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U.S. Tax Extensions
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dharma bum



Joined: 15 Jun 2004

PostPosted: Mon May 14, 2007 6:36 pm    Post subject: U.S. Tax Extensions Reply with quote

I know Americans get an automatic two-month extension before they have to file their taxes, but to qualify for the physical presence text (330 days), I need an extension until around September (I came on September 15, 2006). Does an extension like this exist and, if so, does anyone know the form number for it? If it doesn't exist, is there any other way to handle a situation in which a person doesn't pass the physical presence test until late in the year? I'd really appreciate any help anyone could offer.
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Bibbitybop



Joined: 22 Feb 2006
Location: Seoul

PostPosted: Mon May 14, 2007 7:04 pm    Post subject: Reply with quote

You will need to file IRS form 2350 which is asking for an extention on filing your 2006 taxes. Once you have been in Korea for 330 days you can file your 2006 tax return. You can ask to file before your 360th day in Korea.

If your school has not yet received your Residency Certification you will need to call the IRS to see when they mailed it out to your school. If they do not have your form on file you will need to fill out IRS form 8802. (The IRS will send your school form 6166.) You need to make sure your certification is for both 2006 and 2007. If you plan to stay another year you can also ask for 2008. You will also have to send in a $35.00 processing fee with form 8802. If your school has been taking out taxes and you are a US citizen then they will have to give you all of that money back. So make sure you turn in the proper forms. It takes 30 days to process form 8802.

If you have any other questions you can call the IRS at 1-215-516-2000. You can also find the form 8802 in the IRS website. www.irs.gov.
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dharma bum



Joined: 15 Jun 2004

PostPosted: Mon May 14, 2007 11:18 pm    Post subject: Reply with quote

Thank you very much. Do you know if the Residency Certification is absolutely necessary though? The reason I ask is that I was here from February to July last year but had to leave from July to September. When I did that, I left my job and then became a student here after returning, so there's no employer to fill out the certification form. Do you think I could still fill out the extension application without this?
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dogshed



Joined: 28 Apr 2006

PostPosted: Tue May 15, 2007 3:42 am    Post subject: Reply with quote

dharma bum wrote:
Thank you very much. Do you know if the Residency Certification is absolutely necessary though? The reason I ask is that I was here from February to July last year but had to leave from July to September. When I did that, I left my job and then became a student here after returning, so there's no employer to fill out the certification form. Do you think I could still fill out the extension application without this?


The residency certification is for claiming to be a US resident while in another country. If you are a typical English teacher then you want to do the opposite. You want to be a resident of South Korea so you can be exempt from paying US income taxes.

February to July is not enough time for the 330 day test. You aren't working as a student so you get no exemption. Double check with the IRS. A voip call is cheap.

If you will owe no taxes then an extension is not necessary. Actually the extension itself is no big deal as long as you pay any taxes owed before the filing deadline. The extension does not give you more time to pay. I usually estimate my taxes before the deadline to see what my situation is.


Last edited by dogshed on Sat May 19, 2007 7:01 am; edited 2 times in total
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dogshed



Joined: 28 Apr 2006

PostPosted: Tue May 15, 2007 3:49 am    Post subject: Reply with quote

dogshed wrote:
dharma bum wrote:
Thank you very much. Do you know if the Residency Certification is absolutely necessary though? The reason I ask is that I was here from February to July last year but had to leave from July to September. When I did that, I left my job and then became a student here after returning, so there's no employer to fill out the certification form. Do you think I could still fill out the extension application without this?


The residency certification is for claiming to be a US resident while in another country. If you are a typical English teacher then you want to do the opposite. You want to be a resident of South Korea so you can be exempt from paying US income taxes.

February to July is not enough time for the 330 day test. You aren't working as a student so you get no exemption. Double check with the IRS. A voip call is cheap.

If you will own no taxes then an extension is not necessary. Actually the extension itself is no big deal as long as you pay any taxes owed before the filing deadline. The extension does not give you more time to pay. I usually estimate my taxes before the deadline to see what my situation is.


The question I have is if I'm required to get the residency certification from the IRS to get tax benefits from the Korean government will that keep me from getting the US income tax exclusion?

Will I have to choose between paying US taxes or Korean taxes?
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dogshed



Joined: 28 Apr 2006

PostPosted: Tue May 15, 2007 4:00 am    Post subject: Reply with quote

dogshed wrote:
dogshed wrote:
dharma bum wrote:
Thank you very much. Do you know if the Residency Certification is absolutely necessary though? The reason I ask is that I was here from February to July last year but had to leave from July to September. When I did that, I left my job and then became a student here after returning, so there's no employer to fill out the certification form. Do you think I could still fill out the extension application without this?


The residency certification is for claiming to be a US resident while in another country. If you are a typical English teacher then you want to do the opposite. You want to be a resident of South Korea so you can be exempt from paying US income taxes.

February to July is not enough time for the 330 day test. You aren't working as a student so you get no exemption. Double check with the IRS. A voip call is cheap.

If you will own no taxes then an extension is not necessary. Actually the extension itself is no big deal as long as you pay any taxes owed before the filing deadline. The extension does not give you more time to pay. I usually estimate my taxes before the deadline to see what my situation is.


The question I have is if I'm required to get the residency certification from the IRS to get tax benefits from the Korean government will that keep me from getting the US income tax exclusion?

Will I have to choose between paying US taxes or Korean taxes?


I found this:

An individual is not a bona fide resident of a foreign country if, the individual claims to be a nonresident to the authorities of the foreign country and his/her earned income is not subject to tax in the foreign country because the individual is considered a nonresident in the foreign country.

http://www.irs.gov/taxtopics/tc854.html
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dogshed



Joined: 28 Apr 2006

PostPosted: Tue May 15, 2007 4:02 am    Post subject: Reply with quote

dogshed wrote:
dharma bum wrote:
Thank you very much. Do you know if the Residency Certification is absolutely necessary though? The reason I ask is that I was here from February to July last year but had to leave from July to September. When I did that, I left my job and then became a student here after returning, so there's no employer to fill out the certification form. Do you think I could still fill out the extension application without this?


The residency certification is for claiming to be a US resident while in another country. If you are a typical English teacher then you want to do the opposite. You want to be a resident of South Korea so you can be exempt from paying US income taxes.

February to July is not enough time for the 330 day test. You aren't working as a student so you get no exemption. Double check with the IRS. A voip call is cheap.

If you will own no taxes then an extension is not necessary. Actually the extension itself is no big deal as long as you pay any taxes owed before the filing deadline. The extension does not give you more time to pay. I usually estimate my taxes before the deadline to see what my situation is.


I'm not sure if the February to July income would qualify for the exclusion since it is not part of your 330 day period. That will take some research.
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mehamrick



Joined: 28 Aug 2006
Location: South Korea

PostPosted: Tue May 15, 2007 4:04 am    Post subject: Reply with quote

I am with the above on this one.. If you have a w-2 from the states you will have to file a return on that.. you will not be exempt from it.
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mole



Joined: 06 Feb 2003
Location: Act III

PostPosted: Tue May 15, 2007 5:37 am    Post subject: Reply with quote

Not recommended, but I tend to get over..
I never filed, then finally filed '97~'03 all in one envelope in late '04.
Never filed for extensions, either.
Now I'm only 3 returns behind. Embarassed
(DID file for extension for '06, though.)
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Bibbitybop



Joined: 22 Feb 2006
Location: Seoul

PostPosted: Tue May 15, 2007 6:17 am    Post subject: Reply with quote

mole wrote:
Not recommended, but I tend to get over..
I never filed, then finally filed '97~'03 all in one envelope in late '04.
Never filed for extensions, either.
Now I'm only 3 returns behind. Embarassed
(DID file for extension for '06, though.)


How's your credit rating doing for not filing? Embarassed
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J.B. Clamence



Joined: 15 Jan 2003

PostPosted: Tue May 15, 2007 9:06 am    Post subject: Re: U.S. Tax Extensions Reply with quote

dharma bum wrote:
I know Americans get an automatic two-month extension before they have to file their taxes, but to qualify for the physical presence text (330 days), I need an extension until around September (I came on September 15, 2006).


I think you are confused as to what an extension is. You have to file taxes for 2006 (January-December). Whether you file now or you wait until the extended June 15 deadline for expats, or even get a later extension, that doesn't change the fact that you are filing for the Jan-Dec period. If you need to change the time period of the year, you can file a form to make it so that you are filing from Sept-Sept.
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Zyzyfer



Joined: 29 Jan 2003
Location: who, what, where, when, why, how?

PostPosted: Tue May 15, 2007 9:37 am    Post subject: Reply with quote

Bibbitybop wrote:
mole wrote:
Not recommended, but I tend to get over..
I never filed, then finally filed '97~'03 all in one envelope in late '04.
Never filed for extensions, either.
Now I'm only 3 returns behind. Embarassed
(DID file for extension for '06, though.)


How's your credit rating doing for not filing? Embarassed


Mine's doing just fine.
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lastat06513



Joined: 18 Mar 2003
Location: Sensus amo Caesar , etiamnunc victus amo uni plebian

PostPosted: Tue May 15, 2007 12:16 pm    Post subject: Reply with quote

You get a 3-year grace period for each tax year you spend overseas. The extension is used and given if you owe "uncle sam" tax money (IE, working for a government entity or for a US-owned company), but if your income is foreign-originated, you can file a form 1040 (you can file a 1040EZ if you are single and are not married) to declare your formal income and then attach it to a form 2555, that gives the dates you spent overseas, that might qualify you for the overseas tax exemption.

To qualify for the tax exemption;

1. You need to be away from the US for 1 full calendar year.
2. Be away from the US for a time that adds up to 12 months from the time you left the US.

I know this because I filed last October for TY-2002 all the way to TY-2005 with no problems. And for TY-2006, this is my first year filing for income coming from my work in the US.

Go consult with a tax expert before accepting any info on this board to make sure you are getting accurate info about how to file taxes. It can save you alot of money and headaches.... Wink
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dharma bum



Joined: 15 Jun 2004

PostPosted: Tue May 15, 2007 5:00 pm    Post subject: Reply with quote

Thanks again to everyone for the help. To respond to some of the replies, I'm a little concerned too about whether I can include income (even though it was earned overseas) that was earned outside of my physical presence test qualifying period. However, I remember from filling out the form before that you do some calculation based on the number of days of your physical presence test qualifying period that were part of the tax year (in this case 2006) and, from that, are given your exemption amount. In my case, I believe this amount will be enough to cover the amount I earned from March to July of last year (as long it's possible to use the exemption toward that income).

In terms of W2s from the States, I don't have one for one last year so that's not an issue. I've thought about changing my filing period, but that's not really what I want to do here. Instead, I'm just trying to pass the physical presence test for last year's return.

With all that said, does anyone with any insight into the foreign-earned income from outside of the physical presence test period question? Thanks again for all of the responses. They've brought up some good questions and been very helpful.
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dogshed



Joined: 28 Apr 2006

PostPosted: Wed May 16, 2007 1:26 pm    Post subject: Re: U.S. Tax Extensions Reply with quote

J.B. Clamence wrote:
dharma bum wrote:
I know Americans get an automatic two-month extension before they have to file their taxes, but to qualify for the physical presence text (330 days), I need an extension until around September (I came on September 15, 2006).


I think you are confused as to what an extension is. You have to file taxes for 2006 (January-December). Whether you file now or you wait until the extended June 15 deadline for expats, or even get a later extension, that doesn't change the fact that you are filing for the Jan-Dec period. If you need to change the time period of the year, you can file a form to make it so that you are filing from Sept-Sept.


The OP can answer but I think the OP knows what an extension is. The point of waiting is to meet the 330 day physical presence test. I got here in October.

The irs told me I have two choices:
Option one: I can file now and pay taxes on my Korean income (October-November 2007) along with my US income in 2007 and then amend my return once I've been here 330 days and then get the taxes on the Korean income returned to me.

Option two: I can file after meeting the 330 day test and then I will get a refund.

Keep in mind that if I owe any taxes after passing the 330 day test then I need to pay those before the April tax deadline. That's the same for any extension or late filing.
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