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Posted by HudRiv on February 21, 2008, 6:15 pm
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An IRS web page says that a dual resident taxpayer can file tax return
using 1040NR with 8833.
See:
http://www.irs.gov/businesses/small/international/article/0,,id=96383,00.html
I wonder if this is true for me, a green card holder living in my own
country, Japan, which has a tax treaty with U.S. I am a Japanese
national. The US-Japan tax treaty, I understand, also has a "saving
clause". In general, I understand that the saving clause prevents most
of the dual resident taxpayers from using treaty benefits. See Treaty
Benefits for Resident Aliens in
http://www.thetaxguy.com/treaties.htm
I wonder if I can still file tax return using 1040NR with 8833 as the
IRS web page says.
(I am reposting this message by deleting the old one since the IRS web
page did not show correctly. I have to say thank you for those who
already gave me answers which were probably deleted too.)
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Posted by removeps-groups@yahoo.com on February 21, 2008, 9:00 pm
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> An IRS web page says that a dual resident taxpayer can file tax return
> using 1040NR with 8833.
That page says to look at the treaty to see if it overrides the usual
way of definining a US resident. The treaty is at:
http://www.irs.gov/businesses/international/article/0,,id=169530,00.html
Article 4, section 2 may allow you to be treated as a non-resident of
Japan. However, I'm no expert on this, and maybe you can use the
services of the pros at http://www.thetaxguy.com/treaties.htm.
<Quote>
2. Notwithstanding the provisions of paragraph 1, an individual who is
a United States
citizen or an alien lawfully admitted for permanent residence in the
United States under the laws
of the United States shall be regarded as a resident of the United
States only if the individual:
(a) is not a resident of Japan under paragraph 1;
(b) has a substantial presence, permanent home or habitual abode in
the United
States; and
(c) for the purposes of a convention or agreement for the avoidance of
double
taxation between Japan and a state other than the United States, is
not a resident of that
state.
</Quote>
--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>
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