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--Form 8840, Closer Connection Exception Statement, should accompany 1040NRs submitted by non-immigrants who qualify as tax residents, but wish to remain nonresidents. --Form 8843, Statement for Exempt Individuals verifies F, J, and M visa holders exemption from tax resident status.
Use Form 8840 to claim the closer connection to a foreign country(ies) exception to the substantial presence test. The exception is described later and in Regulations section 301.7701(b)-2. Note: You are not eligible for the closer connection exception if any of the following apply.
When Should You File Form 8840? Form 8840 should be filed by June 15th of the following year and it should be filed on an annual basis.
Canadians should pro-actively complete and file a new 8840 form each year with the U.S. Internal Revenue Service. This is a positive acknowledgment that you are entering the U.S. each year as a temporary visitor for pleasure and are complying with U.S. tax laws.
You can demonstrate that you have a closer connection to a foreign country if you: 1) Are present in the United States for less than 183 days during the calendar year; 2) Maintain a tax home in a foreign country during the calendar year; and 3) Have a closer connection to the foreign country in which you have the tax
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Form 8840: When a foreign person resides in the U.S., they are not automatically subject to U.S. tax on worldwide income or IRS foreign asset reporting requirements. Once a person becomes a U.S. Citizen or Legal Permanent Resident, they are subject to tax on worldwide income and asset reporting.
Where do I send my 8840? If you do not have to file a 2022 tax return, mail Form 8840 to the Department of the Treasury, Internal Revenue Service Center, Austin, TX 73301-0215 by the due date (including extensions) for filing Form 1040-NR.

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