|
Important
|
For information call now:
(347) 989-4566
|
|
|
Additional information
|
Internal Revenue Service
Austin Service Center
ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342
IN
1-800-829-1040
|
|
|
Trade or Business in the United States
Generally, you must be engaged in a trade or business during the tax year to be
able to treat income received in that year as effectively connected with that
trade or business. Whether you are engaged in a trade or business in the United
States depends on the nature of your activities.
Personal ServicesIf you perform personal services in the United States
at any time during the tax year, you usually are considered engaged in a trade
or business in the United States.
Certain compensation paid to a nonresident alien by a foreign employer is not
included in gross income.
Students and traineesYou are considered engaged in a trade or business
in the United States if you are temporarily present in the United States as a
nonimmigrant under an �F,� �J,� �M,� or �Q� visa. A nonresident alien
temporarily present in the United States under a �J� visa includes a nonresident
alien individual admitted to the United States as an exchange visitor.
The taxable part of any scholarship or fellowship grant that is U.S. source
income is treated as effectively connected with a trade or business in the
United States.
Business operations
If you own and operate a business in the United States selling services,
products, or merchandise, you are, with certain exceptions, engaged in a trade
or business in the United States.
Partnerships
If you are a member of a
partnership that at any time during the tax year is engaged in a trade or
business in the United States, you are considered to be engaged in a trade or
business in the United States.
Beneficiary of an estate or trust
If you are the beneficiary of an estate or trust that is engaged in a trade or
business in the United States, you are treated as being engaged in the same
trade or business.
Trading in stocks, securities, and commodities
If your only U.S. business activity is trading in stocks, securities, or
commodities (including hedging transactions) through a U.S. resident broker or
other agent, you are not engaged in a trade or business in the United States.
For transactions in stocks or securities, this applies to any nonresident alien,
including a dealer or broker in stocks and securities. For transactions in
commodities, this applies to commodities that are usually traded on an organized
commodity exchange and to transactions that are usually carried out at such an
exchange.
This discussion does not apply if you have a U.S. office or other
fixed place of business at any time during the tax year through which, or by the
direction of which, you carry out your transactions in stocks, securities, or
commodities.
Trading for a nonresident alien�s own accountYou are not engaged in a
trade or business in the United States if trading for your own account in
stocks, securities, or commodities is your only U.S. business activity. This
applies even if the trading takes place while you are present in the United
States or is done by your employee or your broker or other agent. This does not
apply to trading for your own account if you are a dealer in stocks, securities,
or commodities. This does not necessarily mean, however, that as a dealer you
are considered to be engaged in a trade or business in the United States.
|
|
|
