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Toledo Ohio Form 8840: What You Should Know

S. Tax return is to “avoid a U.S. tax imposed by U.S. tax laws on U.S. tax-resident persons” on income earned outside the U.S. It can save the employer the expense of preparing the U.S. tax return. It is also used on Form 8949 which was issued when a non-resident alien has taxable income from sources not recognized in the U.S.. The Form 8840 includes four parts: the statement to show a closer connection; the statement to show how foreign income is treated in the U.S.; a statement showing whether an exception to the foreign earned profits requirement of Sec. 957 applies; and a statement to show to an IRS examiners that there is a close connection between the foreign income earned outside the U.S. and the U.S. source income of the U.S. tax-resident persons. In addition, the Form 8840 contains three separate sections under the heading of U.S. source income, which apply only to U.S. tax-resident taxpayers (that is, U.S. taxpayers with respect to whom the income tax is imposed and not a corporation, trust or partnership). The U.S. source part of the Form 8840 is the document that must accompany the tax return filed by the foreign earned income. The purpose is to provide a close connection to the U.S. in order to have the foreign earned income not be assessed a tax as ordinary income (but rather as capital gain). There is a discussion of the foreign earned income tax consequences in Chapter 12. The U.S. source of income section is divided into two parts: the first section states the general rule about how foreign income is treated in the U.S.; the second section provides the specific foreign earned income rule. An example of the first section would be: An U.S. resident alien has U.S. source income. All of its income is not derived from sources within the U.S. (that is, it cannot be derived from income earned within the U.S. by U.S. residents, or income received from an S corporation). All the source income, if any, from sources outside the U.S. is reported (on Form 940) on Schedule E (Form 940). This income is taxed at the lower (highest) U.S.

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