IRS Tax Form 8843

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    Form

    8843

    Department of the TreasuryInternal Revenue Service

    Statement for Exempt Individuals and IndividualsWith a Medical Condition

    For the year January 1December 31, 2007, or other tax yearbeginning , 2007, and ending , 20 .

    OMB No. 1545-0074

    Your first name and initial

    Address in country of residence

    Your U.S. taxpayer identification number, if any

    General Information 1a

    2 3a

    13

    5

    6

    Type of U.S. visa (for example, F, J, M, Q, etc.) and date you entered the United States

    Of what country were you a citizen during the tax year? What country issued you a passport? Enter your passport number

    During 2007, did you apply for, or take other affirmative steps to apply for, lawful permanent residentstatus in the United States or have an application pending to change your status to that of a lawfulpermanent resident of the United States?

    7

    8

    9

    10

    11

    12

    Enter the name, address, and telephone number of the director of the academic or other specialized program you participatedin during 2007

    Enter the type of U.S. visa (J or Q) you held during:

    Were you present in the United States as a teacher, trainee, or student for any part of 2 of the 6 priorcalendar years (2001 through 2006)?

    If you checked the Yes box on line 8, you cannot exclude days of presence as a teacher or traineeunless you meet the Exception explained on page 3.

    Enter the name, address, and telephone number of the academic institution you attended during 2007

    No

    Yes

    Cat. No. 17227H

    Form 8843 (2007)

    Part III

    Part I

    Part II

    Teachers and Trainees

    No

    Yes

    Students

    Enter the name, address, and telephone number of the director of the academic or other specialized program you participatedin during 2007

    Were you present in the United States as a teacher, trainee, or student for any part of more than 5 calendaryears?

    If you checked the Yes box on line 12, you must provide sufficient facts on an attached statement toestablish that you do not intend to reside permanently in the United States.

    Enter the name, address, and telephone number of the academic institution you attended during 2007

    No

    Yes

    If you checked the Yes box on line 13, explain

    14

    For use by alien individuals only. Attachment

    Sequence No. 102

    2003

    2004

    2005

    2006

    2001

    2002

    For Paperwork Reduction Act Notice, see page 4.

    Last name

    Address in the United States Fill in your

    addresses only if

    you are filing thisform by itself andnot with your taxreturn

    b

    Current nonimmigrant status and date of change (see instructions)

    b 4a

    b

    Enter the actual number of days you were present in the United States during: Enter the number of days in 2007 you claim you can exclude for purposes of the substantial presence test

    2007

    2006

    2005

    . If the type of visa you held during any of these years changed, attach a statement showing the new visa type and the date it was acquired.

    Enter the type of U.S. visa (F, J, M, or Q) you held during: 2003

    2004

    2005

    2006

    2001

    2002

    . If the type of visa you held during any of these years changed, attach a statement showing the new visa type and the date it was acquired.

    20 07

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    Form 8843 (2007)

    Page 2

    Individuals With a Medical Condition or Medical Problem

    b

    c

    18

    Describe the medical condition or medical problem that prevented you from leaving the United States

    Enter the date you intended to leave the United States prior to the onset of the medical condition or medical problem describedon line 17a

    Enter the date you actually left the United States

    Physicians Statement: I certify that Name of taxpayer

    was unable to leave the United States on the date shown on line 17b because of the medical condition or medical problemdescribed on line 17a and there was no indication that his or her condition or problem was preexisting.

    Name of physician or other medical official

    Physicians or other medical officials address and telephone number

    Professional Athletes 15

    16

    Enter the name of the charitable sports event(s) in the United States in which you competed during 2007 and the dates ofcompetition

    Enter the name(s) and employer identification number(s) of the charitable organization(s) that benefited from the sportsevent(s)

    Note. You must attach a statement to verify that all of the net proceeds of the sports event(s) were contributed to the charitableorganization(s) listed on line 16. Part V

    Part IV

    Sign hereonly if youare filingthis form byitself andnot with

    your taxreturn

    Under penalties of perjury, I declare that I have examined this form and the accompanying attachments, and to the best of my knowledge andbelief, they are true, correct, and complete.

    Your signature

    Date

    17a

    Physicians or other medical officials signature

    Date

    Form 8843 (2007)

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    Form 8843 (2007)

    Page 3

    General Instructions Section references are to the InternalRevenue Code unless otherwisespecified.

    Who Must File If you are an alien individual, you must fileForm 8843 to explain the basis of yourclaim that you can exclude days ofpresence in the United States forpurposes of the substantial presence testbecause you: Were an exempt individual (other than aforeign government-related individual) or

    Substantial Presence Test You are considered a U.S. resident if youmeet the substantial presence test for2007. You meet this test if you werephysically present in the United States forat least: 31 days during 2007 and

    Days of presence in the United States.Generally, you are treated as beingpresent in the United States on any daythat you are physically present in thecountry at any time during the day.However, you do not count the followingdays of presence in the United States forpurposes of the substantial presence test. 1. Days you regularly commuted towork in the United States from aresidence in Canada or Mexico. 2. Days you were in the United Statesfor less than 24 hours when you weretraveling between two places outside theUnited States.

    4. Days you were unable to leave theUnited States because of a medicalcondition or medical problem that arosewhile you were in the United States.

    5. Days you were an exemptindividual. Exempt Individuals For purposes of the substantial presencetest, an exempt individual includesanyone in the following categories. A teacher or trainee (defined on thispage). A student (defined on this page).

    A professional athlete temporarilypresent in the United States to competein a charitable sports event.

    Part IITeachers andTrainees

    If you were a teacher or trainee undera J or Q visa, you are considered tohave substantially complied with the visarequirements if you have not engaged inactivities that are prohibited by U.S.immigration laws and could result in the

    loss of your J or Q visa status. Even if you meet these requirements,you cannot exclude days of presence in2007 as a teacher or trainee if you wereexempt as a teacher, trainee, or studentfor any part of 2 of the 6 prior calendaryears. But see the Exception below.

    Were unable to leave the United Statesbecause of a medical condition ormedical problem.

    183 days during the period 2007, 2006,and 2005, counting all the days ofphysical presence in 2007 but only 1/3the number of days of presence in 2006and only 1/6 the number of days in 2005.

    2. A foreign employer paid all yourcompensation during 2007.

    3. You were present in the UnitedStates as a teacher or trainee in any ofthe 6 prior years. 4. A foreign employer paid all of yourcompensation during each of those prior6 years you were present in the UnitedStates as a teacher or trainee. For more details, see Pub. 519, U.S.

    Tax Guide for Aliens.

    Note. To claim the closer connection to aforeign country(ies) exception to thesubstantial presence test described inRegulations section 301.7701(b)-2, youmust file Form 8840, Closer ConnectionException Statement for Aliens.

    An individual temporarily present inthe United States as a foreigngovernment-related individual.

    1. You were exempt as a teacher,trainee, or student for any part of 3 (orfewer) of the 6 prior calendar years.

    Alien individuals with Q visas aretreated as students, teachers, or traineesand, as such, are exempt individuals forpurposes of the substantial presence testif they otherwise qualify. Q visas areissued to aliens participating in certain

    international cultural exchange programs.

    A teacher or trainee is an individual whois temporarily present in the United Statesunder a J or Q visa (other than as astudent) and who substantially complieswith the requirements of the visa.

    Note. You can download forms andpublications from the IRS website atwww.irs.gov .

    If you qualify to exclude days of

    presence as a student, complete Parts Iand III of Form 8843. If you have a Qvisa, complete Part I and only lines 10through 14 of Part III. On line 10, enterthe name, address, and telephonenumber of the director of the culturalexchange program in which youparticipated.

    Part IIIStudents

    If you were a student under an F,J, M, or Q visa, you are consideredto have substantially complied with thevisa requirements if you have notengaged in activities that are prohibitedby U.S. immigration laws and couldresult in the loss of your visa status.

    1. Whether you have maintained acloser connection to a foreign countrythan to the United States (for details,see Pub. 519) and 2. Whether you have taken affirmativesteps to change your status fromnonimmigrant to lawful permanentresident.

    If you meet this exception, you mustattach information to verify that a foreignemployer paid all the compensation youreceived in 2007 and all prior years thatyou were present in the United States asa teacher or trainee.

    Even if you meet these requirements,you cannot exclude days of presence in2007 as a student if you were exempt asa teacher, trainee, or student for anypart of more than 5 calendar yearsunless you establish that you do notintend to reside permanently in theUnited States. The facts and

    circumstances to be considered indetermining if you have demonstrated anintent to reside permanently in theUnited States include, but are not limitedto:

    A student is an individual who istemporarily present in the United Statesunder an F, J, M, or Q visa andwho substantially complies with therequirements of the visa.

    3. Days you were temporarily in theUnited States as a regular crew member ofa foreign vessel engaged in transportationbetween the United States and a foreigncountry or a possession of the UnitedStates unless you otherwise engaged intrade or business on such a day.

    If you qualify to exclude days ofpresence as a teacher or trainee,complete Parts I and II of Form 8843. Ifyou have a Q visa, complete Part I andonly lines 6 through 8 of Part II. On line6, enter the name, address, andtelephone number of the director of the

    cultural exchange program in which youparticipated. Exception. If you were exempt as ateacher, trainee, or student for any part of2 of the 6 prior calendar years, you canexclude days of presence in 2007 as ateacher or trainee only if all four of thefollowing apply.

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