Check out some similar questions!

swissguy · Mar 16, 2011, 12:39 PM

I have a question. I have been coming to the US for a while as a tourist under the Visa-waiver-program. Never worked in the US and never will, so no US-income. In 2010 I do fulfill the substaintial pressence test, but less than 183 days. But as a tourist do I have to bother about it? Is the 8840 the one form to fill out? I want to do the right thing and want to be compliant but don't want to run into unnecessary trouble either. Can you help me? Thank you so much

taxesforaliens · Mar 16, 2011, 05:29 PM

How do you fulfill the SPT if you are on a visa waiver?
The maximum you an be on the tourist visa is 90 days, so you should never meet the SPT

swissguy · Mar 16, 2011, 06:57 PM

Thank you for your comment. Well I fulfill it when I have multiple stays that add up. So each individual trip is of course less to 90 days. So those are my days spent in the US.

2010: 179
2009: 102
2008: 80

I can show closer connection to my country of course, so then I guess form 8840 and not filing a return. But do I need to even do that? What do you think? Thank you so much for your participation and help, I appreciate it!

taxesforaliens · Mar 17, 2011, 08:05 AM

You should file a form 8840.

swissguy · Mar 17, 2011, 10:50 AM

Thank you very much for your answer. I have downloaded the form and it says "Attach to Form 1040NR or Form 1040NR-EZ". Since I have not US-income I doubt I have to fill out that form. So my question is can the form 8840 form stand by itself? Thanks a lot!

taxesforaliens · Mar 17, 2011, 01:31 PM

It says in the instructions:
(page 3 of form 8840)
If you do not have to file a 2010 tax return, mail Form 8840 to the Department of the Treasury, Internal Revenue Service Center, Austin, TX 73301-0215 by the due date (including extensions) for filing Form 1040NR or Form 1040NR-EZ. The due date this year is April 18th.

swissguy · Mar 17, 2011, 01:57 PM

Thank you again! I will do just that. Sometimes it is difficult to fully understand english, so I appreciate all your help!

swissguy · Mar 23, 2011, 05:24 PM

I was a J1-student from August of 2007 until May of 2008. In the form 8840 I did not include those days for 2008 since I was an exempt individual until May 2008(I came back as a tourist for the 80 days that I have included in the form). Does that mean I would have to file a 8843 for the year 2008, I guess its late but I never knew I had to file something back then. If I had to fill out that form for 2008 they ask how many days I was in the US in 2007. Now would I leave the days out I was exempted again from August on? Or do I have to file a form for 2007 as well? Sorry for me its just getting more complicated, and I would appreciate your help again. Thank you so much

taxesforaliens · Mar 24, 2011, 07:02 AM

Yes, you should file form 8843 for 2007 and 2008.