TD F 90-22.1 and US Person

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yabahala
Posts: 10
Joined: Fri Oct 14, 2005 7:33 pm

TD F 90-22.1 and US Person

Post by yabahala »

I have a question about whether or not we are required to file the form TD F 90-22.1 with the department of treasury. Apparently, this form is required for "US person" defined as US citizen or US resident ? And I am a little confused on what "US resident" means in this context. Does this mean green card holders / US permanent residents.

I am Canadian citizen (so is my wife) and we are living and working in US, we are considered as "US residents" for tax purposes only, but we are not permanent residents and we are working and studying here on H1B visa and on a F1 visa. Any thoughts, on whether this form is required from us ? I never filled this form before and we’ve been paying US taxes for 6 years now.

My wife does have a Canadian account with more than $10,000 in it.

Regards
nelsona
Posts: 18675
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

You are a US person. the fact that you pay US tax on your world in come (by filing a 1040) is a good clue.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
yabahala
Posts: 10
Joined: Fri Oct 14, 2005 7:33 pm

Post by yabahala »

What are my options, giving that I never filed this form. How can attempt to fix this problem ? Can I file it this year, or do I have to ammend my returns from the past years ?
nelsona
Posts: 18675
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

Apply this year. There is no remedy for missing past years. Filing This year will be in your favour.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
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