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Important
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For information call now:
(347) 989-4566
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Additional information
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Internal Revenue Service
Austin Service Center
ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342
IN
1-800-829-1040
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183-day Rule
If you were in the United States for 183 days or more during the tax year, your
net gain from sales or exchanges of capital assets is taxed at a 30% (or lower
treaty) rate. For purposes of the 30% (or lower treaty) rate, net gain is the
excess of your capital gains from U.S. sources over your capital losses from
U.S. sources. This rule applies even if any of the transactions occurred while
you were not in the United States.
To determine your net gain, consider the amount of your gains and losses that
would be recognized and taken into account only if, and to the extent that, they
would be recognized and taken into account if you were in a U.S. trade or
business during the year and the gains and losses were effectively connected
with that trade or business during the tax year.
In arriving at your net gain, do not take the following into consideration.
� The four types of gains listed earlier.
� The deduction for a capital loss carryover.
� Capital losses in excess of capital gains.
� Exclusion for gain from the sale or exchange of qualified small business stock
� Losses from the sale or exchange of property held for personal use. However,
losses resulting from casualties or thefts may be deductible on Schedule A (Form
1040NR).
If you are not engaged in a trade or business in the United States and have not
established a tax year for a prior period, your tax year will be the calendar
year for purposes of the 183-day rule. Also, you must file your tax return on a
calendar-year basis.
If you were in the United States for less than 183 days during the tax year,
capital gains (other than gains listed earlier) are tax exempt unless they are
effectively connected with a trade or business in the United States during your
tax year.
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