A green card holder filig tax return using 1040NR with 8833 attached

Feb 21, 2008 2 Replies

An IRS web page says that a dual resident taxpayer can file tax return using 1040NR with 8833. See:

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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
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I wonder if I can still file tax return using 1040NR with 8833 as the IRS web page says..


See:

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The Green Card implies that you are a lawful permanent resident of the United States. As such, the 1040NR isn't available to you.

See:

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Generally, if you have a green card, that means you have US resident status and must file your tax return as a resident. However, you should look into the US/Japan tax treaty (which I am NOT expert in) to see if there are any exceptions enumerated in it.

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-----> real address on hobokeni or hobokenx

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