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Form 8802 Instructions: How to Get a U.S. Tax Residency Certificate

A U.S. Tax Residency Certificate (Form 6166) is issued by the IRS to confirm your U.S. tax residency for tax treaty purposes. This certificate is often required to claim reduced withholding rates on foreign income or to comply with international tax reporting requirements.

To obtain this certificate, you must complete and submit IRS Form 8802 along with the applicable user fee.

Below are step-by-step instructions for completing and filing IRS Form 8802.

Download as PDF Start Form 8802 Application

If you have not yet completed your application, you can prepare Form 8802 online before printing or e-faxing your materials.

Requests for 2027 Form 6166 certifications may be submitted beginning December 1, 2026. Requests postmarked before December 1 cannot be processed and will be returned. For current filing-window details, see when can you file form 8802.

The IRS recommends submitting Form 8802 at least 45 days before the date Form 6166 is needed. This is an advance-filing recommendation, not a guaranteed 45-day processing time. The IRS states that it will contact the applicant after 30 days if there will be a delay in processing. Learn more about Form 6166 processing times.

For questions regarding an application the IRS may be reached at (267) 941-1000 (not a toll-free number) by selecting the "U.S. residency" option at the voice menu.

1 Print All Application Materials

Print all materials from your Form 8802 application or email confirmation. Before proceeding, confirm you have all Form 8802 documents ready. See Form 8802 Online for more information.

  • REQUIRED Form 8802 (for applicant)
  • REQUIRED Penalty of Perjury statement(s) (for applicant and for each partner/shareholder/beneficiary, if applicable)
  • OPTIONAL Form 8821 and/or Form 2848 (for each representative authorized to receive application information)

2 Sign and Date All Application Materials

As of October 17, 2023 the IRS accepts electronic signatures (e-Signatures) for Form 8802 only. Attaching an electronically signed Form 8821 or Form 2848 to a mailed or faxed Form 8802 package is not permitted.

Form 8802

One (1) Form 8802 must be signed by the Applicant or Applicant-authorized representative ("Applicant Signatory") and, if applicable, the Applicant's Spouse. To determine who has authority to sign Form 8802 on behalf of the applicant, refer to form instructions on Page 15, Table 3 at IRS Form 8802 instructions (PDF).

Penalty of Perjury (POP) Statement

One (1) Penalty of Perjury (POP) Statement must be signed by the same Applicant Signatory who signed Form 8802. If married filing jointly, an individual Applicant's Spouse must also sign. For entity applicants, each Shareholder, Partner, Owner, Beneficiary, parent company Representative must sign a POP statement. Any individual assigned to receive or disclose tax information must sign a POP statement.

Form 8821 (if applicable)

If an additional individual is authorized to receive or disclose tax information, one (1) Form 8821 must be signed by each Shareholder, Partner, Owner, Beneficiary, or parent company Representative receiving or authorizing that disclosure.

Form 2848 (if applicable)

If the appointed individual is further authorized to represent the applicant before the IRS: one (1) Form 2848 must be signed by both the applicant and by the applicant-appointed representative.

3 Provide Method of Payment (User Fee)

The required IRS user fee must be paid before Form 8802 can be processed. The user fee may be paid by check or money order with the application, or electronically through Pay.gov. Visit our FAQ for more details on IRS user fees. See Form 8802 filing fees for details.

Individual Applicant
$85.00
per each Form 8802
Non-Individual Applicant
$185.00
partnership, trust, S-Corp, etc.

These user fees apply regardless of the number of countries for which certification is requested or the number of tax years to which the certification applies.

Option A: Check or Money Order

Indicate the appropriate amount in U.S. dollars and make payable to UNITED STATES TREASURY. If submitting multiple Forms 8802 the applicant may submit a single check or money order payment to cover the aggregate amount of the user fees.

Option B: Electronic Payment (E-Payment)

Electronic payment (e-payment) for the IRS application fee is available at Pay.gov. You will need to upload a copy of your Form 8802 in order to receive the electronic payment confirmation number.

Important: Pay.gov is used for the IRS user fee payment and payment validation process. After electronic payment, the Form 8802 payment confirmation number must be recorded at the top of Form 8802 before the completed application package is submitted under the applicable IRS instructions.

4 Submit Application Materials

Include the payment along with all required forms via the applicable method below:

USPS + Check/Money Order

Mail to:

Internal Revenue Service
US Residency Certification
Philadelphia, PA 19255-0625

USPS + E-Payment

Mail to:

Department of the Treasury
Internal Revenue Service
Philadelphia, PA 19255-0625

Private Delivery (FedEx/UPS/DHL)

Mail to:

Internal Revenue Service
2970 Market Street
BLN# 3-E08.123
Philadelphia, PA 19104-5016

Alternative: Submit by Fax

Up to ten (10) Form 8802 applications may be faxed to the IRS within a single transmission. IRS fax is only available with e-payment; do not mail a check separately. Each fax may include no more than 100 pages including all required attachments. A cover sheet stating the number of pages in the transmission is required.

You may also use our secure e-fax service to transmit your completed Form 8802 directly to the IRS.

U.S. Toll-Free
(877) 824-9110
International (not toll-free)
(304) 707-9792
Note: Application processing time may be expedited by sending a copy of the latest income tax return along with the application materials. Write "COPY — do not process" on the provided tax return. For a new entity that has not yet filed a return, include a copy of the entity's formation documents.

Common Mistakes When Filing Form 8802

  • Incorrect tax year
  • Missing signatures
  • Mismatched EIN/SSN
  • Missing supporting documents
  • Submitting before December 1

IRS Processing Time for Form 6166

The IRS does not guarantee a fixed processing time for Form 8802. It recommends submitting the application at least 45 days before Form 6166 is needed, but actual timing can vary. Applicants can review the current Form 8802 processing status to compare their submission timing with the general IRS processing queue. The status information does not provide an individual case status.

For details on how your information is handled, please review our Trust & Security page.

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