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Form 8840 Corpus Christi Texas: What You Should Know

If your foreign status is established solely because of where you lived for certain periods of time, such as a five-year period as an individual, then the foreign person is generally not eligible to claim an income tax treaty reduction of the foreign tax on the income they report. You can think of this as an income tax “tax holiday” or “tax exemption,” where the country exempts the foreign tax on a certain amount of income to certain individual taxpayers. In some jurisdictions, they also qualify for an income tax treaty reduction if they qualify as an exempt foreign financial institution for a certain type of income. This is called the “Qualifying Exemption.” For more information on the Qualifying Exemption, see the Publication 1320, Exemptions from U.S. Income Tax, and the related Tax Topic 404, Qualifications for Tax Exemptions. The Foreign Earned Income Exclusion or Foreign Tax Credit is another way foreign status can be established on U.S. income tax withholding returns and tax forms. This income exclusion is also used to determine whether a foreign dependent has an exclusion for the purpose of claiming the “closer connection” foreign income tax exception. The foreign dependent can establish the close relationship by meeting these requirements: (i) the foreign dependent was, on at least a part of the year for at least 12 months, an employee of the U.S. person or a member of his or her household, including an employee of the foreign person, in the United States, or a U.S. resident (within the meaning of section 911 of the Code); and (ii) on or after the close of the year, the foreign dependent has not, directly or indirectly, received from the foreign person a substantially equal amount of money or other property. The foreign dependent can also establish the relationship by proving that during the period of 12 months, the foreign dependent worked on at least a part of the year at an office of a U.S. person. However, there is no requirement that a tax return or tax return information provide information with respect to such work, or that the filing or verification procedures use the work of such a person to confirm an income tax treaty relationship between the United States and a foreign country. For questions about the Closer Connection Exception Statement for aliens and related exceptions, you should consult your tax advisor. Form 8840: Foreign Earned Income Exclusion or Foreign Tax Credit Form 8840 (Form 8840-EZ or Form 8840-NR).

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