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Форма 8898 Інструкції

Інструкція по формуванню 8898, заява на осіб, які починають або завершують роботу над СНІДом в США

2022 р

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  • Форма 8898 - Заява для осіб Хто Бегін або End Bona Fide Residence в США
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Department of the Treasury  
Internal Revenue Service  
Instructions for Form 8898  
Statement for Individuals Who Begin or End  
Bona Fide Residence in a U.S. Possession  
(Rev. October 2022)  
Section references are to the Internal Revenue  
Code unless otherwise noted.  
c. You take the position for U.S. tax  
purposes that you became a bona fide  
resident of Puerto Rico or American  
Samoa after a tax year for which you  
were required to file an income tax  
return as a bona fide resident of the  
U.S. Virgin Islands, Guam, or the CNMI.  
reasonable cause and not willful  
neglect. This is in addition to any  
criminal penalty that may be imposed.  
Future Developments  
For the latest information about  
developments related to Form 8898 and  
its instructions, such as legislation  
enacted after they were published, go to  
Bona Fide Residence  
You are a bona fide resident of a U.S.  
possession if you:  
Do not have a tax home outside the  
When figuring whether your  
possession,  
worldwide gross income is more  
!
Do not have a closer connection to  
CAUTION  
than $75,000, do not include  
What’s New  
Line 3a. We added new line 3a for the  
taxpayer’s worldwide gross income for  
the tax year associated with the move.  
the United States or to a foreign country  
than to the possession, and  
any of your spouse's income. If both you  
and your spouse are required to file  
Form 8898, file a separate Form 8898  
for each of you.  
Meet the presence test (defined  
later).  
Special rule for members of the U.S.  
Armed Forces. If you are a member of  
the U.S. Armed Forces who qualified as  
a bona fide resident of the possession in  
an earlier tax year, your absence from  
that possession during the current tax  
year in compliance with military orders  
will not affect your status as a bona fide  
resident. Likewise, being in a  
Line 3b. We moved line 3 to line 3b.  
Worldwide gross income. Worldwide  
gross income means all income you  
received in the form of money, goods,  
property, and services, including any  
income from sources outside the United  
States (even if you may exclude part or  
all of it) and before any deductions,  
credits, or rebates.  
Example 1. You are a U.S. citizen  
who moved to the CNMI in December  
2021 but did not become a bona fide  
resident of that possession until the  
2022 tax year. You must file Form 8898  
for the 2022 tax year if your worldwide  
gross income for that year is more than  
$75,000.  
General Instructions  
Purpose of Form  
Use Form 8898 to notify the IRS that  
you became or ceased to be a bona fide  
resident of a U.S. possession in  
possession solely in compliance with  
military orders will not qualify you as a  
bona fide resident of that possession.  
accordance with section 937(c). See  
Bona Fide Residence, later. For this  
purpose, the following are considered  
U.S. possessions: American Samoa,  
Guam, the Commonwealth of the  
Northern Mariana Islands (CNMI), the  
Commonwealth of Puerto Rico, and the  
U.S. Virgin Islands.  
Special rule for civilian spouse of  
active duty member of the U.S.  
Armed Forces. If you are the civilian  
spouse of an active duty service  
member, under the Military Spouses  
Residency Relief Act (MSRRA), you can  
choose to keep your prior residence or  
domicile for tax purposes (tax  
Who Must File  
When and Where To File  
You must file Form 8898 for the tax year  
in which you meet both of the following  
conditions.  
File Form 8898 by the due date  
(including extensions) for filing Form  
1040. File the form by mailing it to the  
following address.  
residence) when accompanying the  
servicemember spouse, who is  
relocating under military orders, to a  
new military duty station in one of the 50  
states, the District of Columbia, or a  
U.S. possession. You and your spouse  
must have the same tax residence. If  
you choose to keep your prior tax  
residence after such a relocation, the  
source of income for services performed  
(for example, wages or  
(defined later) in that tax year is more  
than $75,000.  
Internal Revenue Service  
3651 S. IH 35  
2. You meet one of the following.  
MS 4301AUSC  
a. You take a position for U.S. tax  
purposes that you became a bona fide  
resident of a U.S. possession after a tax  
year for which you filed a U.S. income  
tax return as a citizen or resident of the  
United States but not as a bona fide  
resident of the possession.  
b. You are a citizen or resident of  
the United States who takes the position  
for U.S. tax purposes that you ceased to  
be a bona fide resident of a U.S.  
possession after a tax year for which  
you filed an income tax return (with the  
IRS, the possession tax authorities, or  
both) as a bona fide resident of the  
possession.  
Austin, TX 78741  
Do not file Form 8898 with your  
tax return. Do not send your tax  
!
self-employment) by you is considered  
to be (the jurisdiction of) the prior tax  
residence. As a result, the amount of  
income tax withholding (from Form(s)  
W-2, Wage and Tax Statement) that you  
are able to claim on your federal return,  
as well as the need to file a state or U.S.  
possession return, may be affected. For  
more information, see:  
CAUTION  
return to the address above.  
Penalty for Not  
Filing Form 8898  
If you are required to file Form 8898 for  
any tax year, and you fail to file it or do  
not include all the information required  
by the form or the form includes  
incorrect information, you may be  
subject to a penalty of $1,000, unless it  
is shown that such failure is due to  
Notice 2010-30, available at  
Jul 20, 2022  
Cat. No. 39789W  
     
Notice 2011-16, available at  
If you do not meet all of the above  
conditions, you do not meet the tax  
home and closer connection tests under  
this exception. Instead, you must meet  
the requirements explained later under  
Test.  
Tax Home Test  
Under the tax home test, you generally  
cannot have a tax home outside the  
possession during any part of the tax  
year. Your tax home is your regular or  
main place of business, employment, or  
post of duty regardless of where you  
maintain your family home. If you do not  
have a regular or main place of  
Notice 2012-41, available at  
You can also consult with state, local,  
or U.S. possession tax authorities  
regarding your tax obligations under  
MSRRA.  
Year of the move from the  
possession. You satisfy the tax home  
and closer connection tests for the tax  
year you moved from American Samoa,  
the CNMI, Guam, or the U.S. Virgin  
Islands if you meet all of the following.  
business because of the nature of your  
work or because you are not engaged in  
a trade or business, then your tax home  
is the place where you regularly live. If  
you do not fit either of these categories,  
you are considered an itinerant and your  
tax home is wherever you work.  
Special rules for students and gov-  
ernment officials. Disregard the  
following days when determining  
whether you have a tax home outside  
the possession.  
Exception for the  
Year of the Move  
An exception applies to the tax home  
and the closer connection tests for the  
tax year you moved to or from the  
possession. Under this exception, you  
satisfy the tax home and the closer  
connection tests for the tax year of the  
move if you meet the requirements  
explained next.  
You were a bona fide resident of the  
possession for the 3 tax years  
immediately preceding the tax year of  
the move.  
You did not have a tax home outside  
the possession or a closer connection to  
the United States or a foreign country  
than to the relevant possession during  
any part of the first 183 days of the tax  
year of the move.  
Days you were temporarily in the  
Also, a special exception applies to  
the bona fide residence test for the tax  
year you moved from Puerto Rico.  
Under this exception, you satisfy the  
bona fide residence test for the part of  
the tax year you moved from Puerto  
Rico if you meet the requirements  
discussed later under Year of the move  
from Puerto Rico. If you qualify as a  
bona fide resident of Puerto Rico for the  
part of the tax year before the date you  
moved from Puerto Rico, you ceased to  
be a bona fide resident of Puerto Rico in  
the tax year that you moved from Puerto  
Rico.  
Example 2. You are a U.S. citizen  
who moved from Puerto Rico to Florida  
in May 2022 and meet the requirements  
to qualify as a bona fide resident of  
Puerto Rico for the part of the tax year  
before the date you moved from Puerto  
Rico. You must file Form 8898 for the  
2022 tax year if your worldwide gross  
income for that year is more than  
$75,000.  
United States as a student (see  
You are not a bona fide resident of  
Student, later).  
the possession in any of the 3 tax years  
immediately following the tax year of the  
move.  
Days you were in the United States  
serving as an elected representative of  
the possession, or serving full time as  
an elected or appointed official or  
employee of the government of the  
possession (or any of its political  
subdivisions).  
If you do not meet all of the above  
conditions, you do not meet the tax  
home and closer connection tests under  
this exception. Instead, you must meet  
the requirements explained later under  
Test.  
Special rule for seafarers. You will  
not be considered to have a tax home  
outside the possession solely because  
you are employed on a ship or other  
seafaring vessel that is predominantly  
used in local and international waters.  
For this purpose, a vessel will be  
Year of the move from Puerto  
Rico. You qualify as a bona fide  
resident of Puerto Rico for the part of  
the tax year before the date you moved  
from Puerto Rico if you meet all of the  
following requirements.  
considered to be predominantly used in  
local and international waters if, during  
the tax year, the total amount of time it is  
used in international waters and in  
waters within 3 miles of the possession  
exceeds the total amount of time it is  
used in the territorial waters of the  
United States, another possession, or  
any foreign country.  
1. You are a U.S. citizen.  
2. You were a bona fide resident of  
Puerto Rico for at least 2 tax years  
immediately before the tax year of the  
move.  
3. In the year of the move, you:  
Year of the move to the possession.  
You satisfy the tax home and closer  
connection tests for the tax year you  
moved to the possession if you meet all  
of the following.  
a. Ceased to be a bona fide resident  
of Puerto Rico, and  
Closer Connection Test  
b. Ceased to have a tax home in  
Puerto Rico.  
You meet the closer connection test if  
you do not have a closer connection to  
the United States or a foreign country  
than to the U.S. possession.  
You were not a bona fide resident of  
4. You had a closer connection to  
Puerto Rico than to the United States or  
a foreign country during the part of the  
tax year before the date on which you  
ceased to have a tax home in Puerto  
Rico.  
the possession in any of the 3 tax years  
immediately preceding the tax year of  
the move.  
You are considered to have a closer  
connection to a possession than to the  
United States or to a foreign country if  
you have maintained more significant  
contacts with the possession(s) than  
with the United States or foreign  
You did not have a tax home outside  
the possession or a closer connection to  
the United States or a foreign country  
than to the relevant possession during  
any part of the final 183 days of the tax  
year of the move.  
If you do not meet all of the above  
requirements, you are not a bona fide  
resident of Puerto Rico in the year of the  
move under this exception. Instead, you  
must meet the requirements explained  
next under Tax Home Test, and  
country. Significant contacts that may  
be considered include the following.  
You are a bona fide resident of the  
possession for the 3 tax years  
immediately following the tax year of the  
move.  
The location of:  
1. Your permanent home;  
Presence Test, later.  
Instructions for Form 8898 (Rev. 10-2022)  
-2-  
       
2. Your family;  
as a day of presence in the possession.  
If, during a single day, you were  
physically present in two possessions,  
that day is counted as a day of presence  
in the possession in which you have  
your tax home.  
Count the following days as days of  
presence in the possession for  
purposes of the presence test. Do not  
count them as days of presence in the  
United States.  
3. Any day you were temporarily in  
the United States as a student (defined  
later).  
3. Your current social, political,  
cultural, professional, or religious  
affiliations;  
4. Any day you were in the United  
States serving as an elected  
4. Where you conduct your routine  
representative of a possession, or  
serving full time as an elected or  
appointed official or employee of the  
government of the possession (or any of  
its political subdivisions).  
personal banking activities;  
5. The jurisdiction in which you hold  
a driver's license; and  
6. Charitable organizations to which  
you contribute.  
Qualified medical treatment. This  
is medical treatment provided by (or  
under the supervision of) a physician for  
an illness, injury, impairment, or  
physical or mental condition. The  
treatment must involve:  
The place of residence you designate  
1. Any day you were outside the  
possession to receive (or to accompany  
on a full-time basis a parent, spouse, or  
child who is receiving) qualified medical  
treatment (defined later). For this  
purpose, the child must be your son,  
daughter, stepchild, foster child,  
on forms and documents.  
Your connections to the possession  
will be compared to the total of your  
connections with the United States and  
foreign countries. Your answers to the  
questions on Form 8898, Part III, will  
help establish the jurisdiction to which  
you have a closer connection.  
A period of inpatient care (requiring  
an overnight stay) in a hospital or  
hospice and any period immediately  
before or after that inpatient care to the  
extent it is medically necessary, or  
adopted child, or a child lawfully placed  
with you for legal adoption.  
2. Any day you were outside the  
possession because you left or were  
unable to return to the possession  
during any 14-day period within which a  
major disaster occurred in the  
A temporary period of inpatient care  
Presence Test  
You meet the presence test for the tax  
year if you meet one of the following  
conditions.  
1. You were present in the  
possession for at least 183 days during  
the tax year.  
2. You were present in the  
possession for at least 549 days during  
the 3-year period that includes the  
current tax year and the 2 immediately  
preceding tax years. During each year  
of the 3-year period, you must also be  
present in the possession for at least 60  
days.  
(requiring an overnight stay) in a  
residential medical care facility for  
medically necessary rehabilitation  
possession that was declared a disaster services.  
area by the President.  
You must keep records of your  
qualified medical treatment. For details  
on the records you must keep, see Pub.  
570.  
3. Any day you were outside the  
possession because you left or were  
unable to return to the possession  
during any period for which a mandatory  
evacuation order was in effect for the  
area in the possession where you  
resided.  
Charitable sports event. A  
charitable sports event is one that  
meets the following conditions.  
The main purpose is to benefit a  
4. Any day (up to a total of 30 days)  
qualified charitable organization.  
that you are outside the relevant  
The entire net proceeds go to that  
possession and the United States for  
business or personal travel, but this rule:  
charitable organization.  
Volunteers perform substantially all  
3. You were present in the United  
States for no more than 90 days during  
the tax year.  
a. Applies only if the number of days the work.  
you are considered present in the  
relevant possession exceeds the  
number of days you are considered  
present in the United States  
In figuring the days of presence in the  
United States, you can exclude only the  
days on which you actually competed in  
a sports event. You cannot exclude the  
4. You had $3,000 or less of earned  
income from U.S. sources and were  
present for more days in the possession  
than in the United States during the tax  
year. See the instructions for Line 8  
under Specific Instructions, later, for the  
definition of earned income from U.S.  
sources.  
(determined without regard to the rule in days on which you were in the United  
this section (4)), and  
States to practice for the event, to  
perform promotional or other activities  
related to the event, or to travel between  
events.  
b. Does not apply for purposes of  
calculating the minimum 60 days of  
presence in the relevant possession  
that is required for the 549-day  
presence test (see Presence Test,  
earlier).  
For a listing of most qualified  
(defined later) to the United States  
during the tax year.  
organizations, go to IRS.gov/  
TIP  
Do not count the following days as  
days of presence in the United States  
for purposes of the presence test.  
1. Any day you were in the United  
States for less than 24 hours when you  
were traveling between two places  
outside the United States.  
2. Any day you were temporarily  
present in the United States as a  
professional athlete to compete in a  
charitable sports event (defined later).  
If you are a nonresident alien,  
Student. To qualify as a student,  
you must be, during some part of each  
of 5 calendar months during the  
calendar year (not necessarily  
consecutive):  
1. A full-time student at a school that  
has a regular teaching staff, course of  
study, and regularly enrolled body of  
students in attendance; or  
!
CAUTION  
aliens, later.  
Days of presence in the United  
States or U.S. possession. Generally,  
you are treated as being present in the  
United States or in the possession on  
any day that you are physically present  
in that location at any time during the  
day. If, during a single day, you were  
physically present in the United States  
and a possession, that day is counted  
2. A student taking a full-time,  
on-farm training course given by a  
Instructions for Form 8898 (Rev. 10-2022)  
-3-  
         
school described in (1) above or a state, interest in the property. The rental  
position that he became a bona fide  
resident of the U.S. Virgin Islands in  
2022, Mr. Grey checks box a on line 1  
and enters "2022" on the line provided.  
county, or local government.  
property is not considered used for  
personal purposes on any day on which  
the principal purpose for using the  
property is to do repair or maintenance  
work. For more information on  
determining whether the rental property  
was used for personal purposes, see  
Pub. 570.  
Special rule for nonresident aliens.  
The presence test does not apply to  
nonresident aliens. Instead, nonresident  
aliens must meet the substantial  
Full-time student. A full-time  
student is a person who is enrolled for  
the number of hours or courses the  
school considers to be full-time  
attendance.  
Line 2  
If you are not a U.S. citizen, you are  
either a nonresident alien or resident  
alien of the United States. You are  
considered a resident alien of the  
United States for U.S. tax purposes if  
you meet either the green card test or  
the substantial presence test for the  
calendar year (January 1 through  
December 31). If you do not meet either  
of those tests, you are considered a  
nonresident alien. For more information  
about these tests, see Pub. 519.  
School. The term “school” includes  
elementary schools, junior and senior  
high schools, colleges, universities, and  
technical, trade, and mechanical  
schools. It does not include on-the-job  
training courses, correspondence  
schools, and schools offering courses  
only through the Internet.  
presence test discussed in chapter 1 of  
Pub. 519. In that discussion, substitute  
the name of the possession for “United  
States” and “U.S.” wherever they  
appear. Also, disregard the discussion  
in that chapter about a Closer  
Significant connection. You have a  
significant connection to the United  
States if:  
Line 3a  
Connection to a Foreign Country.  
You have a permanent home (defined  
Enter your worldwide gross income for  
the tax year entered on line 1. See  
later) in the United States,  
You are registered to vote in any  
Specific Instructions  
political subdivision of the United  
States, or  
Unless otherwise specified, answers to  
questions seeking information for a tax  
year generally refer to the tax year in  
which you became (or ceased to be) a  
bona fide resident.  
Line 3b  
You have a spouse or child under 18  
whose principal home is in the United  
States. For this purpose:  
Average worldwide gross income.  
Calculate your average worldwide gross  
income by adding together the  
1. A spouse does not include a  
spouse from whom you are legally  
separated under a decree of divorce or  
separate maintenance; and  
2. The child must be your son,  
daughter, stepchild, foster child,  
adopted child, or a child lawfully placed  
with you for legal adoption. But a child  
does not include:  
a. A child who lives in the United  
States with a custodial parent under a  
custodial decree or multiple support  
agreement, or  
worldwide gross income for each year  
of the 3-year period prior to the tax year  
entered on line 1. Divide the total by 3.0.  
Enter the amount on line 3b.  
Name and Social Security  
Number (SSN)  
If you file a joint return, enter only the  
name and SSN of the spouse whose  
information is being reported on Form  
8898. If both you and your spouse are  
required to file Form 8898, file a  
The amount reported on line 3b  
is distinct from the worldwide  
!
CAUTION  
gross income threshold amount  
for the year of the move that determines  
whether you must file Form 8898. See  
Who Must File, earlier.  
separate Form 8898 for each of you.  
Address Before and After  
Your Change in Bona Fide  
Residence Status  
Line 4  
b. A child who is in the United  
If you checked line 1, box a, enter on  
line 4a the exact date (month/day/year)  
you moved to a possession to establish  
bona fide residence. If you checked  
line 1, box b, enter on line 4b the exact  
date (month/day/year) you moved from  
the possession to end bona fide  
residence.  
States as a student (defined earlier).  
Enter the address where you lived  
before your bona fide residence status  
changed and a different address for  
where you lived after your bona fide  
residence status changed.  
Permanent home. A permanent  
home generally includes  
accommodations such as a house, an  
apartment, or a furnished room that is  
available at all times, continuously and  
not solely for short stays. However, if  
you or your spouse owns the dwelling  
unit and rents it to someone else during  
the tax year, the dwelling unit is not your  
permanent home unless, during that tax  
year, you use some part of it for  
personal purposes for more than the  
greater of:  
Example 3. Mr. Grey, a U.S. citizen,  
moved from New York to the U.S. Virgin  
Islands. Mr. Grey must enter his New  
York address under “Address before  
your change in bona fide residence  
status” and his U.S. Virgin Islands  
address under “Address after your  
change in bona fide residence status.”  
Example 5. Mr. Grey, a U.S. citizen,  
moved from New York to the U.S. Virgin  
Islands on March 1, 2022. Mr. Grey  
would enter “03/01/2022” on line 4a.  
Lines 5 and 6  
States or U.S. possession, earlier, for  
information on counting days of  
presence in the possession.  
14 days, or  
Line 1  
10% of the days the property is  
Check line 1, box a or b, whichever  
applies, and enter the tax year you take  
the position that you became or ceased  
to be a bona fide resident of a U.S.  
possession.  
rented to others at a fair rental price.  
Generally, the rental property is  
considered used for personal purposes  
on any day it is not being rented to  
someone else at fair rental value for the  
entire day or is used by you, a family  
member, or anyone else who has an  
Line 7  
See Significant connection, earlier.  
Example 4. Mr. Grey, a U.S. citizen,  
moved from New York to the U.S. Virgin  
Islands on March 1, 2022. To take the  
Instructions for Form 8898 (Rev. 10-2022)  
-4-  
     
homestead property, the filing or  
Line 8  
Privacy Act and Paperwork Reduc-  
tion Act Notice. We ask for this  
information to carry out the Internal  
Revenue laws of the United States.  
Section 937(c) and its regulations  
require that you give us the information.  
We need it to determine if you are a  
bona fide resident of a U.S. possession.  
If you do not provide this information or  
provide false information, you may be  
subject to penalties. We may disclose  
this information to the Department of  
Justice for civil and criminal litigation,  
and to cities, states, the District of  
Columbia, and U.S. commonwealths  
and possessions for use in  
recordation of a declaration to make the  
exemption operative, or an application  
for the homestead tax exemption. If  
either of the following applies, answer  
“Yes” on line 22 and indicate the state in  
which such designation, declaration,  
recordation, application, or property tax  
exemption was made.  
Earned income is wages, salaries,  
professional fees, and other amounts  
received as compensation for personal  
services actually rendered, including the  
fair market value of all earnings paid in  
any medium other than cash.  
Professional fees include all fees  
received by an individual engaged in a  
professional occupation (such as doctor  
or lawyer) in the performance of  
professional activities. See chapter 2 of  
Pub. 570 for information to determine if  
you have any earned income from U.S.  
sources.  
1. You made a designation of  
homestead property or otherwise filed  
or recorded a declaration concerning  
property under a state homestead  
exemption law.  
2. You applied for or took a  
homestead tax exemption from state or  
local property taxes.  
Line 9  
administering their tax laws. We may  
also disclose this information to other  
countries under a tax treaty, to federal  
and state agencies to enforce federal  
nontax criminal laws, or to federal law  
enforcement and intelligence agencies  
to combat terrorism.  
See Tax Home Test, earlier.  
Lines 26 and 27  
Line 10  
See chapter 2 of Pub. 570 for  
information to determine the source of  
income.  
See Closer Connection Test, earlier.  
Line 11  
Line 28  
You are not required to provide the  
information requested on a form that is  
subject to the Paperwork Reduction Act  
unless the form displays a valid OMB  
control number. Books or records  
relating to a form or its instructions must  
be retained as long as their contents  
may become material in the  
For stocks and bonds, indicate the  
country of origin of the stock company  
or debtor, and for U.S. companies or  
debtors, the state or possession of  
incorporation or formation.  
earlier.  
Lines 12 and 13  
See Permanent home, earlier. If you  
have more than one home, your  
principal permanent home is ordinarily  
the permanent home you live in most of  
the time.  
For example, if you own shares of a  
U.S. publicly traded Delaware  
corporation, the investment is  
considered located in the United States  
(that is, Delaware), even though the  
shares of stock are stored in a safe  
deposit box in a foreign country or  
possession.  
administration of any Internal Revenue  
law. Generally, tax returns and return  
information are confidential, as required  
by Code section 6103.  
Line 14  
Your immediate family means your  
spouse and minor children.  
The average time and expense  
required to complete and file this form  
will vary depending on individual  
circumstances. For the estimated  
averages, see the instructions for your  
income tax return.  
Line 22  
Line 32  
Under state law, a homestead  
exemption may:  
A gain is the amount you realize from a  
sale or exchange of property that is  
more than its adjusted basis. See Pub.  
544 for the definitions of amount  
realized and adjusted basis.  
1. Protect the owner of real property  
from a forced sale or seizure of the  
property from creditors (for example, in  
a bankruptcy proceeding), or  
2. Provide a reduction in state or  
local real property taxes to qualified  
homeowners.  
If you have suggestions for making  
this form simpler, we would be happy to  
hear from you. See the instructions for  
your income tax return.  
Special source rules apply to  
gains from dispositions of  
!
CAUTION  
certain property within 10 years  
of becoming a bona fide resident of a  
U.S. possession. See Special Rules for  
Gains From Dispositions of Certain  
Property in Pub. 570 for more  
information.  
In some states, for individuals to avail  
themselves of these privileges, state  
laws require a designation of the  
Instructions for Form 8898 (Rev. 10-2022)  
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