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ITIN Tax Filing: How Non-Residents File US Taxes (2026)

Which Form Do You File: 1040 or 1040-NR?

The substantial-presence test (SPT) determines US tax residency. Pass the SPT and you file Form 1040 like any other US resident. Fail the SPT and you file Form 1040-NR. Treaty residency tie-breakers (in countries with US tax treaties) can override the SPT outcome.

For the broader return walk-through, see ITIN tax return.

What Are the ITIN Filing Deadlines?

Filer TypeFormDue Date
US tax resident1040April 15
Non-resident alien with US wages1040-NRApril 15
Non-resident alien without US wages1040-NRJune 15
Extension4868October 15

What Do First-Year ITIN Filers Attach to the Return?

  • Form W-7 (one per applicant) with original signature
  • Identity documents (CAA-certified copies; originals stay with applicant)
  • Form 1040 or 1040-NR for the current year
  • Wage and income forms (W-2, 1099, 1042-S, K-1)
  • Form 8843 (J-1, F-1, exempt individuals)
  • Form 8233 (treaty wages claim)
  • Schedules A, B, C, D, E as applicable

How Do Established ITIN Holders File Going Forward?

After the first year, ITIN holders with an active number can e-file Form 1040 through the IRS Free File program or any commercial tax software. Form 1040-NR is still mostly paper-only. Established holders also use the ITIN to claim treaty rates via Form W-8BEN and to reduce withholding via Form 8233.

For withholding reduction specifically, see ITIN withholding tax.

Where Does the ITIN Go on the Tax Return?

The ITIN goes in the SSN box at the top of Form 1040 or 1040-NR. Dependents' ITINs go in the dependent information section. Spouses claimed on a joint return enter their ITIN in the spouse-SSN box. See ITIN on the tax return for the field-by-field walkthrough.

Frequently Asked Questions About ITIN Tax Filing

US-tax-resident ITIN holders file Form 1040. Non-resident-alien ITIN holders file Form 1040-NR. The substantial-presence test determines US residency: 183 days in the current year, or 31 in the current year plus a weighted three-year count. Some treaty-residency claims override the test.

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