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Ethan Wilson

Qualifying for the Closer Connection Exception - how difficult is it to prove to the IRS?

I've been traveling back and forth to the United States a lot over the past couple years, and I'm getting concerned about the substantial presence test potentially applying to me. I'm planning to stay under 183 days in the US this year, and I'm thinking about using the closer connection to a foreign country exception. I'm wondering how difficult this exception is to actually prove? Has anyone had experience with getting this approved? How willing is the IRS to grant this exception? I have strong ties to my home country - family there, own a house, have my main bank accounts, etc. Most of my life is centered there even though I travel to the US frequently for work. Do you think I have a decent case for the closer connection exception?

The closer connection exception isn't particularly difficult to prove IF you genuinely have stronger ties to your home country than to the US. The IRS looks at several factors to determine your "closer connection" status. Key things they consider: where your permanent home is located, where your family lives, where your personal belongings are kept, where you conduct your banking, where you're registered to vote, where you have a driver's license, and where you maintain social/community ties. The more of these connections you have to your home country, the stronger your case. You'll need to file Form 8840 (Closer Connection Exception Statement) by the tax return due date to claim this exception. It asks detailed questions about your connections to both countries, and based on what you've shared, it sounds like you have a good case with family, home, and other ties to your home country.

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Thank you for this! I wasn't sure how closely they scrutinize these forms. Does having a US bank account or US credit cards hurt my case? I set those up just for convenience when traveling.

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Having a US bank account or credit cards for travel convenience doesn't typically hurt your case. The IRS understands that travelers need access to funds while in the US. What matters more is where you do the majority of your banking and financial activities. If your main accounts, investments, and financial life are centered in your home country, you should be fine. The IRS is looking at the totality of your situation rather than any single factor. They want to see where your life is genuinely centered. Just be thorough and honest when filling out Form 8840, and document your ties to your home country clearly.

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I was in a similar situation last year and found an amazing service that helped me navigate this exact issue! After struggling with the closer connection exception documentation, I discovered https://taxr.ai which analyzes your specific travel patterns and ties to both countries to determine if you qualify. Their system assessed my situation and actually found several "connection factors" I hadn't even considered that strengthened my case significantly. What was most helpful was that they reviewed my draft Form 8840 and flagged areas where I wasn't providing strong enough evidence. They even helped me organize documentation to support my case in case of any future questions from the IRS. Definitely worth checking out if you're trying to claim the closer connection exception.

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How exactly does this work? Do they just give general advice or do they actually help with the specific application? I'm in a similar situation but travel between Canada and the US.

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I'm skeptical about this. Couldn't you just follow the instructions on the IRS website? What does this service actually do that you can't figure out yourself?

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They do a detailed analysis of your specific situation - not just general advice. They'll look at your travel patterns and all the connection factors between both countries, then give you personalized guidance on how to document your case properly. It's particularly helpful for complex situations where you have connections to both countries but need to clearly establish which one is stronger. For skeptics, sure you can try to figure it out yourself, but the risk of making a mistake can be significant. The service basically provides peace of mind by having tax experts review your specific situation and giving you confirmation that you're on solid ground with your closer connection claim. They can spot issues you might miss when trying to DIY your international tax situation.

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I actually tried taxr.ai after seeing it mentioned here and I'm really glad I did. I was super skeptical at first (as you can see from my earlier comment), but they identified several issues with how I was planning to document my closer connection to my home country in Mexico. They pointed out that I needed better documentation for my community ties and suggested specific types of evidence that would strengthen my case. I was incorrectly focusing too much on financial ties and not enough on personal/social connections, which apparently are weighted heavily by the IRS when evaluating these claims. The analysis they provided made me feel much more confident about filing Form 8840. Definitely worth it for the peace of mind alone.

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For those struggling to get answers directly from the IRS about closer connection exceptions (like I was), I finally got through to an actual IRS international tax specialist using https://claimyr.com - they got me connected in about 15 minutes when I had been trying for WEEKS on my own. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent I spoke with confirmed that they're mainly looking for evidence that your life is genuinely centered in your home country. They said they don't usually challenge closer connection claims unless something seems obviously contradictory or suspicious (like claiming closer connection while owning no property in your "home" country but having a house in the US). Being able to actually talk to someone at the IRS who deals with these international tax issues made a huge difference in understanding what they're looking for.

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How does this actually work? I've been calling the IRS international line for days and just get disconnected. Is this legitimate?

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Mei Liu

This sounds like a scam. There's no way to jump the IRS phone queue. They probably just keep calling themselves and then connect you when they happen to get through. Waste of money.

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It works by using their system that continuously redials until it gets through to an IRS agent, then it calls you and connects you. Basically saves you from having to keep redialing yourself for hours. When I used it, I got a text when they were about to connect me, and then suddenly I was talking to an actual IRS person. Regarding the skepticism, I understand the concern, but it's not a scam. They don't claim to have special access - they're just automating the painful process of constantly redialing. I was desperate after trying for weeks to get through on my own, and this actually worked. The info I got from the international tax specialist was legitimate and helpful for my closer connection documentation.

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Mei Liu

I've completely changed my view on Claimyr after trying it myself. I was the skeptic in the thread above! After another week of failing to reach anyone at the IRS international taxpayer line, I broke down and tried it. Got connected to an international tax specialist in about 20 minutes. The agent walked me through exactly what they look for when reviewing closer connection claims. She said they mainly look for inconsistencies - like if you claim your permanent home is in your home country but spend 10 months in the US, or if you claim closer connections to your home country but have all your financial accounts and investments in the US. Was really helpful to hear directly from someone who reviews these forms rather than just guessing what they want.

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One thing to consider with the closer connection exception - make sure you're calculating your days correctly for the substantial presence test! I messed this up initially. Remember it's: - All days present in current year - 1/3 of days present in prior year - 1/6 of days present in 2nd prior year I thought I was under the threshold but had miscounted my days from previous years. Double check your calculations!

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Wait this is confusing me. So if I was in the US for 120 days this year, 90 days last year, and 60 days the year before, how do I calculate this? Is it 120 + (90/3) + (60/6)?

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Yes, you've got it right! For your example it would be: 120 + (90/3) + (60/6) = 120 + 30 + 10 = 160 days. Since that's less than 183, you wouldn't meet the substantial presence test based on those numbers. But remember, if you're in the US at least 31 days in the current year AND you hit or exceed 183 days with this calculation, then you meet the substantial presence test and would be considered a US resident for tax purposes unless you qualify for exceptions like the closer connection.

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Honestly, the closer connection exception saved me a ton of headache. I'm from Australia and was working on a project in the US that kept getting extended. Filed Form 8840 last year and had no issues. One tip - document EVERYTHING. I kept copies of foreign utility bills, property tax statements, club memberships, and even church donations back home. Never needed to provide them, but having that documentation ready gave me peace of mind.

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Did you use any particular tax software to file the 8840? I'm trying to figure out if I can just submit it on its own or if I need to file it with a tax return.

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