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Topic: Also filing for the first time overseas (different questions)  (Read 445 times)

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Hi --

Like a recent poster, I will soon be filing my first return as a US citizen residing in the UK.
I've been doing research on the internet and was hoping that people on this forum could vet (or otherwise comment on) some of the conclusions I've reached about two topics: 1) the physical presence vs bona fide residence tests; 2) which forms to file.

(Apologies if these questions have been answered previously on the forum.)

1) I arrived in the UK in late December 2008 to take up a job as a university lecturer.  The post is supposedly permanent and I was granted a five year work permit.  I've taken most of the customary steps involved with permanently changing ones residence (e.g. shipping house hold possessions, establishing bank and credit accounts, etc.) and at the moment intend to remain in the UK indefinitely.  My income was also taxed in the UK.   

Everything I've read suggests that I ought to qualify for the foreign income exemption under the bona fide residence test.  However, there are two potentially complicating factors: i) I was in the US for about 85 days in 2009 (twice for conferences, once to complete my move); ii) I spent the autumn term (September-January) in France on a research fellowship.   I realize that i) disqualifies from me applying for the physical presence test since I was not out of the US for more that 330 days.  What I'm not sure about is whether i) or ii) complicate my case for claiming bona fide resident status.  Can anyone help here?

2) The sense I've gotten is that the standard set of forms to file for US citizens residing in the UK is as follows:
* 2555-EZ (establishing ground for the foreign exclusion)
* 1040  (entering data from the 2555)
* 1040 schedule B (detailing foreign accounts and interest)
* TD F 90-22 (to declare foregin accounts)
Am I right about this?  Does anything about my status (e.g. that I lived in France from part of the year) require that I submit anything additional?

Thanks very much for your help. 

Tractorfeed




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Re: Also filing for the first time overseas (different questions)
« Reply #1 on: April 09, 2010, 05:57:25 PM »
1) I'm not a tax expert or anything, but as far as the residence tests, I think you qualify for the bona fide residence test since you were resident outside the US for all of 2009.  My understanding is that regardless of how much time was spent in other countries, if your tax home is not the US for an entire calendar year (2009), then you qualify.  I would definitely check on if the France thing complicates anything but your visits to the US should be fine.

2) Your list looks correct to me.

You can also contact the IRS in London via e-mail (irs.london@irs.gov)  or call the IRS in the US to get clarification.
« Last Edit: April 09, 2010, 06:00:19 PM by LeisaB »


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Re: Also filing for the first time overseas (different questions)
« Reply #2 on: April 10, 2010, 03:11:02 PM »
Your time in France does not complicate your bona fide residence for your US taxes. LeisaB is correct in that you qualify. Depending on which country you were actually paid in, your time in France may add intrigue to your 2009/2010 UK tax return, or possibly a 2009 and 2010 French return. If so, some French tax information is available on this link:
http://www.completefrance.com/cs/forums/1196188/ShowPost.aspx
You may want to check if your type of income qualifies for Schedule M on your 2009 US taxes. I do not know.


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Re: Also filing for the first time overseas (different questions)
« Reply #3 on: April 10, 2010, 04:00:01 PM »
You appear to have had some US workdays so will need to source some income as US on the 2555...you may elect to resource under the treaty but could still owe State taxes depending on where the conferences took place.

Most universities offer the USS.  Employers contributions would be reportable income.


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