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Residency definition Form: What You Should Know
You can be a resident of the United States and your principal place of abode is in the U.S. or you can be considered a resident of the United States even though your principal place of abode is in another country. If you are a resident of both the United States and a country other than the U.S., you are considered a resident of the other country. May 14, 2024 — If you are in the United States, but you are not a U.S. citizen, you have to file Form 8802, Application for United States Residency Certification, and Instructions. If you aren't a U.S. citizen, you're considered to be a resident of another country, even though you have your primary place of abode in the USA. If you are a resident of Canada or Mexico you are considered to be a resident of the other country. U.S. citizens have no special residency status. However, — if you are married to a U.S. citizen, and your U.S. citizen husband works in a U.S. owned business in the United States, and you want to claim the business as a foreign source of income under the rules described in chapter 1 of Publication 519, U.S. Tax Guide for Aliens, you may be able to claim the business as your principal place of residence. If you work in business owned by a U.S. owned business, you are considered a resident of that business. You're also considered a resident of the U.S. for the purpose of claiming certain tax credits. If you are a dual national (U.S. and a foreign country) or a nonresident, you are considered a nonresident of the U.S. and a resident of the foreign country unless you are a resident of that foreign country and either: a) you are a U.S. citizen or lawful permanent inhabitant of the U.S., or b) you hold an L-1 or H-1B visa. If an employee working in the USA and the employee's spouse is not a U.S. citizen or lawful permanent resident of the USA, then the spouse may be considered a resident of the United States and not a nonresident for the purpose of claiming various tax credits. Also, the spouse is a U.S. person for purposes of determining the U.S. person's status with the IRS. Residency status is determined by the foreign country and not necessarily by the United States.
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