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8802 instructions Form: What You Should Know
Complete IRS form 8802 as soon as the Form 6166 forms are received in our office. If you are a nonresident alien who lived in the United States for one half year or more as a qualified alien with your foreign spouse the proof of U.S. residence is required on your Tax Return. For individuals residing in the U.S. and foreign spouses filing U.S. income tax returns, it is a requirement to obtain a foreign income tax treaty, tax treaty paper and an IRS Form 8871 in order to claim foreign tax credit. The United States does not have a tax treaty with the United Kingdom and has no tax treaty with most of the other countries. The only countries that have such a treaty are the Bahamas, Canada, Australia, Bermuda, Bermuda, Guam, Honduras, Jamaica, Japan, Mexico, New Zealand, Republic of Korea, Solomon Islands, Thailand and the United Kingdom. The only countries in which the IRS requires proof of U.S. residency for U.S. tax purposes are the Philippines, Canada, the Bahamas, Australia, the Dominican Republic, and Puerto Rico. IRS Form 8802-How to fill it right — Wonder share This form is useful for the following situations: A non-resident alien who lived in the United States for one half year, or more; or A nonresident alien who lived outside the United States for 90 to 180 days in a two-year period and who has filed a U.S. income tax return for such period. If you are a citizen, resident alien, or eligible nonresident alien resident of the United States who was outside the United States for 90 to 180 days during a two-year period for the purpose of visiting the U.S. as or on behalf of a bona fide U.S. business, organization, or individual, or if you were a nonresident alien or citizen alien who resides or conducts an activity in the U.S. as the owner, principal or manager, or has an existing ownership interest in a U.S. business, organization, or individual during the period for which you were outside the United States, you must have proof of your U.S. residency. Your proof is not acceptable if the proof has been withheld or has not yet been filed or if (1) the proof was not produced when requested, (2) you do not have the documents required by the treaty or U.S.
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