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Form 8840 Texas: What You Should Know

Any income that is reported to be taxable in a foreign country and in which the taxpayer maintains a substantial presence through the use of the following means is generally taxable in that foreign country. However, there are certain exceptions to the general rule. Under these exceptions, if the taxpayer has made a substantial contribution to the domestic productive capacity of a foreign country, that income has been “substantially engaged in a particular trade or business(s) in that country” (or in a closely related trade or business). The definition of “substantially engaged in a particular trade or business” is broader than that of “substantially residing” to include both a general presence in the country and other activities which may constitute substantial business activity (such as activities carried on by an officer, director or affiliate of the taxpayer in connection with the foreign subsidiary of the taxpayer).

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