8840 Question

Technicalglitch · Post by **Technicalglitch** » Fri Jul 29, 2011 4:30 pm

A question about the 8840 form. I've just realized that the time spent in the USA in 2009 (107 days, so 1/3 is 36 days) plus time spent in 2010 (165 days) puts me over the 183 day total. Should I be filling out the 8840 form for the 2010 tax year, even though the deadline (whatever it is) is likely past? I'm in Canada at the moment. Would they come after me in the future for the 2010 tax year if I don't do the form?

I'm hoping to be in the US again this fall, and would have to keep it to 44 days or less to be under 183 days over the 3 years for the 2011 tax year... what do the border guys think of this form, do they ask about it, do they get suspicious that we are spending too much time in the US if we need to do that form? I am very careful to follow every rule the US has (although missed that one, didn't know about it), but they were very suspicious of me the last time I crossed for an extended trip. (Nice, middle class, middle aged female, no criminal record). If they frown on needing to do this form, I can do a shorter visit this fall to stay under the 183 days.

I'm more afraid of the border guys than the IRS, as they are so powerful and seemingly so arbitrary.

nelsona · Post by **nelsona** » Fri Jul 29, 2011 5:21 pm

the border doesn't care about your taxes. they track your days in US on their own. Their suspicion is that you do not have sufficient ties in canada, and are a threat to try and work in US.

if you met SPT for 2010 year, but did not stay 183 days in 2010, you can and should file 8840 for 2010. Without this form IRS consirs you a tax resident, requiring a full tax return.

nelsona · Post by **nelsona** » Fri Jul 29, 2011 5:23 pm

Since by your other thread that you are marrying, as you know you need special permission to enter US when you marry a US citizen, This is proabaly ALSO contributing to your border problems.

Expect denial soon.

nelsona · Post by **nelsona** » Fri Jul 29, 2011 5:25 pm

Once you marry your spouse will likely want to put you on his tax return in any case, so filing 8840 for 2011 for example, to not report taxes in US, willbe moot, since you WILL be reporting taxes. if you get a GC you have no choice. and ig your spouse is living in US, you have no choice but to get a GC, or you won't be allowed into US.

You rewally need to get your visa situation in order.

Technicalglitch · Post by **Technicalglitch** » Fri Jul 29, 2011 10:27 pm

Yes, we're working on the visa situation. If I didn't file the 8840, what would be the consequences down the road? Would the IRS find out somehow that I had gone over the 183 for 2010? Are there any risks in filing it, such as they then know I exist, decide they don't agree that I have a closer connection to Canada and come after me for money?

nelsona · Post by **nelsona** » Sat Jul 30, 2011 7:18 am

You should file it for 2010. It will not be denied.