Hello,
I lived in the US for 2023, but my income came from an employer in Spain. I will be filling form 1116 to take the tax credit for the taxes paid in Spain.
I need to fill form 8802 to certify US tax residency when filling taxes in Spain. However the form 8802 instruction states that if you are planning fill form 1116: "evidence must be submitted to the I.R.S. to demonstrate that the applicant is a resident of the U.S. and the foreign taxes paid were not imposed because the applicant was a resident of the foreign country".
How do I demonstrate that "foreign taxes paid were not imposed because the applicant was a resident of the foreign country"?
I will be filling a non-resident tax income in Spain, which will lower the taxes I pay. But to fill that I need the letter of US tax residency. But to get the letter it seems I need to demonstrate somehow that the taxes I paid are not because I am a Spanish tax resident. It feels like a catch-22.
Thanks
