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Wallstreet Esq.
Wallstreet Esq., Tax Attorney
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Experience:  10 years experience
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Regarding IRS Form 6166: I have a client who needed a 6166

Customer Question

Regarding IRS Form 6166: I have a client who needed a 6166 form filed to be able to receive money from an employer in a foreign country (France). Is it required to file your tax return for the current year to obtain the 6166? I understand 8802 needs to be filed first before getting a 6166. But will they give you the 6166 for 2016 without your 2015 1040 being filed?
Submitted: 3 months ago.
Category: Tax
Expert:  Lane replied 3 months ago.



No, although it does require additional informaation in the "penalty of perjury statement" box of the 8802


see this from IRS here:


"When the prior year return has not been filed and isn’t yet required, the penalty of perjury statement must address the applicant’s residency status in the prior year, i.e. Taxpayer Name, (TIN) was a U.S. resident for 2008 and will continue to be throughout the current tax year.”

NOTE: This statement is required of all taxpayers in this situation. In some instances, the taxpayer will not have been a resident for the prior year and therefore will only attest to residency status in the current year."