British Expats

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-   -   Form 8840 Closer connection exception statement (https://britishexpats.com/forum/canada-56/form-8840-closer-connection-exception-statement-822271/)

badab1ng Jan 19th 2014 5:17 pm

Form 8840 Closer connection exception statement
 
Have been advised to fill one of these in as we are spending longer stays in the USA.
Anyone know the following:

1. Where it asks for Address in the US, is that the address of the last property we rented when in the US ?

2. Wife is Canadian citizen/passport holder, what type of visa will she have entered on ?

Many thanks for the help.

Siouxie Jan 19th 2014 5:22 pm

Re: Form 8840 Closer connection exception statement
 

Originally Posted by badab1ng (Post 11086811)
Have been advised to fill one of these in as we are spending longer stays in the USA.
Anyone know the following:

1. Where it asks for Address in the US, is that the address of the last property we rented when in the US ?

2. Wife is Canadian citizen/passport holder, what type of visa will she have entered on ?

Many thanks for the help.

I would suggest you post this in the US forum as they are more likely to be familiar with it.

http://britishexpats.com/forum/forumdisplay.php?f=57

:)

Steve_ Jan 20th 2014 4:00 am

Re: Form 8840 Closer connection exception statement
 
Don't bother with the address section or signing section of Form 8840, what you should do is complete a 1040NR-EZ and if you have no US-source income you write "PROTECTIVE" across the top, and you put your Canadian address and details on the top of that form.

You sign and date the 1040NR, answer question 1 and the questions regarding your residency on Schedule OI and then complete 8840. The rest of the 1040NR is blank. Note simple interest from a US bank account is not reportable, and attaching any 1042-S you get from the bank is not required (but you can if you want).

Theoretically you can file 8840 on its own but it's best to file a 1040NR with it, the reason being that if you file a tax return the IRS can only go back three years to audit you.

As far as your wife goes, if she was a visitor for pleasure, she entered as B-2.

Note this is a "catch you out" question as putting down anything other than B-2 or VWT means you have to file other paperwork, i.e. IRS Form 2063 (there is an exemption for visitors for pleasure who stay less than six months). If you actually have a tax liability you have to complete Form 1040-C prior to leaving.

More information is contained in IRS publication 513 (which appears to have been discontinued) and IRS publication 519 (which is a more heavy duty version). The CRA republishes 513 as publication 151: http://www.cra-arc.gc.ca/E/pub/tg/p151/README.html

This is all a pain but it does have one very important advantage other than the obvious (exempting you from US tax residency) - you have proof you can show CBP that you are non-resident.

Steve_ Jan 20th 2014 4:01 am

Re: Form 8840 Closer connection exception statement
 

Originally Posted by Siouxie (Post 11086817)
I would suggest you post this in the US forum as they are more likely to be familiar with it.

I doubt it, Canadians are the ones who are most likely to need to do this.

Siouxie Jan 20th 2014 4:20 am

Re: Form 8840 Closer connection exception statement
 

Originally Posted by Steve_ (Post 11087583)
I doubt it, Canadians are the ones who are most likely to need to do this.

Thank you and apologies - I knew it was an US IRS form which is why I made the suggestion - I stand corrected, lol.

;)

badab1ng Apr 25th 2014 12:35 pm

Re: Form 8840 Closer connection exception statement
 
Should I expect some receipt or acknowledgement from IRS ? I sent this away in January and not heard anything since.

Steve_ Apr 28th 2014 1:00 pm

Re: Form 8840 Closer connection exception statement
 
Not unless you owe them tax. You can phone them and ask if they got it.


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