You make the callBy: NATP Research
May 4, 2023

Question: Pedro lives in Spain. He owns real estate in the U.S. and receives rental income of $12,000 during the year. Pedro is unmarried, has never been to the U.S., and meets the definition of a nonresident alien. The rental income was his only U.S.-sourced income. Must Pedro file a U.S. tax return and, if so, is he allowed to claim the standard deduction?

Answer: Yes, Pedro will be required to file a tax return using Form 1040-NR, U.S. Nonresident Alien Income Tax Return. Since the real estate is in the U.S, he has U.S.- sourced income that must report on a federal income tax return.

Because Pedro is considered a nonresident alien and is not married to a U.S. citizen or resident with whom he is making an election to be treated as a U.S. resident, he is not eligible to claim the standard deduction; his allowable standard deduction is $0.

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Information included in this article is accurate as of the publish date. This post is not reflective of tax law changes or IRS guidance that may have occurred after the date of publishing. All taxpayer circumstances are different, and NATP recommends contacting research services if you have specific questions about your clients’ tax situations.

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