Good afternoon, Ankur11. Thanks for joining us!
You asked,"Can i apply for form 8802 as a non resident as i don't pass the substantial presence test yet?
No the Form 8802 can only be used by U.S. residents, who have income or business operations in another country. The other country might want proof that you are indeed a U.S. resident to either provide tax treaty benefits or exempt you from certain taxes. If an individual is not considered a resident of the U.S. under tax law definitions, they cannot use the form 8802 to obtain Form/letter 6166 and this applies even if they have certain ties or connections to the U.S.
For more information or questions please see:
1040 NR and TurboTax
Sprint Tax and Non Resident Tax Related Issues
Hopefully this helps
Terri Lynn, EA
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Terri Lynn
