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Anaheim California online Form 8840: What You Should Know

The following guidelines allow taxpayers to request to file Form 8840 to claim the closer proximity rule exception without penalty if they are outside the United States: It isn't always necessary to claim the closer proximity exception if the taxpayer doesn't have the foreign financial account(s) that have significant U.S. sources of income. The taxpayer can still claim the closer proximity exclusion (in the case of a foreign financial account(s) that are significant U.S. sources) by filing Form 4868.  If the taxpayer already filed Form 4868, you can file Form 8840 even if the taxpayer hasn't filed Form 4868, and also pay no reporting or filing penalty. The taxpayer no longer has to file Form 4868, so, if the taxpayer claims the closer proximity exception and does not want to file Form 4868, she cannot do so on Form 8840 as well. If a taxpayer is outside the United States, no penalty applies to filing Form 8840. However, the taxpayer must still pay the annual 3.8% self-employment tax on all earned income. A taxpayer is considered to be foreign financial account owners if the taxpayer has a financial account in a foreign financial account, a branch or agency is based outside the United States, and in the case of a nonbank corporation, the U.S. parent company is a foreign financial account owner. All persons who are required to file a tax return, including individuals, partnerships and S corporations, must file Form 1040NR. Individuals must attach Schedule B (with Schedule SE), line 1, and the statement under the heading “Foreign Accounts and Section 880(b)(3) Payments.” Persons having earnings subject to tax under section 881 (generally, individuals with a “qualified domestic trust” (DDT)) or Schedule C (generally, individuals, partnerships and S corporations in which the individual partner is a U.S. citizen or resident) are not subject to the self-employment tax. If the person has only “minimally passive” income which is unrelated to a trade or business, or earnings from a qualified retirement plan, and does not have any income or gain from a trade or business carried on for profit, the person does not have a financial account owned by a U.S. person. Therefore, he will not be subject to the additional 10% self-employment tax. However, if the individual has income (income from a DDT, or otherwise) which is subject to the U.S.

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