Table of Contents
If you are a nonresident alien visiting the United States only for pleasure, receive no income from U.S. sources, and are not engaged or considered to be engaged in a trade or business in the United States, you do not have to file a U.S. income tax return.
Table 1, shown later, can help you determine whether you have U.S. source income. Also, see What Income Is Taxed, later.
You must file a U.S. income tax return if you engaged or were considered to be engaged in a trade or business in the United States during 2010.
You must file a U.S. income tax return even if:
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Your income did not come from a trade or business conducted in the United States,
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You have no income from U.S. sources, or
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Your income is exempt from U.S. income tax.
A nonresident alien usually is subject to U.S. income tax only on U.S. source income. See Table 1 for the factors that determine whether income is from U.S. sources. Under limited circumstances, certain foreign source income is subject to U.S. tax. See Foreign Income in chapter 4 of Publication 519.
U.S. source income includes, but is not limited to, the following.
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Wages, salaries, commissions, fees, tips, etc., for services performed in the United States. For exceptions, see Employees of foreign persons, organizations, or offices and Crew members, later.
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Interest paid from the United States or the District of Columbia, or by a noncorporate resident or domestic corporation, with the following exceptions.
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Interest paid by certain resident aliens or domestic corporations if at least 80% of the payer's gross income for the 3 preceding years was from sources outside the United States.
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Interest on certain amounts paid by a foreign branch of a domestic corporation or a domestic partnership.
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Interest on deposits with a foreign branch of a domestic corporation or a domestic partnership, but only if the branch is in the commercial banking business.
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Dividends, with the following exceptions. <TA"/>"/>
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Dividends received from a domestic corporation if the corporation elects to take the American Samoa economic development credit.
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Part of the dividend received from certain foreign corporations.
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Rents and royalties from property located in the United States or from any interest in that property.
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Gains, profits, and income from the sale or exchange of inventory in the United States you purchased outside the United States and its possessions.
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Gains, profits, and income from the sale or other disposition of a U.S. real property interest. A U.S. real property interest is any interest in real property (including natural deposits) located in the United States or the Virgin Islands and any interest (other than solely as a creditor) in certain domestic corporations holding U.S. real property interests. For more information, see Publication 519.
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Certain guarantees of indebtedness.
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You perform personal services as an employee of or under a contract with a nonresident alien individual, foreign partnership, or foreign corporation, not engaged in a trade or business in the United States; or you work for an office or place of business maintained in a foreign country or possession of the United States by a U.S. corporation, a U.S. partnership, or a U.S. citizen or resident.
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You perform these services while you are a nonresident alien temporarily present in the United States for a period or periods of not more than a total of 90 days during the tax year.
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Your pay for these services is not more than $3,000.
Table 1.Summary of Source Rules for Income of Nonresident Aliens
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Note: For more details about the income source rules, see chapter 2 of Publication 519.
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| Item of Income | Factor Determining Source |
| Salaries, wages, other compensation | Where services performed |
| Business income: | |
| Personal services | Where services performed |
| Sale of inventory—purchased | Where sold |
| Sale of inventory—produced | Allocation |
| Interest | Residence of payer |
| Dividends | Whether a U.S. or foreign corporation* |
| Dividend equivalent payments | Whether paid on or after September 14, 2010 |
| Rents | Location of property |
| Royalties: | |
| Natural resources | Location of property |
| Patents, copyrights, etc. | Where property is used |
| Sale of real property | Location of property |
| Sale of personal property | Seller's tax home (but see Personal Property, in chapter 2 of Publication 519, for exceptions) |
| Pension distributions attributable to contributions | Where services were performed that earned the pension |
| Investment earnings on pension contributions | Location of pension trust |
| Sale of natural resources | Allocation based on fair market value of product at export terminal. For more information, see Regulations section 1.863-1(b) |
| Guarantee of indebtedness | Guarantees issued after September 27, 2010, to noncorporate residents, domestic corporations, and certain foreign persons if guarantee associated with foreign person's U.S. trade or business. |
| *Exceptions include: a) Dividends paid by a U.S. corporation are foreign source if the corporation elects the American Samoa economic development credit. b) Part of a dividend paid by a foreign corporation is U.S. source if at least 25% of the corporation's gross income is effectively connected with a U.S. trade or business for the 3 tax years before the year in which the dividends are declared. |
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If you are a nonresident alien and you must file an income tax return, use Form 1040NR, U.S. Nonresident Alien Income Tax Return, unless you qualify to use Form 1040NR-EZ, U.S. Income Tax Return for Certain Nonresident Aliens With No Dependents.
If you have income from which no (or not enough) U.S. tax is withheld, you also may need to file Form 1040-ES (NR), U.S. Estimated Tax for Nonresident Alien Individuals.
Before leaving the United States, you may have to file Form 1040-C, U.S. Departing Alien Income Tax Return, or Form 2063, U.S. Departing Alien Income Tax Statement.
These forms are briefly discussed later. Be sure to get Publication 519, which is a comprehensive tax guide for aliens.
If you are an employee, your employer usually will take income tax out of your wages and pay it to the U.S. Treasury in your name. This is called withholding. The rate of withholding depends on the amount of your income and the information you give your employer on Form W-4. The amount withheld is credited against the tax you owe when you file your U.S. tax return.
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Interest (other than interest on bank deposits, savings and loan, credit union, or similar accounts, amounts held by insurance companies under agreements to pay interest, or certain portfolio debt obligations).
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Dividends.
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Rents.
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85% of social security benefits paid to nonresident aliens.
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Annuities (payments from pensions, trusts, etc.).
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Royalties.
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Payments for certain guarantees of indebtedness provided after September 27, 2010.
If you are an employee and you receive wages subject to U.S. income tax withholding, generally you must file by the 15th day of the 4th month after your tax year ends. If you file for the 2010 calendar year, your return is due April 18, 2011. (If you have not previously established a tax year other than the calendar year, you must use the calendar year as your tax year.)
If you did not receive wages subject to U.S. income tax withholding, you must file by the 15th day of the 6th month after your tax year ends. For the 2010 calendar year, file your return by June 15, 2011.

Department of the Treasury
Internal Revenue Service Center
Austin, TX 73301-0215
If you cannot file your return by the due date, file Form 4868 or use one of the electronic filing options explained in the Form 4868 instructions. Generally, this will extend the due date to October 17, 2011. You must file the extension by the regular due date of your return.
You may have income from which no U.S. income tax is withheld. Or, the amount of tax withheld may not equal the income tax you estimate you will owe at the end of the year. If this is true, you may have to pay estimated tax and file Form 1040-ES (NR). A penalty may be charged if you underpay your estimated tax by a certain amount.
Generally, you must make estimated tax payments for 2011 if you expect to owe at least $1,000 in tax and you expect your withholding and credits to be less than the smaller of:
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90% of the tax to be shown on your 2011 income tax return, or
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100% of the tax shown on your 2010 income tax return (if your 2010 return covered all 12 months of the year).
If your adjusted gross income for 2010 was more than $150,000 ($75,000 if your filing status for 2011 is married filing separately), substitute 110% for 100% in (2) above if you are not a farmer or fisherman. Item (2) also does not apply if you did not file a 2010 return.
Before leaving the United States, you may need to come to an IRS office to file Form 1040-C or Form 2063. You must file these forms to get a certificate of compliance (known as a sailing permit or departure permit) from the Internal Revenue Service. However, see Aliens Not Required To Obtain Sailing or Departure Permits, later.


If you are required to file a U.S. income tax return for the year, file Form 1040NR or Form 1040NR-EZ after the end of the year. You have to file this form whether or not you owe more tax or are entitled to a refund of tax paid. Treat the tax you paid with Form 1040-C as a credit against the tax on your income tax return.
If you are included in one of the following categories, you do not have to get a sailing or departure permit before leaving the United States.
If you are in one of these categories and do not have to get a sailing or departure permit, you must be able to support your claim for exemption with proper identification or give the authority for the exemption.
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Whose compensation for official services is exempt from U.S. tax under U.S. tax laws, and
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Who receive no other income from U.S. sources.

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Allowances to cover expenses incident to study or training in the United States, such as expenses for travel, maintenance, and tuition,
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The value of any services or food and lodging connected with this study or training,
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Income from employment authorized under U.S. immigration laws, or
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Interest income on deposits that is not effectively connected with a U.S. trade or business.
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Income from employment authorized under U.S. immigration laws, or
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Interest income on deposits that is not effectively connected with a U.S. trade or business.
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Alien military trainees who come to the United States for training under the sponsorship of the Department of Defense and who leave the United States on official military travel orders,
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Alien visitors for business on a “B-1” visa, or on both a “B-1” visa and a “B-2” visa, who do not remain in the United States or a U.S. possession for more than 90 days during the tax year,
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Alien visitors for pleasure on a “B-2” visa,
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Aliens in transit through the United States or any of its possessions on a “C-1” visa, or under a contract, such as a bond agreement, between a transportation line and the Attorney General, and
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Aliens who enter the United States on a border-crossing identification card or for whom passports, visas, and border-crossing identification cards are not required. These aliens must be visitors for pleasure, visitors for business who do not remain in the United States or a U.S. possession for more than 90 days during the tax year, or visitors in transit through the United States or any of its possessions.
You should get your sailing or departure permit at least 2 weeks before you plan to leave the United States. However, the clearance may not be issued more than 30 days before you leave. If both you and your spouse are aliens and both of you are leaving the United States, both of you must go to the IRS office.
Please be prepared to give your planned date of departure and bring the following records with you if they apply.
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Your passport and alien registration card or visa.
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Copies of your U.S. income tax returns filed for the past 2 years. If you were in the United States for less than 2 years, bring copies of the income tax returns you filed for that period.
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Receipts for income taxes paid on these returns.
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Receipts, bank records, canceled checks, and other documents that prove your deductions, business expenses, and dependents claimed on the returns.
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A statement from each employer you worked for this year, showing wages paid and tax withheld from January 1 of the current year to the date of departure if you were an employee. If you are self-employed, you must bring a statement of income and expenses up to the date you plan to leave.
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Proof of estimated tax payments for the past year and this year.
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Documents showing any gain or loss from the sale of personal or real property, including capital assets and merchandise.
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Documents relating to scholarships or fellowship grants, including the following.
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Verification of the grantor, source, and purpose of the grant.
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Date the grant was made.
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Documents indicating you qualify for any special tax treaty benefits claimed.
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Document verifying your date of departure from the United States, such as an airline ticket.
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Document verifying your U.S. taxpayer identification number, such as a social security card or an IRS-issued Notice CP 565 showing your ITIN.
You can get help with unresolved tax issues, order free publications and forms, ask tax questions, and get information from the IRS in several ways. By selecting the method that is best for you, you will have quick and easy access to tax help.
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The Taxpayer Advocate Service is your voice at the IRS.
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Our service is free, confidential, and tailored to meet your needs.
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You may be eligible for our help if you have tried to resolve your tax problem through normal IRS channels and have gotten nowhere, or you believe an IRS procedure just isn't working as it should.
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We help taxpayers whose problems are causing financial difficulty or significant cost, including the cost of professional representation. This includes businesses as well as individuals.
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Our employees know the IRS and how to navigate it. If you qualify for our help, we'll assign your case to an advocate who will listen to your problem, help you understand what needs to be done to resolve it, and stay with you every step of the way until your problem is resolved.
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We have at least one local taxpayer advocate in every state, the District of Columbia, and Puerto Rico. You can call your local advocate, whose number is in your phone book, in Pub. 1546, Taxpayer Advocate Service—Your Voice at the IRS, and on our website at www.irs.gov/advocate. You can also call our toll-free line at 1-877-777-4778 or TTY/TDD 1-800-829-4059.
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You can learn about your rights and responsibilities as a taxpayer by visiting our online tax toolkit at www.taxtoolkit.irs.gov. You can get updates on hot tax topics by visiting our YouTube channel at www.youtube.com/tasnta and our Facebook page at www.facebook.com/YourVoiceAtIRS, or by following our tweets at www.twitter.com/YourVoiceAtIRS.

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E-file your return. Find out about commercial tax preparation and e-file services available free to eligible taxpayers.
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Check the status of your 2010 refund. Go to IRS.gov and click on Where's My Refund. Wait at least 72 hours after the IRS acknowledges receipt of your e-filed return, or 3 to 4 weeks after mailing a paper return. If you filed Form 5405, 8379, or 8839 with your return, wait 14 weeks (11 weeks if you filed electronically). Have your 2010 tax return available so you can provide your social security number, your filing status, and the exact whole dollar amount of your refund.
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Download forms, including talking tax forms, instructions, and publications.
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Order IRS products online.
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Research your tax questions online.
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Search publications online by topic or keyword.
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Use the online Internal Revenue Code, regulations, or other official guidance.
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View Internal Revenue Bulletins (IRBs) published in the last few years.
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Figure your withholding allowances using the withholding calculator online at www.irs.gov/individuals.
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Determine if Form 6251 must be filed by using our Alternative Minimum Tax (AMT) Assistant.
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Sign up to receive local and national tax news by email.
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Get information on starting and operating a small business.

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Ordering forms, instructions, and publications. Call 1-800-TAX-FORM (1-800-829-3676) to order current-year forms, instructions, and publications, and prior-year forms and instructions. You should receive your order within 10 days.
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Asking tax questions. Call the IRS with your tax questions at 1-800-829-1040.
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Solving problems. You can get face-to-face help solving tax problems every business day in IRS Taxpayer Assistance Centers. An employee can explain IRS letters, request adjustments to your account, or help you set up a payment plan. Call your local Taxpayer Assistance Center for an appointment. To find the number, go to www.irs.gov/localcontacts or look in the phone book under United States Government, Internal Revenue Service.
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TTY/TDD equipment. If you have access to TTY/TDD equipment, call 1-800-829-4059 to ask tax questions or to order forms and publications.
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TeleTax topics. Call 1-800-829-4477 to listen to pre-recorded messages covering various tax topics.
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Refund information. To check the status of your 2010 refund, call 1-800-829-1954 or 1-800-829-4477 (automated refund information 24 hours a day, 7 days a week). Wait at least 72 hours after the IRS acknowledges receipt of your e-filed return, or 3 to 4 weeks after mailing a paper return. If you filed Form 5405, 8379, or 8839 with your return, wait 14 weeks (11 weeks if you filed electronically). Have your 2010 tax return available so you can provide your social security number, your filing status, and the exact whole dollar amount of your refund. If you check the status of your refund and are not given the date it will be issued, please wait until the next week before checking back.
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Other refund information. To check the status of a prior-year refund or amended return refund, call 1-800-829-1040.


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Products. You can walk in to many post offices, libraries, and IRS offices to pick up certain forms, instructions, and publications. Some IRS offices, libraries, grocery stores, copy centers, city and county government offices, credit unions, and office supply stores have a collection of products available to print from a CD or photocopy from reproducible proofs. Also, some IRS offices and libraries have the Internal Revenue Code, regulations, Internal Revenue Bulletins, and Cumulative Bulletins available for research purposes.
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Services. You can walk in to your local Taxpayer Assistance Center every business day for personal, face-to-face tax help. An employee can explain IRS letters, request adjustments to your tax account, or help you set up a payment plan. If you need to resolve a tax problem, have questions about how the tax law applies to your individual tax return, or you are more comfortable talking with someone in person, visit your local Taxpayer Assistance Center where you can spread out your records and talk with an IRS representative face-to-face. No appointment is necessary—just walk in. If you prefer, you can call your local Center and leave a message requesting an appointment to resolve a tax account issue. A representative will call you back within 2 business days to schedule an in-person appointment at your convenience. If you have an ongoing, complex tax account problem or a special need, such as a disability, an appointment can be requested. All other issues will be handled without an appointment. To find the number of your local office, go to
www.irs.gov/localcontacts or look in the phone book under United States Government, Internal Revenue Service.

Internal Revenue Service
1201 N. Mitsubishi Motorway
Bloomington, IL 61705-6613

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Current-year forms, instructions, and publications.
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Prior-year forms, instructions, and publications.
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Tax Map: an electronic research tool and finding aid.
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Tax law frequently asked questions.
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Tax Topics from the IRS telephone response system.
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Internal Revenue Code—Title 26 of the U.S. Code.
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Fill-in, print, and save features for most tax forms.
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Internal Revenue Bulletins.
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Toll-free and email technical support.
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Two releases during the year.
– The first release will ship the beginning of January 2011.
– The final release will ship the beginning of March 2011.

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