructions Part I—Explanation of
Joint return. Nonresident aliens
cannot file a joint return. Resident
aliens can file a joint return on Form
1040-C only if both of the following
apply.
1. The alien and his or her spouse
reasonably expect to be eligible to file
a joint return at the close of the tax
period for which the return is made.
2. If the tax period of the alien is
terminated, the tax period of his or
her spouse is terminated at the same
time.
If Form 1040-C is filed as a joint
return, enter both spouses’ names,
identification numbers, and passport
or alien registration card numbers in
the spaces provided on page 1 of the
form. Also, include both spouses’
income in Part III and furnish both
spouses’ information in Part I of the
form. It may be necessary to
complete a separate Part I for each
spouse.
Identifying number. You must
enter your identifying number.
Generally, this is your social security
number (SSN).
If you do not have an SSN and are
eligible for one, get Form SS-5,
Application for a Social Security Card,
from your local Social Security
Administration (SSA) office or call the
SSA at 1-800-772-1213. You can
also download Form SS-5 from the
SSA’s website at www.socialsecurity.
gov/online/ss-5.html. You must visit
an SSA office in person and submit
your Form SS-5 along with original
documentation showing your age,
identity, immigration status, and
authority to work in the United States.
If you are an F-1 or M-1 student, you
must also show your Form I-20. If you
are a J-1 exchange visitor, you will
also need to show your Form
DS-2019. Generally, you will receive
your card about 2 weeks after the
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Status—Resident or
Nonresident Alien

Generally, you are considered a
resident alien if you meet either the
green card test or the substantial
presence test for 2009. You are
considered a nonresident alien for the
year if you do not meet either of
these tests. For more information on
resident and nonresident alien status,
see Pub. 519.
Green card test. You are a resident
alien for tax purposes if you are a
lawful permanent resident of the
United States at any time during
2009. You are a lawful permanent
resident of the United States if you
have been given the privilege, under
U.S. immigration laws, of residing
permanently in the United States as
an immigrant. You generally have this
status if the U.S. Citizenship and
Immigration Services (USCIS) or the
Immigration and Naturalization
Service (INS) has issued you an alien
registration card, also known as a
“green card.”
Substantial presence test. You are
considered a resident alien for tax
purposes if you meet the substantial
presence test for 2009. You meet this
test if you were physically present in
the United States for at least:
• 31 days during 2009, and
• 183 days during the period 2009,
2008, and 2007, counting all the days
of physical presence in 2009, 1/3 of
the number of days of presence in
2008, and 1/6 of the number of days
in 2007.
Days of presence in the United
States. Generally, you are treated
as present in the United States on
any day that you are physically
present in the country at any time
during the day. However, you do not
count the following days of presence

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Instructions for Form 1040-C

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in the United States for purposes of
the substantial presence test.
• Days you regularly commuted to
work in the United States from a
residence in Canada or Mexico.
• Days you were in the United States
for less than 24 hours while you were
traveling between two places outside
the United States.
• Days you were temporarily present
in the United States as a regular
member of the crew of a foreign
vessel engaged in transportation
between the United States and a
foreign country or a possession of the
United States. This rule does not
apply to any day you were otherwise
engaged in a trade or business in the
United States.
• Days you intended, but were
unable, to leave the United States
because of a medical condition or
medical problem that arose while you
were in the United States.
• Days you were an exempt
individual. In general, an exempt
individual is: (a) a foreigngovernment-related individual, (b) a
teacher or trainee, (c) a student, or
(d) a professional athlete who is
temporarily present in the United
States to compete in a charitable
sports event.
Note. If you qualify to exclude days
of presence in the United States
because you are an exempt individual
(other than a foreign-governmentrelated individual) or because of a
medical condition or problem, file
Form 8843, Statement for Exempt
Individuals and Individuals With a
Medical Condition, with your final
income tax return.
Closer connection to a foreign
country exception. Even though
you would otherwise meet the
substantial presence test, you are not
treated as having met that test for
2009 if you: (a) were present in the
United States for fewer than 183 days
during 2009, (b) establish that during
2009 you had a tax home in a foreign
country, and (c) establish that during
2009 you had a closer connection to
one foreign country in which you had
a tax home than to the United States
unless you had a closer connection to
two foreign countries.
Note. If you meet this exception, file
Form 8840, Closer Connection
Exception Statement for Aliens, with
your final income tax return.
Residence determined by tax
treaty. Even though you would
otherwise meet the substantial
presence test, you are not treated as
having met that test if you qualify as a
resident of another country within the
meaning of the tax treaty between the
United States and that other country.

Dual-status tax year. Generally, if
you are a resident alien and you
leave the United States during the
year with no intent to return, you have
a dual-status tax year and are subject
to dual-status restrictions in
completing Form 1040-C. A
dual-status tax year is one in which
you have been both a resident alien
and a nonresident alien. In figuring
your income tax liability, different U.S.
income tax rules apply to each status.
See the Form 1040NR instructions for
details.
Note. Certain resident aliens who
leave the United States during the
year with no intent to return may be
subject to tax under section 877A.
These resident aliens compute their
tax using the method prescribed
under section 877A when completing
Form 1040-C. See chapter 4 of Pub.
519 for more information.
Income effectively connected with
a U.S. trade or business —
nonresident aliens. If you are a
nonresident alien, the tax on your
income depends on whether the
income is or is not effectively
connected with a U.S. trade or
business.
Income effectively connected with
a U.S. trade or business (including
wages earned by an employee) is
taxed at the graduated rates that
apply to U.S. citizens and resident
aliens. Income you receive as a
partner in a partnership or as a
beneficiary of an estate or trust is
considered effectively connected with
a U.S. trade or business if the
partnership, estate, or trust conducts
a U.S. trade or business.
Income from U.S. sources that is
not effectively connected with a U.S.
trade or business is generally taxed
at 30%. Your rate may be lower if the
country of which you are a resident
and the United States have a treaty
setting lower rates.
For a list of the types of income not
considered effectively connected with
a U.S. trade or business, see the
instructions for Schedule A on page 5
and Schedule B on page 6. If you are
a nonresident alien in the United
States to study or train, see Pub. 519.

Part II—Exemptions
If you are a resident alien, you can
claim the same exemptions allowed
U.S. citizens on Form 1040.
If you are a nonresident alien
engaged in a trade or business in the
United States and you are a U.S.
national (American Samoan or a
Northern Mariana Islander who chose
to be a U.S. national) or a resident of
Canada, India, Mexico, or the
Republic of Korea (South Korea), you
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can claim the same number of
exemptions you are entitled to on
Form 1040NR. All other nonresident
aliens engaged in a U.S. trade or
business can claim only one
exemption. For more details, see
Pub. 519 or the Form 1040NR
instructions.
If you are a nonresident alien not
engaged in a trade or business in the
United States, you cannot claim any
personal exemptions for income that
is not effectively connected with a
U.S. trade or business.
Line 14c, column (2). You must
enter each dependent’s SSN or ITIN.
See Identifying number on page 3.
Line 14c, column (4). Check the
box in this column if your dependent
is a qualifying child for the child tax
credit. See Pub. 501 to find out who
is a qualifying child.

Part III—Figuring Your
Income Tax
Read the descriptions on line 1 of
Form 1040-C for Groups I, II, and III
to see which group(s) applies to you.
If Group I or II applies, use lines
15-22 to figure your tax. If Group III
applies, use lines 23 and 24 to figure
your tax. If you are a nonresident
alien to which both Groups II and III
apply, use lines 15-24 to figure your
tax.
Line 16. Adjustments. If you are a
resident alien, you can take the
adjustments allowed on Form 1040.
The Form 1040 instructions have
information on adjustments you can
take. Be sure to consider the tax law
changes noted on page 1.
If you are a nonresident alien and
have income effectively connected
with a U.S. trade or business, you
can take the adjustments allowed on
Form 1040NR. See the Form
1040NR instructions. Be sure to
consider the tax law changes noted
on page 1.
If you are a nonresident alien and
all your income is not effectively
connected with a U.S. trade or
business, you cannot take any
adjustments.
Line 19. Credits. If you are a
resident alien, you can claim the
same credits as on Form 1040. If you
are a nonresident alien with income
effectively connected with a U.S.
trade or business, you can generally
claim the same credits as on Form
1040NR.
Line 21. Other taxes. Enter on line
21 any other taxes such as those
listed below. See the instructions for
Form 1040 or Form 1040NR for
information on the additional taxes to
include on this line.

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Instructions for Form 1040-C

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Making work pay credit. This credit
applies only to resident aliens. Enter any
making work pay credit that is due to you. See
Making work pay credit on page 1.
• Self-employment tax. This tax

applies only to resident aliens. Use
Schedule SE (Form 1040), Form
1040-PR, or Form 1040-SS to figure
your self-employment tax. The
self-employment tax rate for 2009 is
15.3%. This includes a 2.9%
Medicare tax and a 12.4% social
security tax. For 2009, the maximum
amount of self-employment income
subject to social security tax is
$106,800. There is no limit on the
amount of self-employment income
subject to the Medicare tax.
• Social security and Medicare tax
on tip income not reported to
employer. If you received tips of $20
or more in any month and you did not
report the full amount to your
employer, you must generally pay this
tax. See the Form 1040 instructions
or the Form 1040NR instructions.
• Social security and Medicare tax
not withheld by employer. If you are
an employee who received wages
from an employer who did not
withhold social security and Medicare
tax from your wages, you may owe
this tax. See the Form 1040
instructions or the Form 1040NR
instructions.
• Additional tax on IRAs, other
qualified retirement plans, etc. If
you received a distribution from or
made an excess contribution to one
of these plans, you may owe this tax.
See the Form 1040 instructions or the
Form 1040NR instructions.
• Household employment taxes. If
you pay cash wages to any one
household employee in 2009, you
may owe this tax. See the Form 1040
instructions or the Form 1040NR
instructions.
• Tax on accumulation distribution
of trusts. Use Form 4970 to figure
the tax.
• Tax from recapture of
investment credit. Use Form 4255
to figure the tax.
• Tax from recapture of
low-income housing credit. Use
Form 8611 to figure the tax.
• Tax from recapture of federal
mortgage subsidy. Use Form 8828
to figure the tax.
• Tax from recapture of qualified
electric vehicle credit. For details on
how to figure the tax, see Pub. 535,
Business Expenses.
• First-time homebuyer
credit.Repayment of the first-time
homebuyer credit if the home ceased
to be your main home in 2009. See
Form 5405.
Line 24. Tax. You must generally
enter 30% of the amount on line 23.
However, if you are entitled to a lower
rate or an exemption from tax
because of a treaty between your
country and the United States, attach

a statement showing your
computation of the tax. Also include
the applicable treaty article(s).
Line 28. Other payments. Include
on line 28 any of the following
payments. See the instructions for
Form 1040 or Form 1040NR for
details on other payments to include
on this line.
• Earned income credit (EIC). This
credit applies only to resident aliens.
Enter any EIC that is due to you.
• Additional child tax credit to
which you are entitled.
• U.S. income tax paid at previous
departure during the tax period.
Enter any tax you paid if you
previously departed the United States
during this tax period.
• Excess social security and
RRTA tax withheld. If you had two or
more employers in 2009 who together
paid you more than $106,800 in
wages, too much social security tax
and tier 1 railroad retirement (RRTA)
tax may have been withheld. See
Pub. 505, Tax Withholding and
Estimated Tax. For 2009, the
maximum social security tax and
tier 1 RRTA tax is $6,621.60.
• Credit for federal tax paid on
fuels. Use Form 4136 to figure the
credit.

Signature
Form 1040-C is not considered a
valid return unless you sign it. You
may have an agent in the United
States prepare and sign your return if
you are sick or otherwise unable to
sign. However, you must have IRS
approval to use an agent. To obtain
approval, file a statement with the
IRS office where you file Form
1040-C explaining why you cannot
sign.
If an agent (including your spouse)
signs for you, your authorization of
the signature must be filed with the
return.
Paid preparers must sign.
Generally, anyone you pay to prepare
your return must sign it in the space
provided. The preparer must also
give you a copy of the return for your
records. Someone who prepares your
return but does not charge you
should not sign your return.
If you have questions about
whether a preparer is required to sign
your return, please contact an IRS
office.

Schedule A—Income
Line 1, column (c). Enter amounts
shown as federal income tax withheld
on your Forms W-2, 1099, 1042-S,
etc. Be sure to enter the amount
withheld on the same line on which
the related income is reported.

Line 1, column (d). Resident aliens
should include income that would be
included on Form 1040, such as
wages, salaries, interest, dividends,
rents, alimony, etc.
Line 1, column (e). Enter
nonresident alien income effectively
connected with a U.S. trade or
business. Nonresident aliens should
include income that would be
included on page 1 of Form 1040NR
or Form 1040NR-EZ. This includes:
• Salaries and wages (generally
shown in box 1 of Form W-2),
• The taxable part of a scholarship or
fellowship grant,
• Business income or loss (income
that would be included on Schedule C
(Form 1040) or Schedule C-EZ
(Form 1040) as an attachment to
Form 1040NR), and
• Any other income considered to be
effectively connected with a U.S.
trade or business. See the
Instructions for Form 1040NR for
details.
Line 1, column (f). Enter
nonresident alien income from U.S.
sources that is not effectively
connected with a U.S. trade or
business, including:
• Interest, dividends, rents, salaries,
wages, premiums, annuities,
compensation, remuneration, and
other fixed or determinable annual or
periodic gains, profits, and income.
• Prizes, awards, and certain
gambling winnings. Proceeds from
lotteries, raffles, etc., are gambling
winnings. You must report the full
amount of your winnings. You cannot
offset losses against winnings and
report the difference.
• 85% of the U.S. social security
benefits you receive. This amount is
treated as U.S. source income not
effectively connected with a U.S.
trade or business and is subject to
the 30% tax rate, unless exempt or
taxed at a reduced rate under a U.S.
tax treaty. Social security benefits
include any monthly benefit under
Title II of the Social Security Act or
part of a tier 1 railroad retirement
benefit treated as a social security
benefit. They do not include any
supplemental security income (SSI)
payments.
Line 5. Include on line 5, column (d),
(e), or (f), all income you received
during the year that is exempt by
Code (see examples below). Also
include on line 5 income that is
exempt by treaty, but only if the
income is reportable in column (d) or
(e). Attach a statement that shows
the basis for the treaty exemption
(including treaty and article(s)).
Note. Do not include on line 5
income reportable in column (f) that is
exempt by treaty. Instead report

Repayment of first-time homebuyer-5-credit. If you claimed the first-time homebuyer credit
on your 2008 return and the home ceased to be your main home in 2009, see Form 5405.

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Instructions for Form 1040-C

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these amounts on line 1 of column (f)
and explain on the statement required
for Part III, line 24, the basis for the
reduced rate or exemption.
Be sure to include on line 5,
column (c), any amount withheld on
exempt income you are reporting on
line 5, column (d), (e), or (f). For
example, include amounts that were
withheld by a withholding agent that
was required to withhold due to lack
of documentation. However, do not
include amounts reimbursed by the
withholding agent.
Do not include on lines 1 through
4 any amount that is reportable on
line 5.
Exempt income for nonresident
aliens. The following income
received by nonresident aliens is
exempt from U.S. tax.
1. Interest on bank deposits or
withdrawable accounts with savings
and loan associations or credit unions
that are chartered and supervised
under federal or state law, or
amounts held by an insurance
company under an agreement to pay
interest on them, if the income is not
effectively connected with a U.S.
trade or business. Certain portfolio
interest on obligations issued after
July 18, 1984, is also exempt income.
2. Your personal service income
if:
a. You were in the United States
90 days or less during the tax year,
b. You received $3,000 or less for
your services, and
c. You performed the services as
an employee of or under contract with
a nonresident alien individual, foreign
partnership, or foreign corporation not
engaged in a U.S. trade or business;
or for a foreign office of a U.S.
partnership, corporation, citizen, or
resident.

3. Capital gains not effectively
connected with a U.S. trade or
business if you were in the United
States fewer than 183 days during
the tax year. Exception: Gain or loss
on the disposition of a U.S. real
property interest is not exempt.
4. U.S. bond income. Your income
from series E, EE, H, or HH U.S.
savings bonds that you bought while
a resident of the Ryukyu Islands
(including Okinawa) or the Trust
Territory of the Pacific Islands
(Caroline and Marshall Islands).
5. Annuities you received from
qualified annuity plans or trusts if both
of the following conditions apply:
a. The work that entitles you to the
annuity was performed either (1) in
the United States for a foreign
employer and you met the conditions
under 2 earlier, or (2) outside the
United States, and
b. When the first amount was paid
as an annuity, at least 90% of the
employees covered by the plan (or by
the plan or plans that included the
trust) were U.S. citizens or residents.
6. U.S. source dividends paid by
certain foreign corporations if they are
not effectively connected with your
U.S. trade or business. See Second
exception under Dividends in chapter
2 of Pub. 519 for the definition of
foreign corporation and how to figure
the amount of excludable dividends.
Certain items of income may be
exempt from federal tax under a tax
treaty. For more details, see Pub.
901.

Itemized Deduction Worksheet (keep for your records)
1. Add the amounts in columns (b) and (d) of Schedule C, line 1. .
2. Enter the total amount included on line 1 above for medical and
dental expenses, investment interest expense, casualty or theft
losses of personal use property, casualty and theft losses from
income-producing property, and gambling losses . . . . . . . . . .
3. Subtract line 2 from line 1. If zero or less, stop here; enter the
amount from line 1 above on Schedule C, line 2 . . . . . . . . . . .
4. Multiply line 3 above by 80% (.80) . . . . . . . . . 4.
5. Enter the amount from Form 1040-C, line 17
5.
6. Enter: $166,800 ($83,400 if married filing
separately) . . . . . . . . . . . . . . . . . . . . . . . . . 6.
7. Subtract line 6 from line 5. If zero or less, stop
here; enter the amount from line 1 above on
Schedule C, line 2 . . . . . . . . . . . . . . . . . . . . 7.
8. Multiply line 7 above by 3% (.03) . . . . . . . . . 8.
9. Enter the smaller of line 4 or line 8 . . . . . . . . . . . . . . . . . . . .
10. Divide line 9 by 1.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11. Subtract line 10 from line 9 . . . . . . . . . . . . . . . . . . . . . . . . . .
12. Total itemized deductions. Subtract line 11 from line 1. Enter
the result here and on Schedule C, line 2 . . . . . . . . . . . . . . . .

.

Schedule B—Certain
Gains and Losses From
Sales or Exchanges of
Nonresidents’ Property
Not Effectively
Connected With a U.S.
Trade or Business
If you are a nonresident alien, use
Schedule B to figure your gain or loss
from the sale or exchange of property
not effectively connected with a U.S.
trade or business. Include the
following types of income. For more
information on these types of income,
see Pub. 519 and the Instructions for
Form 1040NR.
1. Capital gains. Capital gains in
excess of capital losses if you were in
the United States at least 183 days
during the year.
Note. The gain or loss on the
disposition of a U.S. real property
interest is considered effectively
connected and should be shown in
Schedule A, column (e).
2. Income other than capital gains.
• Gains on the disposal of timber,
coal, or U.S. iron ore with a retained
economic interest.
• Gains from the sale or exchange of
patents, copyrights, secret processes
and formulas, goodwill, trademarks,
trade brands, franchises, and other
like property, or of any interest in any
such property. The gains must result
from payments for the productivity,
use, or disposition of the property or
interest.
Original issue discount (OID). If
you sold or exchanged the obligation,
include only the OID that accrued
while you held the obligation minus
the amount previously included in
income. If you received a payment on
the obligation, see Pub. 519.

1.

Schedule C—Itemized
Deductions
.

2.

.

3.

. 9.
. 10.
. 11.
. 12.

-6-

If you are a resident alien, you can
take the deductions allowed on
Schedule A of Form 1040. See the
Schedule A (Form 1040) instructions.
Be sure to consider the tax law
changes noted on page 1.
If you are a nonresident alien and
have income effectively connected
with a U.S. trade or business, you
can take the deductions allowed on
Schedule A of Form 1040NR. See the
Schedule A (Form 1040NR)
instructions. If you do not have
income effectively connected with a
U.S. trade or business, you cannot
take any deductions.

Page 7 of 10

Instructions for Form 1040-C

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Note. Residents of India who were
students or business apprentices may
be able to take the standard
deduction. See Pub. 519 for details.
Line 2. If the amount on
Form 1040-C, line 17, is over
$166,800 ($83,400 if married filing
separately), use the worksheet on
page 6 to figure the amount to enter
on line 2.

Schedule D—Tax
Computation
Standard Deduction (Group I
only)
If you do not itemize your deductions,
you can take the 2009 standard
deduction listed below for your filing
status.
Filing
Status

Standard
Deduction

Married filing jointly or
Qualifying widow(er) . . . . . . . . . . . . $11,400*
Head of household . . . . . . . . . . . . . $ 8,350*
Single or Married filing separately . . . $ 5,700*
*To these amounts, add the additional amount shown
next.

Additional amount for the elderly
or the blind. An additional standard
deduction amount of $1,100 is
allowed for a married individual
(whether filing jointly or separately) or
a qualifying widow(er) who is age 65
or older or blind in 2009 ($2,200 if the
individual is both age 65 or older and
blind, $4,400 if both spouses are age
65 or older and blind). An additional
standard deduction amount of $1,400
is allowed for an unmarried individual
(single or head of household) who is
age 65 or older or blind ($2,800 if the
individual is both age 65 or older and
blind).
Note. If you were born before
January 2, 1945, you are considered
to be age 65 or older in 2009.
Additional amounts for certain
taxes and net disaster loss. You
can increase your standard deduction
by:
• Certain state and local real estate
taxes you paid,
• Sales and excise taxes on qualified
motor vehicle purchases, and
• Your net disaster loss.
Real estate taxes. Your standard
deduction is increased by the state
and local real estate taxes you paid,
up to $500 ($1,000 if married filing
jointly). The real estate taxes must be
taxes that would have been
deductible on Schedule A (Form
1040) if you had itemized your
deductions. Taxes deductible in
arriving at adjusted gross income
(such as taxes on business real
estate) and taxes on foreign real

estate cannot be used to increase
your standard deduction.
Sales and excise taxes on motor
vehicles. Your standard deduction
is increased by state or local sales
and excise taxes paid on the
purchase of new cars, light trucks,
motor homes, and motorcycles after
February 16, 2009. Your modified
adjusted gross income (AGI) must be
less than $135,000 ($260,000 if
married filing a joint return) to qualify.
Your modified AGI is the amount
shown on Form 1040-C, line 17, plus
any foreign earned income or housing
exclusion and any income you
excluded as a bona fide resident of
American Samoa. Furthermore, you
can only deduct the taxes on the
portion of the purchase price that
does not exceed $49,500.
Net disaster loss. Your standard
deduction is increased by your net
disaster loss. Your net disaster loss is
your personal casualty losses from a
federally declared disaster minus any
personal casualty gains. This amount
is shown on the 2008 Form 4684, line
18a. For 2009, the loss must exceed
$500 to be allowed (not $100 as
shown on the 2008 Form 4684, line
11).
Limited standard deduction for
dependents. If you can be claimed
as a dependent on another person’s
2009 return, your standard deduction
is the greater of:
• $950, or
• Your earned income plus $300 (up
to the standard deduction amount).
To this amount add any additional
amounts as explained earlier.
12

Lines 4 and 10

If your adjusted gross income is more
than $125,100, or you are claiming an
additional amount for housing a
Midwestern displaced individual, use
the worksheet on page 8 to figure9the
exemption amount. Otherwise,
multiply $3,650 by the number of
exemptions to which you are entitled.
Taxpayers housing Midwestern
displaced individuals. You may be
able to claim an additional exemption
amount of $500 per person (up to
$2,000) if you provided housing to a
person who was displaced from his or
her main home because of the
storms, tornadoes, or flooding in a
Midwestern disaster area and all of
the following apply.
• The person displaced lived in your
main home for at least 60
consecutive days ending in 2009.
• You did not receive any rent or
other amount from any source for
providing the housing.
• The main home of the person
displaced was in a Midwestern
-7-

disaster area on the date the storms,
tornadoes, or flooding occurred.
• The person displaced was not your
spouse or dependent.
For details, see Form 8914.

Lines 6 and 14
Include in the total on line 6 or line
14, whichever applies, any tax from
Form 4972, Tax on Lump-Sum
Distributions, and Form 8814,
Parents’ Election To Report Child’s jointly
Interest and Dividends.
D
Also include any recapture of an
education credit. You may owe this
tax if you claimed an education credit
in an earlier year, and either tax-free
educational assistance or a refund of
qualified expenses was received in
2009 for the student. See Form 8863
for more details.

Lines 7 and 15
Enter on line 7 or 15, whichever
applies, any tax from Form 6251,
Alternative Minimum
Tax—Individuals.
Disclosure, Privacy Act, and
Paperwork Reduction Act Notice.
We ask for the information on this
form to carry out the Internal
Revenue laws of the United States.
Sections 6001, 6011, 6012(a), 6851,
and their regulations require that you
give us the information. We need it to
ensure that you are complying with
these laws and to allow us to figure
and collect the right amount of tax.
Section 6109 requires you to provide
your identifying number.
Generally, tax returns and return
information are confidential, as
required by section 6103. However,
section 6103 allows or requires the
Internal Revenue Service to disclose
or give the information shown on your
tax return to others as described in
the Code. For example, we may
disclose your tax information to the
Department of Justice to enforce the
tax laws, both civil and criminal, and
to cities, states, the District of
Columbia, U.S. commonwealths or
possessions, and certain foreign
governments to carry out their tax
laws. We may also disclose this
information to other countries under a
tax treaty, to federal and state
agencies to enforce federal nontax
criminal laws, or to federal law
enforcement and intelligence
agencies to combat terrorism. If you
do not give the information asked for,
you may be charged penalties and, in
certain cases, you may be subject to
criminal prosecution.
You are not required to provide the
information requested on a form that
is subject to the Paperwork Reduction
Act unless the form displays a valid

Page 8 of 10

Instructions for Form 1040-C

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OMB control number. Books or
records relating to a form or its
instructions must be retained as long
as their contents may become
material in the administration of any
Internal Revenue law.
The time needed to complete and
file this form will vary depending on
individual circumstances. The
estimated average time is:
Recordkeeping, 2 hr., 4 min.;

Learning about the law or the form,
56 min.; Preparing the form, 3 hr.,
44 min.; and Copying, assembling,
and sending the form to the IRS, 1
hr., 13 min.
If you have comments concerning
the accuracy of these time estimates
or suggestions for making this form
simpler, we would be happy to hear
from you. You can write to the

-8-

Internal Revenue Service, Tax
Products Coordinating Committee,
SE:W:CAR:MP:T:T:SP, 1111
Constitution Ave. NW, IR-6526,
Washington, DC 20224. Do not send
the tax form to this address. Instead,
see How To Get the Certificate on
page 2.

Page 9 of 10

Instructions for Form 1040-C

12:00 - 25-FEB-2009

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Deduction for Exemptions Worksheet (keep for your records)
1.

Is the amount on Schedule D, line 1 or line 9, more than the amount shown on line 4
below for your filing status?
No. Multiply $3,650 by the total number of exemptions claimed on Form 1040-C,
line 14d, and enter the result here. If you are claiming an additional amount for
housing a Midwestern displaced individual, skip lines 2-10 and go to line 11.
Otherwise, stop here and enter the result on Schedule D, line 4 or 12, whichever
applies.

2.
3.
4.

Yes. Go to line 2.

1.

Multiply $3,650 by the total number of exemptions claimed on Form 1040-C,
line 14d

2.

Enter the amount from Schedule D, line 1 or line 9
Enter the amount shown below for your filing status.
● Single, enter $166,800
● Married filing jointly or Qualifying widow(er), enter
$250,200
● Married filing separately, enter $125,100
● Head of household, enter $208,500

3.

其

5.

Subtract line 4 from line 3 and enter here

6.

Is line 5 more than $122,500 ($61,250 if married filing
separately)?

4.

5.

Yes. Multiply $2,433 by the number of exemptions
claimed on Form 1040-C, line 14d, and enter the result
here and on Schedule D, line 4 or 12, whichever
applies. Do not complete the rest of this worksheet.
No. Divide line 5 by $2,500 ($1,250 if married filing
separately). If the result is not a whole number, increase
it to the next higher whole number (for example,
increase 0.0004 to 1)
7.
8.
9.

6.

Multiply line 6 by 2% (.02) and enter the result as a decimal, but not more
than 1.0

7.

Multiply line 2 by line 7
Divide line 8 by 3.0

8.
9.

10.

Deduction for exemptions. Subtract line 9 from line 2 and enter the result
here. If you are claiming an additional amount for housing a Midwestern
displaced individual, go to line 11. Otherwise, stop here and enter the result
10.
on Schedule D, line 4 or 12, whichever applies

11.

Maximum amount for housing a Midwestern displaced individual.
Enter $2,000 ($1,000 if married filing separately)

12.

11.

Did you file Form 8914 for 2008?
Yes. Enter the amount from your 2008 Form 8914, line 2
No. Enter -0-

12.

13.

Subtract line 12 from line 11

14.

Multiply $500 by the total number of individuals for whom you provided
housing
14.

13.

15.
16.

Enter the smaller of line 13 or 14
15.
Exemption Amount. Add lines 1, 10, and 15. Enter the total here and on
Schedule D, line 4 or line 12, whichever applies
16.

-9-

.

Page 10 of 10

Instructions for Form 1040-C

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2009 Tax Rate Schedules (Groups I and II)
CAUTION

Do not use these Tax Rate Schedules to figure your 2008 taxes. Use only to figure your 2009 taxes.

Schedule X—Single Taxpayers (Groups I and II)
If the amount on
Schedule D,
The tax is:
line 5 or 13, is:
of the
but not
amount
Over—
over—
over—

Schedule Z—Head of Household (Group I only)
If the amount on
Schedule D,
The tax is:
line 5, is:
of the
but not
amount
Over—
over—
over—

$0.00 + 10%
$0 $8,350
$0
835.00 + 15%
8,350 33,950
8,350
33,950 82,250 4,675.00 + 25% 33,950
82,250 171,550 16,750.00 + 28% 82,250
171,550 372,950 41,754.00 + 33% 171,550
108,216.00 + 35% 372,950
372,950

$0
11,950
45,500
117,450
190,200
372,950

$11,950
45,500
117,450
190,200
372,950

$0.00 + 10%
$0
1,195.00 + 15% 11,950
6,227.50 + 25% 45,500
24,215.00 + 28% 117,450
44,585.00 + 33% 190,200
104,892.50 + 35% 372,950

Schedule Y—Married Taxpayers and Qualifying Widows and Widowers
Married Filing Joint Return (Group I only) and
Qualifying Widows and Widowers (Groups I and II)

Married Filing Separate Return (Groups I and II)

If the amount on
Schedule D,
line 5 or 13, is:
but not
Over—
over—

of the
amount
over—

If the amount on
Schedule D,
line 5 or 13, is:
but not
Over—
over—

$0
16,700
67,900
137,050
208,850
372,950

$0
8,350
33,950
68,525
104,425
186,475

$0
16,700
67,900
137,050
208,850
372,950

The tax is:

$0.00 + 10%
$16,700
67,900 1,670.00 + 15%
137,050 9,350.00 + 25%
208,850 26,637.50 + 28%
372,950 46,741.50 + 33%
100,894.50 + 35%

-10-

$8,350
33,950
68,525
104,425
186,475

The tax is:
of the
amount
over—

$0.00 + 10%
$0
835.00 + 15%
8,350
4,675.00 + 25% 33,950
13,318.75 + 28% 68,525
23,370.75 + 33% 104,425
50,447.25 + 35% 186,475