How can I get Form 6166 (Tax Residency Certification) as a first-year US resident who's never filed?

This is actually a common issue for new residents! The IRS has a process for this situation, though it's not well advertised. Since you haven't filed a US tax return before, you'll need to focus on the third option: proving you weren't required to file previously. For your Form 8802 application, include a signed statement explaining your situation - that you recently received work authorization and will be filing your first US tax return for the current year. You should also include documentation of your new resident status - copies of your work authorization and green card approval notice. While filing Form 1040-ES (estimated tax payment) isn't explicitly required, doing so can strengthen your application by showing your intention to comply with US tax obligations. The key is to clearly document your timeline of becoming a US tax resident. The IRS needs to verify you're eligible for treaty benefits under the specific tax treaties with Spain and Switzerland.

I went through something similar last year and found that taxr.ai was incredibly helpful for my situation. I was new to the US tax system and needed to get Form 6166 for some overseas investments I had. I uploaded my immigration documents and a draft of my explanation letter to https://taxr.ai and their system analyzed everything and helped me fine-tune my application. They identified exactly what additional documentation I needed to include with my 8802 form based on my specific immigration status. They even helped me understand which tax year I should apply for certification since my status changed mid-year. The guidance was super specific to my situation as a new resident who hadn't filed before. Saved me from what would have been a rejected application!

I tried taxr.ai after seeing it mentioned here and it was exactly what I needed! I was in the same boat - new green card, clients in France requesting Form 6166, and total confusion about how to prove tax residency without prior returns. Their system immediately identified that I needed to focus on proving my "tax home" was now in the US. They helped me compile the right documentation (lease agreement, utility bills, employment contract) to supplement my 8802 application. They also pointed out that I needed to be specific about which tax treaty provisions I was claiming benefits under. I just received my Form 6166 last week, and my French client has already processed payments without withholding. Would've been completely lost without this guidance!

When I first moved to the US last year, I spent WEEKS trying to get help from the IRS about this exact form. Called over and over but could never get through to an actual person who could help. Super frustrating. Then I found https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c. It's this service that basically waits on hold with the IRS for you and then calls you when they get a human on the line. I was skeptical but desperate. I used it and got through to an IRS agent who specialized in international tax issues. They confirmed exactly what documentation I needed as a new resident applying for Form 6166. The agent even noted in my file that I was a first-time filer so my 8802 application would be processed correctly. Saved me so much hassle!

I have to admit I was completely wrong about Claimyr! After posting my skeptical comment, I decided to try it anyway because I was desperate to talk to someone at the IRS about my Form 6166 situation. Not only did it work, but I got through to an IRS international tax specialist in about 45 minutes (after previously trying for DAYS on my own). The agent confirmed that as a new resident I could apply for Form 6166 using my immigration documents and a detailed letter explaining my situation. She even gave me a direct fax number for the department that handles 8802 applications and told me to write "NEW RESIDENT - NO PRIOR RETURNS" in red at the top of my application. My Form 6166 was approved in 3 weeks! Honestly shocked at how well this worked.

Another option nobody mentioned is asking your foreign clients if they'll accept alternative documentation. My German client initially asked for Form 6166, but when I explained the delay as a new resident, they agreed to accept my green card copy + a letter from my accountant confirming my US tax residency status. Different countries have different requirements though. Some are strict about needing the official 6166 form, while others just need reasonable proof of US residency. Worth asking if you need something quickly while waiting for the official form!

Quick tip: when filing your Form 8802, make sure to check Part II, box (f) "Other" and write in "New permanent resident - first year of US tax residency" and attach a detailed explanation letter. Also be aware that processing times for Form 8802 can be 45-60 days, and that's AFTER they determine your application is complete. If they request additional info, the clock starts over. Plan accordingly!

I went through this exact situation 6 months ago! As a new green card holder, I was terrified I'd be stuck in limbo forever. Here's what worked for me: I filed Form 8802 with a comprehensive explanation letter that included: - My immigration timeline (when I received work authorization, when green card was approved) - Statement that I had no US tax filing obligation prior to becoming a resident - Copy of my green card and work authorization - Lease agreement showing US address establishment - Employment contract showing US income source The key was being extremely detailed about WHY I hadn't filed before - not because I was avoiding taxes, but because I literally wasn't required to as a non-resident. I also included a Form 1040-ES payment voucher showing I'd made an estimated tax payment for the current year. While not required, it demonstrated good faith effort to comply with US tax obligations. My Form 6166 was approved in about 50 days. The IRS agent I spoke with (through Claimyr - that service really does work!) confirmed that new residents get this certification all the time, but you need to be very clear about your timeline and status change. Don't stress too much - this is more common than you think!

I'm dealing with this exact situation right now! Just became a permanent resident last month and my clients in the UK are asking for Form 6166. Reading through all these responses has been incredibly helpful - especially knowing that the IRS does have a process for new residents who haven't filed before. One thing I'm curious about that hasn't been mentioned: does anyone know if the type of visa you had before getting your green card affects the application? I was on an H-1B for two years before getting my permanent residency, so I technically had US-source income but filed as a non-resident. I'm wondering if I need to explain that transition in my letter or if it complicates things. Also, has anyone tried applying for multiple tax years at once? My clients need certification for both 2024 and 2025, and I'm not sure if I should submit separate Form 8802s or if there's a way to request both years together. Thanks to everyone who shared their experiences - this thread is a goldmine for people in our situation!

This thread has been incredibly helpful! I'm in a similar situation - just received my green card two weeks ago and already having clients in Canada and the UK ask for Form 6166. One thing I wanted to add that might help others: I called the IRS International Tax Services office directly (got through using Claimyr after reading about it here) and the agent mentioned that for new residents, they often see applications get delayed because people don't include enough detail about their immigration timeline. She specifically recommended including copies of: - I-94 arrival records showing when you first entered with work authorization - Any previous visa approval notices (like H-1B, L-1, etc.) - The actual green card or approval notice with the "resident since" date The agent said this documentation helps them verify exactly when you became a US tax resident, which is crucial for determining treaty eligibility. She also mentioned that if you've been in the US for part of the year on a different status, make sure to calculate and explain your "substantial presence test" days to show when you crossed the threshold. Planning to submit my Form 8802 next week with a detailed timeline and all supporting docs. Fingers crossed for a smooth process!