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Topic: tax questions (1040 & 2555 EZ)  (Read 3276 times)

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tax questions (1040 & 2555 EZ)
« on: June 10, 2010, 05:50:50 PM »
Hi all,

Apologies if these questions have been asked/answered before. I have scrolled through the topics and read the relevant IRS publications but having never done taxes before I am faced with a few remaining questions.

1. I think I can claim the Bona Fide residence test... I pay rent, have a 'permanent' job and pay tax, etc. I was a student here, now on my post-study visa and going to marry this year (I have my Certificate of Approval already). However, I'm not sure if I should just fill in the Physical Presence test. It seems easier as I don't want them to question whether I am a bonafide resident and I'm not sure at what date my bona fide residence began, etc.

Basically, is there any benefit in choosing to fill in the Physical Presence Test over the BF residence test if you qualify for both?

2. Assuming there is no benefit in choosing the residence test over the physical presence test, as I believe I meet both, I have some questions on filling in the 2555-EZ form.

In part II it asks if you have filed form 2555 or 2555-ez after 1981. I haven't but should have last year 2008 and I will. (I was one of those who didn't realise they had to file abroad,... but I do know and so I shall for last year. The years before I didn't meet the threshold so never filed).  If I submit the 2555s (08/09)  both at the same time (i.e. this month) how do I answer this question? Do I say no for 2008 but then yes for 2009 although it won't have technically been filed yet?

In part III it asks to fill in the days you spent in the US, as I did take holiday to see my family. I can fill in the day arrived and day left but then the next column asks 'number of days in US on business'. Is this just a total of the first two columns or do I put 0 as I was on holiday not on business?

IN part IV where it asks you to enter the number of days in the qualifying period that fall within 2009, do you put 365 days as that is the whole year or if you were on holiday for 15 of those days, do you put 350?

3. It doesn't seem like I am able to fill in form 1040-EZ because it does not have line 21 which is where I need to enter my income from line 2555-EZ.  This is kind of annoying as when I looked at the 1040 EZ form it looked so much simpler and I do not have any dependents, etc. As I am entering the wages in parenthesis on line 21 does this mean I do not enter my wages on line 7?  Does this also mean that the Gross Income is nill if the only income I have is foreign earned income which is less then $50,000?

Is there any bother filling in my student loan interest deduction (as I am still paying off my US student loans). If I have no income to deduct the interest from does it not count? Or will I be eligible for some sort of rebate?

Thank you so much in advance for your help.  :)

D


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Re: tax questions (1040 & 2555 EZ)
« Reply #1 on: June 14, 2010, 09:38:58 PM »
Hi dmhawk,

I'm not in any way qualified to give advice - this is my first year of doing overseas tax returns so I'm just another punter - but I'll tell you what we did for each of your questions. Others can correct me if I'm wrong.

You probably know that June 15th is the deadline for overseas residents (but I believe it's the postmark date that matters, not the arrival date).

I assume you've had fun reading through publication 54 :-) - if not, that explains everything, though it's not the clearest of documents.

1. As far as I know, there is no benefit to choosing Bona Fide residence over Physical Presence - someone with more knowledge can correct me if that's not so. If, during 2009*, you have been in the US less than (I think) 35 days, you qualify for the Physical Presence test.

But: looking at 2555-EZ, it looks as though it asks 'were you a bona fide resident? if yes, go to question 3' (paraphrasing). So if, as you're suggesting, you were a bona fide resident, it may be that you have to tick Yes, and won't get the chance to even answer question 2.

2. a) Sorry, I don't know what to do in this situation. You may want to file for 2008 first?
b) We wrote 'not on business', just to be explicit, and then '-0-' for income.
c) We chose Physical Presence, so I don't know what to write here if you chose Bona Fide. If you're doing Physical Presence, it depends. What did you write on line 2b? If you wrote 1 January 2009 to 31 December 2009, write 365. This has nothing to do with the number of days spent in the US as answered in Part III (though this of course has to be less than 35).

The reason they ask this is that, you'll see line 2a they ask 'were you physically present in a foreign country for at least 330 days during 2009 or any period of 12 months in a row starting or ending in 2009?' (emphases mine). If it's the latter, you're only allowed to count the days which fell in 2009 towards the test.

3. a) Yeah, sorry, you have to fill in the full 1040. We left it blank when something didn't apply to us.

b) You still have to enter your full wages on line 7, regardless of the fact that they are included on the 2555-EZ. Don't write them in parentheses on line 7. Writing them in parentheses (as on line 21) is like putting a minus sign in front of them.

c) Depends on your situation. If you had no bank interest income, and no other type of income, and the figure in line 21 is the negative equal to the figure in line 7, it may well be that your gross income is zero. If you follow the arithmetic in the way the form tells you, you should be ok.

d) No idea about student loans, sorry.

Hope this is at least partly helpful :-). IRS Publication 54 is worth printing out and reading properly, as it explains everything you need to know with regard to foreign earned income. Also read the instructions for 2555-EZ.

Finally, if you have more than $10,000 in total in non-US bank accounts, you'll need to file form TDF 90-22.1. You have until June 30 to do this (for 2009), so there's still time,  but the penalties for not doing so are severe. Others can offer advice on that. You don't file this with your tax return - a separate address is given in the form's instructions.

* Or any period starting or ending in 2009. See my answer to question 2.


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Re: tax questions (1040 & 2555 EZ)
« Reply #2 on: June 28, 2010, 02:33:41 PM »
I am a UK chartered tax adviser and I also passed the US CPA exams back in 2005. I provide specialist Expat tax services to UK, Canadian and US clients. please contact me at kmlynch@btinternet.com if you think I can be of help. my website is lynch.pro

Kieran Lynch     


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Re: tax questions (1040 & 2555 EZ)
« Reply #3 on: June 28, 2010, 06:24:55 PM »
I am a UK chartered tax adviser and I also passed the US CPA exams back in 2005. I provide specialist Expat tax services to UK, Canadian and US clients. please contact me at kmlynch@btinternet.com if you think I can be of help. my website is lynch.pro

Kieran Lynch     
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