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Form 8843 Illinois: What You Should Know

IRS Form 8843 FAQs Can an international student use Form 8843 to document her or his stay outside U.S.? Yes, if you meet the IRS requirements for the form. Is IRS approval required to amend or claim tax deductions for certain days of presence overseas? Yes. The IRS provides that the Form 8843 is not for tax planning purposes. Rather, it is to document employment of the individual, tax paid, and tax paid on a date in the future. My tax preparer told me that the Form 8843 is only for nonresidents in the U.S. Can my business use it because I have a local IRS agent there? No. The Form 8843 is available only for persons who have a foreign station, and who are outside the U.S. Can I claim any tax deductions based on Form 8843 because of my employment with the entity or my tax-related travel? No. The Form 8843 (and any statement with respect to such employment or travel) represents a statement that the individual is a tax-exempt foreign national and is filing a return with the IRS. It does not represent the existence of a relationship between the foreign national or the person and the organization (e.g., employee-employer relationship). The relationship between the foreign national (including tax liability and tax payments) and the organization is not a condition precedent to the filing of a Form 8843. What do I need to fill out the Form 8843? The form will be printed off and must be kept for five years. What happens to the forms after five years? The Form 8843 must be forwarded to the Taxpayer Advocate Service to request the audit report and the letter. The person who filed the Form 8843 will be notified of the audit and will be given the opportunity to respond. What if I do not receive the letters to respond to the Form 8843? If the person who filed the Form 8843 files a return within five years after the last day of employment with the organization, the Form 8843 should be processed. Note that the Form 8843 may be mailed later. Any return filed after five years will not be processed. Who determines which days of presence outside the U.S. are not considered a substantial presence? The IRS decides with respect to which days the employer is not considered a tax filer for purposes of IRC 882 or 883.

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