W7 TN Status

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jgoveasJunior Member
Topic author
Posts: 23
Joined: 27 Feb 2009

W7 TN Status

Post Thu Mar 12, 2009 7:22 pm

Hi All,

I am filling out a W7 as I am the dependant of a TN Status holder. On the form, it asks type of US visa if any and expiration date. Since the TN is technically not a visa but a status do I leave this field blank? I've just read on other forums that people have had bad experiences with govt employees not understanding how to enter the info. So the less confusing info I give them the better. If they don't understand that the TN is a status and not a visa this might confuse them. On the other hand I don't want to not put in the TN docs if that's what they want. Anyone have any advice or ideas of where I can get help? Thanks!
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StevenCanuckAbroad VIP
Posts: 3637
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: W7 TN Status

Post Fri Mar 13, 2009 7:51 am

For the purposes of that form (and a lot of other non-USCIS forms) a "US visa holder" includes any person in a non-immigrant classification. There was an entry in the Federal Register a few years back where they basically said that's what it means, because certain agencies that publish forms haven't got a clue how the immigration system works.

Always thought it's a bit of a stupid form, they put all these controls on issuing ITINs a few years ago to stop illegal immigrants from using them, so you have to file it with your tax return - however if you check box "a" to claim a tax treaty benefit (and it's easy to make one up, say you have to file a W-8BEN with the bank so they don't do non-resident withholding on your interest) they issue the ITIN without you sending in a tax return, so what's the point? Anyone can open a bank account. It's only a problem if the country you're from doesn't have a tax treaty with the US.
Steve.
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jgoveasJunior Member
Topic author
Posts: 23
Joined: 27 Feb 2009

Re: W7 TN Status

Post Fri Mar 13, 2009 3:21 pm

Hi Steven,

Well, I'm submitting it with our tax return so i guess the reason would be clear (spouse of a US resident alien). However, I guess I may be over thinking this, but from your reply it seems I would put the TD number on there and hope the person handling the form knows what that means? I guess a little sticky explaining it wouldn't hurt.

Thanks!
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StevenCanuckAbroad VIP
Posts: 3637
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: W7 TN Status

Post Sun Mar 15, 2009 4:31 pm

Says notarized copy of your passport on the form.
Steve.
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StevenCanuckAbroad VIP
Posts: 3637
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: W7 TN Status

Post Mon Mar 16, 2009 10:45 am

Like I said, it's a poorly worded form, they're looking for your SIN there, it's for anti-fraud purposes.

Try doing what I do and complain under the Paperwork Reduction Act when you get a crappy form. I've been complaining about the non-resident tax forms for years. They tell me they're going to re-word the W-4 for 2010 so it makes sense to non-residents, so I've achieved that much!
Steve.
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