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Owen Jenkins

How to fill out Schedule OI (Form 1040-NR) when I'm not a tax resident of any country?

I'm struggling with my tax return and hoping someone here can help me. I need to file Form 1040-NR as a nonresident alien, but I'm completely stuck on Schedule OI. The form asks for my country of residence, but I don't technically have tax residency anywhere! I've been traveling continuously for the past few years (digital nomad lifestyle) and don't maintain a permanent home anywhere. I'm a citizen of Brazil, but I haven't lived there in over 3 years and am not considered a tax resident there under their rules. I spent about 90 days in the US last year doing consulting work, which is why I need to file the 1040-NR. What should I put on Schedule OI in the country of residence field? Should I just put Brazil since that's my citizenship? Or "none"? Will the IRS reject my return if I don't list a country of tax residence? Has anyone dealt with this specific situation before?

This is actually more common than you might think for digital nomads! The key distinction here is between citizenship and tax residency. For Schedule OI (Form 1040-NR), the IRS wants to know where you're considered a tax resident, not just your citizenship. If you truly don't qualify as a tax resident anywhere under each country's specific rules (which is possible but rare), you should enter the country that issued your passport in the residence field. In your case, that would be Brazil. Then in Part 1, Question L, make sure to explain your situation - that you're a citizen of Brazil but currently don't qualify as a tax resident in any country due to your continuous travel pattern. The IRS won't reject your return for this reason, but they might request additional information to verify your status. Make sure you keep good records of your travel dates and locations to support your position if questioned.

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Thanks for this info! Quick follow-up: if I list Brazil as my country of residence even though I'm not a tax resident there, do I need to provide any additional documentation with my return to explain this? Also, will this cause issues with the Brazilian tax authorities?

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You don't need to provide additional documentation with your initial filing. However, I recommend preparing a statement explaining your travel pattern and residency status that you can provide if the IRS requests more information. As for Brazilian authorities, listing Brazil on your U.S. tax form won't automatically trigger anything with them. That said, you should separately ensure you're complying with any Brazilian requirements based on your citizenship. Some countries have ongoing filing requirements for citizens regardless of where they live.

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Yeah right. There's no way anyone can get through to the IRS that quickly. I've been trying for MONTHS to get an answer about my international tax situation. I'll believe it when I see it.

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I think the reason this is confusing is that the form is asking for your country of RESIDENCE not your country of TAX RESIDENCE. Those are potentially different things. Your residence could be where you have your permanent home or spend most of your time, even if you're not considered a tax resident there under their specific rules. If you have a place you consider "home base" even if you're only there a few weeks a year, that's probably what you should list. If you truly have no home base, then listing your citizenship country is the fallback option.

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But the instructions for the form specifically mention "tax residence" in several places. I think that's what's causing the confusion - the form seems to be asking for tax residency status, not just where you happen to sleep most nights.

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You're right that the instructions do mention tax residence in several places. The form itself is somewhat inconsistent in its terminology. The safest approach is to consider where you would be considered a tax resident under each country's rules. If nowhere applies, then list your citizenship country and include an explanation. The key is to be able to justify your answer if questioned.

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I worked at H&R Block for 5 years and saw this exact situation multiple times with digital nomads. Here's the practical solution we always used: 1. Put your country of citizenship in the residence field 2. In Part I, Question L, check "Yes" for "Did you file a U.S. income tax return for any prior year?" 3. Then in the explanation line, write "Citizen of [COUNTRY] with no current tax residence in any country due to continuous travel" This approach never triggered any issues or audits for our clients. The IRS understands that some people fall into this gap of not having a tax residence anywhere.

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Thank you so much for the specific advice! This sounds like exactly what I need to do. One more question - should I also include documentation of my travel pattern (like a list of countries and dates) with my return, or just have that ready in case they ask for it later?

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Hold onto your documentation showing your travel pattern, but don't include it with your initial filing unless specifically requested. Having a simple spreadsheet or document showing entry/exit dates for each country is sufficient. If the IRS has questions, they'll send you a letter requesting more information. That's when you'd provide the travel documentation. In my experience, they rarely question this if the rest of your return makes sense and aligns with your stated situation.

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I went through this exact same situation two years ago as a digital nomad with German citizenship but no tax residency anywhere. After a lot of research and consultation with a tax professional, here's what worked for me: I listed Germany (my citizenship country) on Schedule OI and included a brief statement in Part I explaining that while I'm a German citizen, I don't meet Germany's tax residency requirements due to spending less than 183 days there annually and maintaining no permanent address. The key is being able to demonstrate that you genuinely don't qualify as a tax resident anywhere under each country's specific rules. I kept detailed records of my travel dates and locations, plus documentation showing I didn't maintain a permanent home anywhere. My return was processed without any issues, and I never received any follow-up questions from the IRS. The important thing is to be honest and accurate - if you truly don't have tax residency anywhere, the IRS understands this is a legitimate situation for modern digital nomads.

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This is really helpful! I'm in a similar situation with U.S. citizenship but living nomadically. Quick question - did you have to provide any specific documentation to prove you didn't meet Germany's 183-day rule, or was your statement sufficient? Also, did you face any complications with German tax authorities by listing Germany on your U.S. forms?

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I didn't need to provide specific documentation with my initial filing - my statement was sufficient. I basically wrote something like "German citizen but do not meet Germany's tax residency requirements due to spending fewer than 183 days annually in Germany and maintaining no permanent German address." As for German tax authorities, listing Germany on my U.S. forms didn't cause any issues. The two systems don't automatically share this information in a way that would trigger German tax obligations. However, I did separately confirm with a German tax advisor that I was properly non-resident under their rules to avoid any future complications. The key is making sure you're genuinely compliant with the residency rules of your citizenship country. If you're truly spending most of your time outside the U.S. and don't maintain a permanent U.S. address, you should be fine using the same approach.

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I've been dealing with this exact issue as a U.S. citizen living abroad without a clear tax residency. After consulting with an international tax attorney, here's what I learned: The IRS is primarily concerned with ensuring you're not trying to avoid reporting income or claiming false treaty benefits. For Schedule OI, if you genuinely don't qualify as a tax resident anywhere, you should: 1. List your country of citizenship in the residence field 2. In the additional information section, clearly state your situation: "U.S. citizen with no current tax residency in any country due to continuous international travel" 3. Be prepared to substantiate this claim with travel records if requested The attorney emphasized that this is becoming increasingly common with remote work trends, and the IRS has guidance for handling these "stateless for tax purposes" situations. What matters most is that you can demonstrate you're not artificially avoiding tax obligations in any country. One important note: even if you're not a tax resident anywhere, you still need to comply with U.S. tax obligations as a citizen, including FBAR and FATCA reporting if applicable. The Foreign Earned Income Exclusion might also apply to reduce your U.S. tax liability on foreign-sourced income.

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