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Form W-8 for Syracuse New York: What You Should Know

The Tax Court has reversed a ruling from 2023 by which the Tax Court had ordered U.S. Citizens residing abroad to report U.S. income earned and/or taxed under IRC Section 1021 as if it were income earned and/or taxed in the United States. It is our understanding that the Tax Court held that the IRS is authorized to determine whether an individual is a resident alien from which U.S. tax rules and/or tax obligations are enforced.  ] [Note. The Tax Court has reversed a ruling from 2023 by which the Tax Court had ordered the IRS to inform the IRS on Form W-8BEN of the beneficiary's citizenship status. The Tax Court has not reversed a ruling in 2023 by which the Tax Court had ordered the IRS to give U.S. citizens living abroad information regarding their U.S. tax treatment. It is our understanding that the IRS is authorized to determine whether an individual is a resident alien and/or to take action against that individual for violation of the Internal Revenue Code. However, a United States citizen must file U.S. tax return information annually and has an obligation to respond to any questions by a tax preparer or income tax official. If the Tax Court had not reversed the 2023 ruling, it is my understanding that if U.S. Citizens living abroad are not filing a U.S. tax return and are not sending receipts to the IRS, the IRS should withhold taxes and/or make penalties or interest from the U.S. citizen's refund.] The IRS issued Form W-8BEN to beneficial owners living abroad whose foreign residency has been effectively terminated and who have declared, or intend to continue to declare, their U.S. tax residence. The Form W-8BEN provides a means for the beneficial owner or owners of the foreign source income to report and report U.S. tax on certain specified gross income for the year on Form 1040. A Form W-8BEN cannot be used to establish a tax residence solely by reason of a U.S. physical presence in a foreign nation. No foreign source income earned prior to the effective date of revocation will be reported on Form W-8BEN; instead, information is reported on a Form W-8P, Information Report, for such income. The following individuals are required to file a U.S. tax return; all other persons are not required to file a U.S.

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