8840 / 8833 Forms

adeboloj · Post by **adeboloj** » Sat Mar 25, 2017 3:18 pm

I would like to know when I should file any of these forms.
If I do not meet the presence test i.e. 31 days in the U.S or 183 days in one calendar year, 2016 for example OR neither am a Green card holder of U.S. Do I need to file any of these forms.
If No, when do someone need to complete 8833 or 8840.

Thank you

nelsona · Post by **nelsona** » Sat Mar 25, 2017 3:27 pm

Why would you need these forms. You are a non-resident. What treaty claim would you be making?
Don't complicate things for nothing.

As to when you might need these, I suggest you do research rather than asking such open ended questions.

adeboloj · Post by **adeboloj** » Sat Mar 25, 2017 3:39 pm

Thank you for your response, then I would assume that these forms are to be filed ONLY when I meet the presence test - in the U.S more than 183 days and i still claim a closer connection to a country that has treaty agreement with United States.

Thanks

nelsona · Post by **nelsona** » Sun Mar 26, 2017 8:27 pm

That would not be correct. 8840 cannot be used if you are in US more than 183 days.

skoper · Post by **skoper** » Wed Apr 26, 2017 12:03 am

[quote="adeboloj"]Thank you for your response, then I would assume that these forms are to be filed ONLY when I meet the presence test - in the U.S more than 183 days and i still claim a closer connection to a country that has treaty agreement with United States.

Thanks[/quote]

File 8840 if for example you meet SBT of a year in which you were in the US less than 183 days.