Pub. 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad |
2004 Tax Year |
Chapter 1 - Filing Information
This is archived information that pertains only to the 2004 Tax Year. If you are looking for information for the current tax year, go to the Tax Prep Help Area.
Topics - This chapter discusses:
-
Whether you have to file a return,
-
When to file your return and pay any tax due,
-
How to treat foreign currency,
-
Where to file your return,
-
When you can treat your nonresident spouse as a resident, and
-
When you may have to make estimated tax payments.
Useful Items - You may want to see:
Publication
-
3
Armed Forces' Tax Guide
-
501
Exemptions, Standard Deduction, and Filing Information
-
505
Tax Withholding and Estimated Tax
-
519
U.S. Tax Guide for Aliens
-
970
Tax Benefits for Education
Form (and Instructions)
-
1040-ES
Estimated Tax for Individuals
-
1040X
Amended U.S. Individual Income Tax Return
-
2350
Application for Extension of Time To File U.S. Income Tax Return
-
2555
Foreign Earned Income
-
2555-EZ
Foreign Earned Income Exclusion
-
2688
Application for Additional Extension of Time To File U.S. Individual Income Tax Return
-
4868
Application for Automatic Extension of Time To File U.S. Individual Income Tax Return
-
8822
Change of Address
-
SS-5
Application for a Social Security Card
-
W-7
Application for IRS Individual Taxpayer Identification Number
See chapter 7 for information about getting these publications and forms.
If you are a U.S. citizen or resident alien, the rules for filing income, estate, and gift tax returns and for paying estimated
tax are generally
the same whether you are in the United States or abroad.
Your income, filing status, and age generally determine whether you must file an income tax return. Generally, you must file
a return for 2004 if
your gross income from worldwide sources is at least the amount shown for your filing status in the following table.
Filing Status* |
|
Amount |
Single
|
$7,950
|
65 or older
|
$9,150
|
Head of household
|
$10,250
|
65 or older
|
$11,450
|
Qualifying widow(er)
|
$12,800
|
65 or older
|
$13,750
|
Married filing jointly
|
$15,900
|
Not living with spouse at end of year
|
$3,100
|
One spouse 65 or older
|
$16,850
|
Both spouses 65 or older
|
$17,800
|
Married filing separately
|
$3,100
|
*If you are the dependent of another taxpayer, see the instructions for Form 1040 for
more information on whether you must file a return.
|
Gross income.
This includes all income you receive in the form of money, goods, property, and services that is not exempt from tax.
For purposes of determining whether you must file a return, gross income includes any income that you can exclude
as foreign earned income or as a
foreign housing amount.
If you are self-employed, your gross income includes the amount on line 7 of Schedule C (Form 1040), Profit or Loss From Business,
or line 1 of
Schedule C-EZ (Form 1040), Net Profit From Business.
Self-employed individuals.
If your net self-employment income is $400 or more, you must file a return even if your gross income is below the
amount listed for your filing
status in the table shown earlier. Net self-employment income is defined in Publication 533, Self-Employment Tax.
65 or older.
You are considered to be age 65 on the day before your 65th birthday. For example, if your 65th birthday is on January
1, 2005, you are considered
65 for 2004.
If you file on the calendar year basis, the due date for filing your return is April 15 of the following year. If you file
on a fiscal year basis
(a year ending on the last day of any month except December), the due date is 3 months and 15 days after the close of your
fiscal year. In general,
the tax shown on your return should be paid by the due date of the return, without regard to any extension of time for filing
the return.
A tax return delivered by the U.S. mail or a designated delivery service that is postmarked or dated by the delivery service
on or before the due
date is considered to have been filed on or before that date. See your Form 1040 or Form 1040A instructions for a list of
designated delivery
services.
You can get an extension of time to file your return. In some circumstances, you can also get an extension of time to file
and pay any tax due.
However, if you pay the tax due after the regular due date, interest will be charged from the regular due date until the date
the tax is paid.
Automatic 2-month extension.
You may be allowed an automatic 2-month extension to file your return and pay any federal income tax that is due.
You will be allowed the extension
if you are a U.S. citizen or resident, and on the regular due date of your return:
-
You are living outside of the United States and Puerto Rico and your main place of business or post of duty is outside the
United States and
Puerto Rico, or
-
You are in military or naval service on duty outside the United States and Puerto Rico.
If you use a calendar year, the regular due date of your return is April 15.
Service in a combat zone.
If you served in a combat zone or qualified hazardous duty area, you may be eligible for a longer extension of time
to file. See Extension of
Deadline in Publication 3.
Married taxpayers.
If you file a joint return, either you or your spouse can qualify for the automatic extension. If you and your spouse
file separate returns, this
automatic extension applies only to the spouse who qualifies for it.
How to get the extension.
To use this automatic 2-month extension, you must attach a statement to your return explaining which of the two situations
listed earlier qualified
you for the extension.
4-month extension.
If you are not able to file your return by the due date, you generally can get an automatic 4-month extension of time
to file. To get this
automatic extension, you must file Form 4868. Or, you can file Form 4868 electronically (e-file) by telephone, using your
personal computer, or
through a tax professional. For more information about filing electronically, see the form instructions.
The form must show your properly estimated tax liability based on the information available to you.
You may not be eligible. You cannot use the automatic 4-month extension of time to file if:
When to file.
Generally, you must request the 4-month extension by the regular due date of your return.
Previous 2-month extension.
If you cannot file your return within the automatic 2-month extension period, you generally can get an additional
2-month extension of time to file
your return, for a total of 4 months. The automatic 2-month extension and the 4-month extension start at the same time. You
do not have to request the
4-month extension until the new due date allowed by the first extension, but the total combined extension will still only
be 4 months from the regular
due date.
Time to pay not extended.
A 4-month extension of time to file is not an extension of time to pay. You must make an accurate estimate of your
tax based on the information
available to you. If you find you cannot pay the full amount due with Form 4868, you can still get the extension. You will
owe interest on the unpaid
amount.
You also may be charged a penalty for paying the tax late unless you have reasonable cause for not paying your tax
when due. Interest and penalties
are assessed (charged) from the original due date of your return.
Extension beyond 4 months.
If you file Form 4868 and you later find that you cannot file within the 4-month extension period, you may be able
to get 2 more months to file,
for a total of 6 months.
You can apply for an extension beyond the 4-month extension either by sending a letter to the IRS or by filing Form
2688
. You should request the extension early so that, if refused, you still will be able to file on time. Except in cases
of undue hardship, Form 2688 or a request by letter will not be accepted unless you have first filed Form 4868. Form 2688
or your letter will not be
considered if you send it after the extended due date.
To get an extension beyond the automatic 4-month extension, you must give all the following information.
-
Your reason for requesting the extension.
-
The tax year to which the extension applies.
-
The amount of additional time you need.
-
Whether you have already requested another extension for time to file for this tax year.
You can sign the request for this extension, or it can be signed by your attorney, CPA, enrolled agent, or a person with a
power of attorney.
If you are unable to sign the request because of illness or for another good reason, a person in close personal or business
relationship to you can
sign the request.
Extension granted.
If the IRS approves your application for this extension, you will be notified.
If an extension is granted and the IRS later determines that the statements made on your request for this extension
are false or misleading and an
extension would not have been granted based on the true facts, the extension is null and void. You may have to pay the failure-to-file
penalty if you
file after the regular due date.
Extension not granted.
If your application for this extension is not approved, you must file your return by the extended due date of the
automatic extension. You may be
allowed to file within 10 days of the date of the notice you get from the IRS if the end of the 10-day period is later than
the due date. The notice
will tell you whether the 10-day grace period is granted.
Further extensions.
You generally cannot get an extension of more than 6 months. However, if you are outside the United States and meet
certain tests, you may be able
to get a longer extension.
You can get an extension of more than 6 months to file your tax return if you need the time to meet either the bona
fide residence test or the
physical presence test to qualify for either the foreign earned income exclusion or the foreign housing exclusion or deduction.
The tests, the
exclusions, and the deduction are explained in chapter 4.
You should request an extension if all three of the following apply.
-
You are a U.S. citizen or resident.
-
You expect to meet either the bona fide residence test or the physical presence test, but not until after your tax return
is
due.
-
Your tax home is in a foreign country (or countries) throughout your period of bona fide residence or physical presence, whichever
applies.
If you are granted an extension, it generally will be to 30 days beyond the date on which you can reasonably expect
to qualify under either the
bona fide residence test or the physical presence test. However, if you have moving expenses that are for services performed
in 2 years, you may be
granted an extension to 90 days beyond the close of the year following the year of first arrival in the foreign country.
How to get an extension.
To obtain an extension, you should file Form 2350 with the Internal Revenue Service Center, Philadelphia, PA 19255-0002,
or the local IRS
representative, or other IRS employee.
You must file Form 2350 by the due date for filing your return. Generally, if both your tax home and your abode are
outside the United States and
Puerto Rico on the regular due date of your return and you file on a calendar year basis, the due date for filing your return
is June 15.
What if tests are not met.
If you obtain an extension and unforeseen events make it impossible for you to satisfy either the bona fide residence
test or the physical presence
test, you should file your income tax return as soon as possible because you must pay interest on any tax due after the regular
due date of the return
(even though an extension was granted).
You should make any request for an extension early, so that if it is denied you still can file your return on time. Otherwise,
if you file late and
additional tax is due, you may be subject to a penalty.
Return filed before test is met.
If you file a return before you meet the bona fide residence test or the physical presence test, you must include
all income from both U.S. and
foreign sources and pay the tax on that income. If you meet either of the tests later and qualify for the foreign earned income
exclusion, the foreign
housing exclusion, or the foreign housing deduction, you can file a claim for refund of tax on Form 1040X. The refund will
be the difference between
the amount of tax already paid and the tax liability as figured after the exclusion or deduction.
You must express the amounts you report on your U.S. tax return in U.S. dollars. If you receive all or part of your income
or pay some or all of
your expenses in foreign currency, you must translate the foreign currency into U.S. dollars. How you do this depends on your
functional currency.
Your functional currency generally is the U.S. dollar unless you are required to use the currency of a foreign country.
You must make all federal income tax determinations in your functional currency. The U.S. dollar is the functional currency
for all taxpayers
except some qualified business units (QBUs). A QBU is a separate and clearly identified unit of a trade or business that maintains
separate books and
records.
Even if you have a QBU, your functional currency is the dollar if any of the following apply.
-
You conduct the business in dollars.
-
The principal place of business is located in the United States.
-
You choose to or are required to use the dollar as your functional currency.
-
The business books and records are not kept in the currency of the economic environment in which a significant part of the
business
activities is conducted.
Make all income tax determinations in your functional currency. If your functional currency is the U.S. dollar, you must immediately
translate into
dollars all items of income, expense, etc. (including taxes), that you receive, pay, or accrue in a foreign currency and that
will affect computation
of your income tax. Use the exchange rate prevailing when you receive, pay, or accrue the item. If there is more than one
exchange rate, use the one
that most properly reflects your income. You can generally get exchange rates from banks and U.S. Embassies.
If your functional currency is not the U.S. dollar, make all income tax determinations in your functional currency. At the
end of the year,
translate the results, such as income or loss, into U.S. dollars to report on your income tax return.
You generally must report your foreign income in terms of U.S. dollars and, with one exception (see Fulbright Grant, later), you must
pay taxes due on it in U.S. dollars.
If, because of restrictions in a foreign country, your income is not readily convertible into U.S. dollars or into other money
or property that is
readily convertible into U.S. dollars, your income is “blocked” or “deferrable” income. You can report this income in one of two ways:
-
Report the income and pay your federal income tax with U.S. dollars that you have in the United States or in some other country,
or
-
Postpone the reporting of the income until it becomes unblocked.
If you choose to postpone the reporting of the income, you must file an information return with your tax return. For this
information return, you
should use another Form 1040 labeled “Report of Deferrable Foreign Income, pursuant to Rev. Rul. 74-351.” You must declare on the information
return that you will include the deferrable income in your taxable income for the year that it becomes unblocked. You also
must state that you waive
any right to claim that the deferrable income was includible in your income for any earlier year.
You must report your income on your information return using the foreign currency in which you received that income. If you
have blocked income
from more than one foreign country, include a separate information return for each country.
Income becomes unblocked and reportable for tax purposes when it becomes convertible, or when it is converted, into dollars
or into other money or
property that is convertible into U.S. currency. Also, if you use blocked income for your personal expenses or dispose of
it by gift, bequest, or
devise, you must treat it as unblocked and reportable.
If you have received blocked income on which you have not paid tax, you should check to see whether that income is still blocked.
If it is not, you
should take immediate steps to pay tax on it, file a declaration or amended declaration of estimated tax, and include the
income on your tax return
for the year in which the income became unblocked.
If you choose to postpone reporting blocked income and in a later tax year you wish to begin including it in gross income
although it is still
blocked, you must obtain the permission of the IRS to do so. To apply for permission, file Form 3115, Application for Change
in Accounting Method.
You also must request permission from the IRS on Form 3115 if you have not chosen to defer the reporting of blocked
income in the past, but now wish to begin reporting blocked income under the deferred method. See the instructions for Form
3115 for information.
All income must be reported in U.S. dollars. In most cases, the tax must also be paid in U.S. dollars. If, however, at least
70% of your Fulbright
grant has been paid in nonconvertible foreign currency (blocked income), you can use the currency of the host country to pay
the part of the U.S. tax
that is based on the blocked income.
Paying U.S. tax in foreign currency.
To qualify for this method of payment, you must prepare a statement that shows the following information.
-
You were a Fulbright grantee and were paid in nonconvertible foreign currency.
-
The total grant you received during the year and the amount you received in nonconvertible foreign currency.
-
At least 70% of the grant was paid in nonconvertible foreign currency.
The statement must be certified by the U.S. educational foundation or commission paying the grant or other person having
control of grant
payments to you.
You should prepare at least two copies of this statement. Attach one copy to your Form 1040 and keep the other copy
for identification purposes
when you make a tax deposit of nonconvertible foreign currency.
Figuring actual tax.
When you prepare your income tax return, you may owe tax or the entire liability may have been satisfied with your
estimated tax payments. If you
owe tax, figure the part due to (and payable in) the nonconvertible foreign currency by using the following formula.
|
Adjusted gross income that is blocked income
|
×
|
Total U.S. tax
|
=
|
Tax on blocked income
|
|
|
Total adjusted
gross income
|
|
You must attach all of the following to the return.
-
A copy of the certified statement discussed earlier.
-
A detailed statement showing the allocation of tax attributable to amounts received in foreign currency and the rates of exchange
used in
determining your tax liability in U.S. dollars.
-
The original deposit receipt for any balance of tax due that you paid in nonconvertible foreign currency.
Figuring estimated tax on nonconvertible foreign currency.
If you are liable for estimated tax (discussed later), figure the amount you can pay to IRS in nonconvertible foreign
currency using the following
formula.
|
Adjusted gross income that is blocked income
|
×
|
Total estimated U.S. tax
|
=
|
Estimated tax on blocked income
|
|
|
Total adjusted
gross income
|
|
If you must pay your host country income tax on your grant, subtract any estimated foreign tax credit that applies
to your grant from the estimated
tax on the blocked income.
Deposit of foreign currency with disbursing officer.
Once you have determined the amount of the actual tax or estimated tax that you can pay in nonconvertible foreign
currency, deposit that amount
with the disbursing officer of the Department of State in the foreign country in which the foundation or commission paying
the grant is located.
Estimated tax installments.
You may either deposit the full estimated tax amount before the first installment due date or make four equal payments
before the installment due
dates. See Estimated Tax, later.
Deposit receipt.
Upon accepting the foreign currency, the disbursing officer will give you a receipt in duplicate. The original of
this receipt (showing the amount
of foreign currency deposited and its equivalent in U.S. dollars) should be attached to your Form 1040 or payment voucher
from Form 1040-ES. Keep the
copy for your records.
Does My Return Have To Be On Paper?
IRS e-file (electronic filing) is the fastest, easiest, and most convenient way to file your income tax return electronically. It's so
easy, millions of people use it.
IRS e-file offers accurate, safe, and fast alternatives to filing on paper. IRS computers quickly and automatically check for errors
or
other missing information. Even returns with a foreign address can be e-filed!
How to e-file.
There are two ways you can e-file.
-
Using an Authorized IRS e-file Provider.
-
You can prepare your return, take it to an Authorized IRS e-file Provider, and have the provider transmit it electronically to
the IRS, or
-
You can have a tax professional prepare your return and transmit it for you electronically
-
Using your personal computer.
These methods are explained in detail in the instructions for your tax return.
If any of the following situations apply to you, file your return with the:
Internal Revenue Service Center
Philadelphia, PA 19255-0215.
-
You claim the foreign earned income exclusion.
-
You claim the foreign housing exclusion or deduction.
-
You claim the exclusion of income for bona fide residents of American Samoa.
-
You live in a foreign country or U.S. possession and have no legal residence or principal place of business in the United
States.
The exclusions and the deduction are explained in chapter 4.
If you do not know where your legal residence is and you do not have a principal place of business in the United States, you
can file with the
Philadelphia Service Center. The address for the Philadelphia Service Center is shown earlier.
However, you should not file with the Philadelphia Service Center if you are a bona fide resident of the Virgin Islands, Guam,
or the Commonwealth
of the Northern Mariana Islands during your entire tax year.
Resident of Virgin Islands
If you are a bona fide resident of the Virgin Islands during your entire tax year (even if your legal residence or principal
place of business is
in the United States), you generally are not required to file a U.S. return. However, you must file a return with the Virgin
Islands and pay your tax
on income you have from all sources to the:
Virgin Islands Bureau of Internal Revenue
9601 Estate Thomas
Charlotte Amalie
St. Thomas, Virgin Islands 00802
Non-Virgin Islands resident with Virgin Islands income.
If you are a U.S. citizen or resident and you have income from sources in the Virgin Islands or income effectively
connected with the conduct of a
trade or business in the Virgin Islands, and you are not a bona fide resident of the Virgin Islands during your entire tax
year, you must file
identical tax returns with the United States and the Virgin Islands. File the original return with the United States and file
a copy of the U.S.
return (including all attachments, forms, and schedules) with the Virgin Islands Bureau of Internal Revenue.
You must complete Form 8689, Allocation of Individual Income Tax to the Virgin Islands, and attach it to your U.S.
return. You should file your
U.S. return with the Internal Revenue Service Center, Philadelphia, PA 19255-0215.
See Publication 570, Tax Guide for Individuals With Income From U.S. Possessions, for information about filing Virgin
Islands returns.
Resident of Guam
If you are a bona fide resident of Guam during your entire tax year, you should file a return with Guam and pay your tax on
income you have from
all sources to the:
Department of Revenue and Taxation
Government of Guam
P.O. Box 23607
GMF, GU 96921
However, if you are a resident of the United States for any day of your tax year, you should file a return with the
United States and pay your tax
on income you have from all sources to the Internal Revenue Service Center, Philadelphia, PA 19255-0215.
See Publication 570 for information about filing Guam returns.
Resident of the Commonwealth of the Northern Mariana Islands
If you are a bona fide resident of the Commonwealth of the Northern Mariana Islands during your entire tax year, you should
file a return with the
Northern Mariana Islands and pay your tax on income you have from all sources to the:
Division of Revenue and Taxation
Commonwealth of the Northern Mariana Islands
P.O. Box 5234, CHRB
Saipan, MP 96950.
However, if you are a resident of the United States for any day of your tax year, you should file a return with the
United States and pay your tax
on income you have from all sources to the Internal Revenue Service Center, Philadelphia, PA 19255-0215.
See Publication 570 for information about filing Northern Mariana Islands returns.
Nonresident Spouse Treated as a Resident
If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other is a nonresident
alien, you can
choose to treat the nonresident as a U.S. resident. This includes situations in which one of you is a nonresident alien at
the beginning of the tax
year and a resident alien at the end of the year and the other is a nonresident alien at the end of the year.
If you make this choice, the following two rules apply.
-
You and your spouse are treated, for income tax purposes, as residents for all tax years that the choice is in effect.
-
You must file a joint income tax return for the year you make the choice.
This means that neither of you can claim tax treaty benefits as a resident of a foreign country for a tax year for which the
choice is in
effect.
You can file joint or separate returns in years after the year in which you make the choice.
Example 1.
Pat Smith, a U.S. citizen, is married to Norman, a nonresident alien. Pat and Norman make the choice to treat Norman as a
resident alien by
attaching a statement to their joint return. Pat and Norman must report their worldwide income for the year they make the
choice and for all later
years unless the choice is ended or suspended. Although Pat and Norman must file a joint return for the year they make the
choice, they can file
either joint or separate returns for later years.
Example 2.
When Bob and Sharon Williams got married, both were nonresident aliens. In June of last year, Bob became a resident alien
and remained a resident
for the rest of the year. Bob and Sharon both choose to be treated as resident aliens by attaching a statement to their joint
return for last year.
Bob and Sharon must report their worldwide income for last year and all later years unless the choice is ended or suspended.
Bob and Sharon must file
a joint return for last year, but they can file either joint or separate returns for later years.
If you do not choose to treat your nonresident spouse as a U.S. resident, you may be able to use head of household filing
status. To use this
status, you must pay more than half the cost of maintaining a household for certain dependents or relatives other than your
nonresident alien spouse.
For more information, see Publication 501.
Social Security Number (SSN)
If your spouse is a nonresident alien and you file a joint or separate return, your spouse must have either an SSN or an individual
taxpayer
identification number (ITIN).
To get an SSN for your spouse, apply at a social security office or U.S. consulate. You must complete Form SS-5. You must
also provide original or
certified copies of documents to verify your spouse's age, identity, and citizenship.
If your spouse is not eligible to get an SSN, he or she can file Form W-7 with the IRS to apply for an ITIN.
Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should
contain the
following:
-
A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day
of your tax year
and that you choose to be treated as U.S. residents for the entire tax year, and
-
The name, address, and social security number (or individual taxpayer identification number) of each spouse. (If one spouse
died, include
the name and address of the person making the choice for the deceased spouse.)
You generally make this choice when you file your joint return. However, you can also make the choice by filing a joint amended
return on Form
1040X.
Attach Form 1040, 1040A, or 1040EZ and print “Amended” across the top of the amended return. If you make the
choice with an amended return, you and your spouse must also amend any returns that you may have filed after the year for
which you made the choice.
You generally must file the amended joint return within 3 years from the date you filed your original U.S. income tax return
or 2 years from the
date you paid your income tax for that year, whichever is later.
The choice to be treated as a resident alien does not apply to any later tax year if neither of you is a U.S. citizen or resident
alien at any time
during the later tax year.
Example.
Dick Brown was a resident alien on December 31, 2001, and married to Judy, a nonresident alien. They chose to treat Judy as
a resident alien and
filed a joint 2001 income tax return. On January 10, 2003, Dick became a nonresident alien. Judy had remained a nonresident
alien. Because both were
resident aliens during part of 2003, Dick and Judy can file joint or separate returns for that year. Neither Dick nor Judy
was a resident alien at any
time during 2004 and their choice is suspended for that year. For 2004, both are treated as nonresident aliens. If Dick becomes
a resident alien again
in 2005, their choice is no longer suspended and both are treated as resident aliens.
Once made, the choice to be treated as a resident applies to all later years unless suspended (as explained earlier) or ended
in one of the ways
shown in Table 1-1 on the next page.
If the choice is ended for any of the reasons listed in Table 1-1, neither spouse can make a choice in any later tax year.
Table 1–1. Ending the Choice
Revocation
|
•
|
Either spouse can revoke the choice for any tax year.
|
|
•
|
The revocation must be made by the due date for filing the tax return for that tax year.
|
|
•
|
The spouse who revokes must attach a signed statement declaring that the choice is being revoked. The statement
revoking the choice must include the following:
|
|
|
•
|
The name, address, and social security number (or taxpayer identification number) of each spouse.
|
|
|
•
|
The name and address of any person who is revoking the choice for a deceased spouse.
|
|
|
•
|
A list of any states, foreign countries, and possessions that have community property laws in which either spouse is
domiciled or where real property is located from which either spouse receives income.
|
|
•
|
If the spouse revoking the choice does not have to file a return and does not file a claim for refund,
send the statement to the Internal Revenue Service Center where the last joint return was filed.
|
Death
|
•
|
The death of either spouse ends the choice, beginning with the first tax year following the year the
spouse died.
|
|
•
|
If the surviving spouse is a U.S. citizen or resident and is entitled to the joint tax rates as a
surviving spouse, the choice will not end until the close of the last year for which these joint rates may be used.
|
|
•
|
If both spouses die in the same tax year, the choice ends on the first day after the close of the tax
year in which the spouses died.
|
Divorce or
Legal separation
|
•
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A divorce or legal separation ends the choice as of the beginning of the tax year in which the legal
separation occurs.
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Inadequate records
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The Internal Revenue Service can end the choice for any tax year that either spouse has failed to keep adequate
books, records, and other information necessary to determine the correct income tax liability, or to provide adequate access
to those
records.
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The requirements for determining who must pay estimated tax are the same for a U.S. citizen or resident abroad as for a taxpayer
in the United
States. For current instructions on making estimated tax payments, see Form 1040–ES.
If you had a tax liability for 2004, you may have to pay estimated tax for 2005. Generally, you must make estimated tax payments
for 2005 if you
expect to owe at least $1,000 in tax for 2005 after subtracting your withholding and credits and you expect your withholding
and credits to be less
than the smaller of:
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90% of the tax to be shown on your 2005 tax return, or
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100% of the tax shown on your 2004 tax return. (The return must cover all 12 months.)
If less than two-thirds of your gross income for 2004 or 2005 is from farming or fishing and your adjusted gross income for
2004 is more than
$150,000 ($75,000 if you are married and file separately), substitute 110% for 100% in (2) above. See Publication 505 for
more information.
The first installment of estimated tax is due on April 15, 2005.
When figuring your estimated gross income, subtract amounts you expect to exclude under the foreign earned income exclusion
and the foreign housing
exclusion. In addition, you can reduce your income by your estimated foreign housing deduction. However, if the actual amount
of the exclusion or
deduction is less than you estimate, you may have to pay a penalty for underpayment of estimated tax.
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