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Santa Maria California Form 8840: What You Should Know
In other words, you can choose not to be a resident alien for U.S. income tax purposes. What is the close connection exception for aliens and why it affects the foreign earned income exclusion The closer connection exception allows a taxpayer to claim a foreign earned income, foreign housing exclusion and foreign housing deduction on a tax return even if he or she had no U.S. presence at or within the six-month period prior to the tax filing. An example of the close connection exception is when a married couple resides together in the same home in the U.S. for a period of 6 months after they file joint tax returns. The closer relationship means that the taxpayer has a close connection to the foreign country and meets an established physical presence. The closer relationship must be established using the U.S. tax system; the taxpayer cannot use the foreign tax law or a foreign tax identification number (e.g., F-5) for establishing an established physical presence. Who is eligible of the closer connection exception If any tax year after 2009, you meet either of the four requirements listed above to be a close relationship to a foreign country, you need to complete form 8840-TN. Why are you filing form 8840? You want to claim the closer connection exception to the substantial presence test to include: You own a home in the U.S. and live at that home for half of the non-working time of the year and half the time that the home is being used You use that home as a place of business, including for services or sales that are not related to your actual economic business operations You claim both the U.S. and foreign housing exclusion and the foreign housing deduction for your entire tax year You have a home in a foreign country that you have no use for and that is owned only by you, You pay income tax on the income you earned in the foreign country while residing there You reside in a foreign country for purposes of the foreign housing exclusion or for the purposes of the foreign housing deduction You are an employee, officer, director, or managing employee of any firm, partnership, or corporation that has both an interest in and ownership of a home that you share with a person or individuals who are U.S. residents You are a spouse or domestic partner of a U.S.
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