Form 8840
Posted date : Sep 19, 2022.
I’ve just become aware of the form 8840. Do I need to complete the form if I don’t meet the substantial presence test for time in the U.S.? Also, can I add all three of my children to our U.S. property deed to avoid probate taxes when my husband and I die?
Jodi Dewar
Ontario
Ed.: Completing and submitting the form 8840 is never going to hurt you. You are declaring a closer connection to Canada to avoid paying U.S. tax on your worldwide annual income. If you don’t meet the substantial presence test, you don’t NEED to file it, but it doesn’t hurt. It is also a good idea to make a copy and keep it in your border-crossing file folder with other proof-of-residency documents to help you cross the border into the United States. You can add one or all of your children to your deed, but you will require legal assistance in order to do it properly.
