2007 Form 8840 - Closer Connection Exception

You may file Form 8840 to establish a closer connection to a foreign country and maintain your nonresident alien status, if the following conditions apply to you:

Conditions for a Closer Connection to a Foreign Country

Even if you meet the substantial presence test, you can still be treated as a nonresident alien if you:

• Are present in the United States for less than 183 days during the year
• Maintain a tax home in a foreign country during the year
• Have a closer connection during the year to one foreign country in which you have a tax home than to the United States (unless you have a closer connection to two foreign countries, discussed next). For determining whether you have a closer connection to a foreign country, your tax home must also be in existence for the entire current year, and must be located in the same foreign country for which you are claiming to have a closer connection

Closer Connection to Two Foreign Countries

You can demonstrate that you have a closer connection to two foreign countries (but not more than two) if you meet all of the following conditions:

• You maintained a tax home beginning on the first day of the year in one foreign country
• You changed your tax home during the year to a second foreign country
• You continued to maintain your tax home in the second foreign country for the rest of the year
• You had a closer connection to each foreign country than to the United States for the period during which you maintained a tax home in that foreign country
• You are subject to tax as a resident under the tax laws of either foreign country for the entire year or subject to tax as a resident in both foreign countries for the period during which you maintained a tax home in each foreign country

Establishing A Closer Connection

You will be considered to have a closer connection to a foreign country than the United States if you or the IRS establishes that you have maintained more significant contacts with the foreign country than with the United States . In determining whether you have maintained more significant contacts with the foreign country than with the United States , the facts and circumstances to be considered include, but are not limited to, the following:

• The country of residence you designate on forms and documents
• The types of official forms and documents you file, such as Form W-9, W-8BEN or W-8ECI
• The location of:
• Your permanent home
• Your family
• Your personal belongings, such as cars, furniture, clothing, and jewelry
• Your current social, political, cultural, or religious affiliations
• Your business activities (other than those that constitute your tax home)
• The jurisdiction in which you hold a driver's license
• The jurisdiction in which you vote

Note: It does not matter whether your permanent home is a house, an apartment, or a furnished room. It also does not matter whether you rent or own it. It is important, however, that your home be available at all times, continuously, and not solely for short stays.

When You Cannot Claim Closer Connection to a Foreign Country

You cannot claim you have a closer connection to a foreign country if either of the following applies:

• You personally applied, or took other steps during the year, to change your status to that of a Lawful Permanent Resident
• You had an application pending for adjustment of status to Lawful Permanent Resident during the current year

Indications of Intent to Change Your Status

If you have filed any of the following forms, this is an indication that your intent is to become a Lawful Permanent Resident of the United States , and is an indication that you are not eligible for the Closer Connection Exception.

• Form I-508, Waiver of Rights, Privileges, Exemptions and Immunities
• Form I-485, Application to Register Permanent Residence or Adjust Status
• Form I-130, Petition for Alien Relative
• Form I-140, Immigrant Petition for Alien Worker
• Form ETA-750, Application for Alien Employment Certification
• Form OF-230, Application for Immigrant Visa and Alien Registration

How to Claim the Closer Connection Exception

You must file Form 8840, Closer Connection Exception Statement for Aliens, to claim the Closer Connection Exception. If you do not have to file a U.S. federal income tax return, send Form 8840 for 2007 to the Internal Revenue Service Center, Austin, TX 73301-0215, U.S.A. by the due date for filing an income tax return.

Requirement to File Form 8840

If you do not timely file Form 8840, you cannot claim a closer connection to a foreign country or countries. This does not apply if you can show by clear and convincing evidence that you took reasonable actions to become aware of the filing requirements and significant steps to comply with those requirements.