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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 15182
Experience:  15years with H & R Block. Divisional leader, Instructor
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Hello I have a question regarding my income tax I am not

Customer Question

I have a question regarding my income tax
I am not USA citizen and I do not live in USA however have been in missouri for short period of time I have a house and it rented the mortgage company pay the appropriate tax, since I am not in the state I did not file income tax.
Is it problem
What the consequences, I am planing to visit USA next month
I really appreciate your help
With my best regards,
Submitted: 7 years ago.
Category: Tax
Expert:  Robin D. replied 7 years ago.


Thank you for using Just Answer.


Rental income from real property located in the United States and the gain from its sale will always be U.S. source income subject to tax in the United States regardless of the foreign investor's status and regardless of whether the United States has an income treaty with the foreign investor's home country.


You will need to file a 1040NR tax return to report the rent income. Ownership of real property is not considered a U.S. trade or business if it consists of merely passive activity such as a net lease in which the lessee pays rent, as well as all taxes, operating expenses, repairs, and interest in principal on existing mortgages and insurance in connection with the property. Such passive rental income is subject to a flat 30 percent withholding tax (unless reduced by an applicable income tax treaty) applied to the gross income rather than the "net rent" received.

Since you did not file a timely return you may not claim to have the rental as effectively connected to the US and the 30% withholding is not optional. You still are required to file a 1040NR.

A real property manager who collects rent on behalf of a foreign owner of real property is considered a withholding agent and is personally and primarily liable for any tax that must be withheld.

I sincerely XXXXX XXXXX information is helpful,

Customer: replied 7 years ago.

Thank you very much for your answer, however, I did not file income tax for the last 7 years and I am planning to visit USA. And since I have to file. My question is do I have to file now or after my arrival to USA.

I Prefer to file my income taxes after my arrival in USA it easier and i will find help too


Expert:  Robin D. replied 7 years ago.

You can file when you get here but if you have a Balance Due on the 1040NR, additional interest and penalties will apply.

The professional that assists you with the return will be able to help you in getting an ITIN also.

An Individual Taxpayer Identification Number (ITIN) is a tax processing number issued by the Internal Revenue Service. It is a nine-digit number that always begins with the number 9 and has a range of 70-88 in the fourth and fifth digit, example 9XX-70-XXXX.
IRS issues ITINs to individuals who are required to have a U.S. taxpayer identification number but who do not have, and are not eligible to obtain a Social Security Number (SSN) from the Social Security Administration (SSA).