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tax procedure once back in the U.S.

 
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moldenke



Joined: 04 Oct 2007

PostPosted: Thu Feb 19, 2009 12:28 pm    Post subject: tax procedure once back in the U.S. Reply with quote

I taught at a hagwon from September '07 till September '08. I'm back in the states, and still clueless about what I should do for an IRS tax return.

I didn't file last year, and I probably don't HAVE to, but I've heard I could potentially get a refund. . .

I imagine it wouldn't be very complicated, but none of the information/advice I've found is specific enough for my case (individual, typical hagwon contract).
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bassexpander



Joined: 13 Sep 2007
Location: Someplace you'd rather be.

PostPosted: Thu Feb 19, 2009 5:02 pm    Post subject: Reply with quote

Yes, you DID have to file. Even though you made less than 80 thou here, you should have filed. It's the law. Get caught and you'll get penalized for it! Complete the filing before you are caught, and you'll be OK, even though late (so I've heard).

Hurry, hurry!
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Tobias



Joined: 02 Jun 2008

PostPosted: Fri Feb 20, 2009 3:51 am    Post subject: Reply with quote

I think you're exempt for what you earned overseas in 2008. If you were outside the US for 330 days out of 365 consecutive days, you pass the presence test for 2008 and can claim the exemption. The beginning day of the stretch can, of course, be in 2007.

It's 2007 you may have to pay taxes on. If you were in the USA more than 35 days in 2007, you'll have to pay taxes on everything you earned in 2007.....Even that which you earned overseas in 2007.

It sucks, but apparently the best time to come to one of these overseas teaching gigs is January 1 through June 15. After June 15, you run up against the two-month extension deadline.

To clarify, assume you start a contract on June 1. You then work June-December and are done for that US tax year. You don't leave Korea during your contract, and you file your tax return on June 2 of the next year, the day after your contract expires. You qualify for the exemption because you pass the presence test. You spent 330/365 days overseas.

If you begin your contract on July 1, you'll work July-December and be done with the tax year. The absolute deadline for filing a return for that year is June 15 of the next year, meaning you will fail the presence test. 365 days will have not elapsed since you started. You will have to pay taxes on the July-December amount. This, of course, assumes you respect the deadline of June 15.
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cedarseoul



Joined: 16 Feb 2008
Location: nowon-gu

PostPosted: Fri Feb 20, 2009 5:57 pm    Post subject: Reply with quote

Tobias wrote:
If you begin your contract on July 1, you'll work July-December and be done with the tax year. The absolute deadline for filing a return for that year is June 15 of the next year, meaning you will fail the presence test. 365 days will have not elapsed since you started. You will have to pay taxes on the July-December amount. This, of course, assumes you respect the deadline of June 15.


This is inaccurate. The absolute deadline is not June 15; that's the automatic deadline for overseas Americans. You can file for an extra 4 months - typically granted automatically - by filling out Form 4868 (I think that's the right number).

Your physical presence / exemption periods can overlap. Thus, it does NOT matter what time of year you move to a foreign country - you can file for an extension and then file your taxes after you've met your physical presence requirement. If you stay abroad for a second year, you can re-use some of the same months to count toward your next physical presence requirement - or you can simply qualify as a "bona fide resident of a foreign country."
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berrieh



Joined: 10 Feb 2009

PostPosted: Fri Feb 20, 2009 6:02 pm    Post subject: Reply with quote

When you FILE has nothing to do with when you're eligible. The extensions are for filing time (to get the paperwork done and in order) after the eligibility period has already elapsed. The taxation period is set in stone - it is from Jan 1-Dec 31 every single year.

Filing time varies (April 15, June 15, October 15, whatever) but you are always filing for the same year. So, this year people are filing taxes for Jan 1, 2008-December 31, 2008. If they were in the country less than 35 days in THAT time, then they don't need to file.

Edited: Okay, so I looked it up. You need to file, but anything under the $87,000ish mark is not counted towards tax liability. But you'd still have to file because presumably you worked in the U.S. during the time you were there. So long as you were out of country for a full year, your income abroad does not count against you - but you still need to file.

From a website distilled in better language:

http://www.taxmeless.com/page4.html
Quote:
If you have your full time residence abroad for a full calendar year, or live there for 330 days out of any consecutive 12 month period, you can exclude up to $87,600 of earned income from U.S. Income Taxation for 2008 and lesser amounts in earlier years. If you are married, and both of you earn income and reside and work abroad, you can also exclude up to another $87,600 of your spouses income from taxation. These exclusions can only be claimed on a filed tax return and is not automatic if you fail to file your Form 1040 for the year it applies as well as the appropriate forms claiming this exclusion.


The IRS site says basically the same thing, but not so straightforward:
http://www.irs.gov/publications/p54/ch04.html#en_US_publink100047498

The bold part is especially important because if you fail to file in a timely fashion, you may actually owe taxes on the income that you otherwise wouldn't!
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cedarseoul



Joined: 16 Feb 2008
Location: nowon-gu

PostPosted: Fri Feb 20, 2009 6:51 pm    Post subject: Reply with quote

berrieh wrote:
Filing time varies (April 15, June 15, October 15, whatever) but you are always filing for the same year. So, this year people are filing taxes for Jan 1, 2008-December 31, 2008. If they were in the country less than 35 days in THAT time, then they don't need to file.


Correct - you file for a calendar year. But the physical presence test is not based on a calendar year - it's any consecutive 12 month period. So if I moved to Korea in July 2008, and I file my taxes for 2008 in July 2009, I've been overseas for 330 days + out of the past 12 months and can claim the physical presence exemption on my foreign earnings from July 2008 - December 2008, even though I lived in American for the first half of 2008.
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Tobias



Joined: 02 Jun 2008

PostPosted: Fri Feb 20, 2009 11:43 pm    Post subject: Reply with quote

cedarseoul wrote:
....
This is inaccurate. The absolute deadline is not June 15; that's the automatic deadline for overseas Americans. You can file for an extra 4 months - typically granted automatically - by filling out Form 4868 (I think that's the right number).



I already knew it was "somewhat" inaccurate, but I posted it anyway. That's the way you get info here. You don't ask for it. That will get you nowhere a lot of the time. The way to get real info is just post stupid shit here somebody will flame.

Now I know about the 4868. Thanks.
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