Questions about completing Form 8802 for my Japanese income source
I have a small business (sole-proprietor) that gets all its income from a client in Japan. They withhold 10.21% of my payments for Japanese taxes. I'm trying to figure out this Form 8802 situation to get a U.S. residency certification so I can possibly reduce that withholding under the tax treaty. Has anyone gone through this process before? Do I need to file Form 8802 annually or is it a one-time thing? Also wondering how long it typically takes to get the certification after submitting the form. The Japanese company told me I need to get something called a "Certificate of U.S. Residency" but I'm totally lost on the process. I've been doing this work for about 3 years now, and I'm getting tired of losing that chunk of money every payment. Any advice would be super helpful!
22 comments


Kaylee Cook
I've helped several independent contractors with Form 8802, so I can walk you through this. Form 8802 is an application for a "Certificate of U.S. Residency" (Form 6166), which is what your Japanese client needs to reduce withholding under the U.S.-Japan tax treaty. You need to file Form 8802 annually because the certificate is only valid for a specific tax year. The processing time is usually 4-6 weeks, but it can take longer during busy periods. The certificate lets you access reduced withholding rates (typically 0-5% instead of 10.21%) under the treaty. Make sure you check box 7a on Form 8802 and specify "Japan" as the country. There's a user fee (currently $85 for individuals) that must be paid for each application. You'll also need to indicate which tax year you need the certification for.
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Oliver Alexander
•Do you have to wait until you file your taxes for that year before applying for Form 8802? Or can you apply for it at the beginning of the tax year?
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Kaylee Cook
•You can actually apply for Form 8802 before filing your tax return for that year. The IRS allows you to request Form 6166 for the current year and up to three prior years in a single application. For example, right now you could apply for 2024 even though you haven't filed that tax return yet. Just be aware that the IRS will verify your U.S. tax compliance for the most recently filed year, so you need to have been compliant with all filing requirements.
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Lara Woods
I struggled with Japanese withholding on my consulting income for years until I discovered taxr.ai. They analyzed my Form 8802 application and all the supporting documents I needed for my Certificate of U.S. Residency. I was making critical mistakes on my form that would have caused delays. Their system checks for consistency between the information on your Form 8802 and your previous tax returns, which is super important because the IRS will reject your application if there are discrepancies. Check them out at https://taxr.ai - they have tax experts who understand international treaties and can help make sure you're applying the U.S.-Japan tax treaty correctly.
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Adrian Hughes
•Does taxr.ai actually complete the Form 8802 for you or just review what you've filled out? And do they help with figuring out which income types qualify for reduced withholding under the treaty?
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Molly Chambers
•I'm skeptical about these online services. Has anyone actually gotten their withholding reduced successfully using this? The U.S.-Japan tax treaty is complicated with different rates for different types of income.
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Lara Woods
•They don't complete the form for you, but they do review what you've filled out and identify errors before you submit it to the IRS. Their analysis includes checking if you've selected the right tax year, indicated the correct country (Japan), and properly referenced your business entity type. They definitely help determine which income types qualify for reduced withholding under the treaty. I was confused about whether my work counted as "business profits" or "independent personal services" under the treaty, which have different withholding requirements. Their experts clarified that for me and made sure I had the right documentation to support my claim.
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Molly Chambers
Just wanted to follow up about my experience with taxr.ai since I was skeptical initially. I decided to try them for my Form 8802 application for my Japanese clients, and I'm honestly impressed. They caught that I had incorrectly classified my income type which would have resulted in the wrong treaty article being applied. They also explained that I needed to include a statement about my business activities in Japan to properly qualify for the business profits exemption under Article 7 rather than the higher withholding rate. My 8802 was approved in just under 4 weeks and my Japanese client reduced my withholding from 10.21% to 0%. Definitely worth checking out if you're dealing with Japanese sourced income.
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Ian Armstrong
After struggling to get my Form 8802 processed for months, I tried calling the IRS for help but kept getting stuck in endless holding patterns or disconnected. I was ready to give up until someone recommended Claimyr to me. Their service basically holds your place in the IRS phone queue and calls you when an agent is about to pick up. I used https://claimyr.com to connect with the IRS's international tax department, and they have a video showing how it works: https://youtu.be/_kiP6q8DX5c. Got through to an actual IRS international tax specialist who helped me track down my Form 8802 application that had been sitting in processing for over 2 months. They expedited it once I explained my situation with the Japanese withholding.
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Eli Butler
•How exactly does Claimyr work? I've been trying to call the IRS about my 8802 for weeks. Do they actually get you to a real person or just another automated system?
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Marcus Patterson
•Yeah right. Sounds too good to be true. I've tried everything to get through to the IRS about international tax issues. No way something like this actually works when the IRS barely answers their own phones.
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Ian Armstrong
•Claimyr connects to the IRS phone system and navigates through all the menus and waiting periods for you. When an actual IRS agent is about to pick up, Claimyr calls you and connects you directly to that person. So you're talking to a real IRS employee, not another automated system. The reason it works is they've figured out how to wait in the queue for you so you don't have to sit there listening to hold music for hours. When I used it for my Form 8802 question, I got connected to someone in the international department who actually knew about the form and certificate process with Japan.
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Marcus Patterson
I need to eat my words about Claimyr. After posting that skeptical comment, I decided to try it anyway out of desperation. My 8802 had been pending for over 3 months with no updates. I used the service yesterday, and they called me back in about 45 minutes (way better than the 3+ hours I'd waited before). Got connected to someone in the international tax department who found my application was missing a signature on one page (which is why it was stuck). She let me fax the signed page directly to her, and she's expediting my application. Said I should have my Form 6166 certificate within 2 weeks. Honestly shocked at how well this worked after months of frustration.
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Lydia Bailey
Something important nobody's mentioned - make sure you apply for Form 8802 at least 2-3 months before you need the actual Certificate of Residency (Form 6166). If you're trying to stop Japanese withholding for payments coming soon, you need to plan ahead! Also, if you're a sole proprietor, check both boxes 3a AND 3b on the form to indicate you're both an individual and conducting business. I got my application rejected the first time because I only checked 3a.
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Mateo Warren
•Do you know if we need to submit a new 8802 every year even if we're working with the same Japanese client? Or can we just renew the certificate somehow?
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Lydia Bailey
•Unfortunately, you do need to submit a new Form 8802 every year. There's no renewal process - each Certificate of U.S. Residency (Form 6166) is tied to a specific tax year, so you need to apply annually. I've been working with the same Japanese clients for four years now, and I submit a new application each January for that calendar year. I pay the $85 fee each time. It's annoying but worth it to avoid the higher withholding rate.
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Sofia Price
Has anyone had issues with the Japanese company still withholding at the higher rate even after providing the Form 6166 certificate? My client in Tokyo says they need additional forms beyond just the US residency certificate.
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Alice Coleman
•Yes! You also need to complete a Japanese tax form called "Application Form for Income Tax Convention" which is sometimes called Form 3. You submit this WITH your Form 6166 to the Japanese tax office. Your Japanese client should have this form or know where to get it.
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Owen Jenkins
Quick tip - if your Japanese clients are in different cities, you might need multiple copies of Form 6166 since each local tax office in Japan may require an original. On Form 8802, you can request multiple copies for the same fee (in box 8). I usually request 5 copies to be safe!
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Miguel Castro
This is such helpful information! I'm in a similar situation with a Japanese client and have been putting off dealing with the Form 8802 because it seemed so complicated. Reading through everyone's experiences makes it feel much more manageable. One question I have - when you submit Form 8802, do you need to include copies of your previous tax returns or other supporting documents? Or is just the completed form sufficient? I want to make sure I have everything ready before I submit so I don't get delayed like some of you experienced. Also, for those who successfully got their withholding reduced, did your Japanese clients require any advance notice before they could implement the lower rate? I'm wondering if I should give my client a heads up that this certificate is coming.
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Ellie Simpson
•Great questions! For Form 8802, you typically don't need to include copies of tax returns with your initial submission - just the completed form and the $85 fee. However, the IRS may request additional documentation during processing if they need to verify your tax compliance status. Regarding advance notice to your Japanese client - yes, definitely give them a heads up! Most Japanese companies need 1-2 months advance notice to process the paperwork on their end and coordinate with their local tax office. They'll also need time to prepare that Japanese "Application Form for Income Tax Convention" that Alice mentioned. I'd recommend reaching out to your client as soon as you submit your Form 8802 to let them know the certificate is coming and ask what their internal process looks like for implementing the reduced withholding rate.
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Abby Marshall
I went through this exact process last year and wanted to add a few practical tips that really helped me. First, when you're filling out Form 8802, make sure to be very specific in Section 6 about your business activities with Japan. Don't just write "consulting" - describe exactly what services you provide because the IRS needs to determine which treaty article applies to your income. Also, keep detailed records of all your Japanese withholding statements (the documents showing the 10.21% withheld). You'll need these for your U.S. tax return to claim foreign tax credits, and having them organized makes the whole process smoother. One thing that surprised me was that my Japanese client's accounting department needed about 6 weeks to update their systems once I provided the Form 6166 certificate. They had to coordinate with their local tax office and update their payroll system. So even after you get your certificate, there might be a delay before you see the reduced withholding in your payments. Just plan for that timing when you're budgeting your cash flow. The whole process was definitely worth it though - going from 10.21% to 0% withholding made a huge difference in my monthly income!
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