leapfrog said:I have been filing Form 8840 for years, but not separate ones for my husband and I. I hope this is proper. Leapfrog
could be your right and could be your misinturpeting this form. I personally see no need to fill out this form and never have.I know many many people whom simply snowbird in the US and under the 183 day rule and no one fills out this form. If your CDN, simply holidaying and don't and never have done business in the us why would u have to fill out this form.it is just dumb. my take on it.In my 40 years of crossing I have never been asked to or if I have already filled out this formHfx_Cdn said:Nevertheless it is the Law in the US and we enter as a privilege not a right. So, I guess we all have to submit the form if we meet the criteria, and it is not as simple as 183 days in any given year. It is a compilation of certain percentages for each of the last 3 years, plus the IRS laws significantly differ in interpretation from tourist entry laws.
Plus as I said in another string, and Stu said here, there is now free flow of information from both Canada & the US.
So, like it or not, we all have to start thinking about submitting the form once we exceed around 4 months in the US.
Ed
.If a person owned a house + property and lived in it down there for 6 months and has a US bank account etc etcHfx_Cdn said:As Stu said, do what you will, but one last word, the USA is one of 2 countries in the world that considers income earned anywhere in the world as taxable. While there are treaties that say you will not be required to pay double taxes, there are several differences between our tax systems, such things as TFSA, RESP and similar instruments are not tax exempt in the US, so could be claimed by the IRS, plus it could cost you thousands to prove you do not owe them taxes.
The bottom line is, do what you want, but be forewarned, you are not dealing with border services, it is the IRS.
Ed
Ned said:If you are required to file the form and fail to do so, you will eventually find yourself in a prolonged discussion at a border crossing, and it won't be a friendly conservation.
Found this and explains it pretty clear;Gary RV Roamer said:My only comment on this will be that odds are good that the lack of this required form will never be noticed, but IF it ever does get noticed, you definitely do NOT want to go head-to-head with the US Internal Revenue Service. Terms like "reasonable reason" are not in their vocabulary, and the have the power to confiscate your possessions until you can prove they have no cause. And failure to fill out a form they feel is required is considered due cause.
I said it voluntary, its not mandatory. they also say that if u don't file one you "MAY" be subjected to further questions regarding your residence etcAlfa38User said:Yes It is very Clear!!!
Did you try it with your numbers? If so, did you exceed the magic number (183) -The "Substantial Presence Test"?? Did you need to file??
Did you learn anything from our discussion???, I hope so 8)
Good luck.