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Sticky? How to file your U.S. taxes your first year in Korea

 
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Threequalseven



Joined: 08 May 2012

PostPosted: Thu Feb 14, 2013 4:06 am    Post subject: Sticky? How to file your U.S. taxes your first year in Korea Reply with quote

I filed my U.S. tax return for 2012 last night. However, I was wrongfully under the impression that I didn't need to file my income since working in Korea. I started working here in late September, which means I've earned three paychecks abroad.

To qualify for the tax exemption, you need to be here for 330 days and you need to complete at Form 2555. I did a ton of searching on this forum, but nobody seems to answer this question: What do I do about the income I made in Korea in 2012? I haven't been here for 330 days yet, but it still shouldn't be taxed, right?

Since every American who works here is legally required to file all their income, this shouldn't be too obscure. How does this work? Do I file my income and just let it get taxed the first year? Is there an honor system where I say I'm going to be here for a year and the IRS just believes me? Should I not even worry about filing this income until 2013? There are countless posts on this forum about what people should do after two years here, but nobody has mentioned how the first year works. It's as if everybody started working here in January. Confused


Last edited by Threequalseven on Thu Feb 14, 2013 8:21 am; edited 1 time in total
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Drew345



Joined: 24 May 2005

PostPosted: Thu Feb 14, 2013 4:42 am    Post subject: Reply with quote

The 330 days in 12 months window is a "sliding" window; it doesn't have to be a calendar year for the 12 months. So you are right that you can connect the last 3 months last year with the first 9 months this year to make it exempt. Here it is from the IRS website:
http://www.irs.gov/Individuals/International-Taxpayers/Foreign-Earned-Income-Exclusion---Physical-Presence-Test
quote -- --
How To Figure The 12-month Period
There are four rules you should know when figuring the 12-month period:
Your 12-month period can begin with any day of the month. It ends the day before the same calendar day, 12 months later
Your 12-month period must be made up of consecutive months. Any 12-month period can be used if the 330 days in a foreign country fall within that period
You do not have to begin your 12-month period with your first full day in a foreign country or to end it with the day you leave. You can choose the 12-month period that gives you the greatest exclusion
In determining whether the 12-month period falls within a longer stay in the foreign country, 12-month periods can overlap one another
end quote -- --

You do bring up an interesting point though about the first year. How to file it when you are going to be here more than a year but not yet been here a year. I can't think of any other way than you did. Deduct it and go back and amend it if you end up not being here a year. Good question.
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Threequalseven



Joined: 08 May 2012

PostPosted: Thu Feb 14, 2013 6:07 am    Post subject: Reply with quote

Thanks for the input. I know the 330 days doesn't have to be all within one calendar year. I just figured the only way to fit it all in the first tax return would be if you started working in January (which, of course, very few people actually do).

At this point, I'm just curious what others have done in their first year. Did you include your income in Korea on your 1040? If so, I assume that you'd have had to pay tax on it... unless there's a workaround that I don't know about. I wonder how many ESL teachers never file a thing and never give a thought toward any of this.
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Threequalseven



Joined: 08 May 2012

PostPosted: Thu Feb 14, 2013 8:14 am    Post subject: Reply with quote

After a night's worth of research and a call to the IRS, I figured out exactly what you're supposed to do as a U.S. citizen. (This should probably be a sticky.) In IRS Publication 54, page 4, it states the following:

The IRS wrote:
Extension of time to meet tests.
You generally cannot get an extension of more than 6 months. However, if you are outside the United States and meet certain requirements, 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.

1. You are a U.S. citizen or resident alien.
2. You expect to meet either the bona fide residence test or the physical presence test, but not until after your tax return is due.
3. 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 for an exclusion or deduction 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 until after the end of the second year.

How to get an extension.
To obtain an extension, file Form 2350 either by giving it to a local IRS representative or other IRS employee or by mailing it to the:

Department of the Treasury
Internal Revenue Service Center
Austin, TX 73301-0045

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.


For ESL teachers in your first year, you will need to apply for an extension so you can meet the requirements for the "physical presence test". In short, if you live in a foreign country for 330 consecutive days, your income up to $95,000 or so is excluded from taxation. So, for example, if you move to Korea in August 2013, you'll need to file form 2350 (Application for Extension of Time to File U.S. Income Tax Return) for your 2013 tax returns. Then, after living in Korea for one year, you officially pass the the physical presence test and you can file your taxes in August or September of 2014. Here are the documents you'll need:

IRS Publication 54 - http://www.irs.gov/pub/irs-pdf/p54.pdf
(Pg. 4 - Extensions, Pg. 15 - Physical Presence Test)

IRS Form 2350 - http://www.irs.gov/pub/irs-pdf/f2350.pdf
(Application for Extension of Time to File U.S. Income Tax Return)

Now, after having researched all of this, I wonder how many American ESL teachers in Korea actually went through all of these steps their first year. Rolling Eyes
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mayorhaggar



Joined: 01 Jan 2013

PostPosted: Thu Feb 14, 2013 9:18 am    Post subject: Reply with quote

Thanks for posting that, especially with the links to the forms we need. I'm going to bookmark this for when I do my taxes next year. (I'm about to start teaching with EPIK)
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Thu Feb 14, 2013 12:47 pm    Post subject: Reply with quote

I thought there was an upper limit we could make before filing, like 90,000 USD.

http://forums.eslcafe.com/korea/viewtopic.php?t=199757
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jackson7



Joined: 01 Aug 2006
Location: Kim Jong Il's Future Fireball

PostPosted: Thu Feb 14, 2013 1:43 pm    Post subject: Reply with quote

Americans living abroad receive an automatic 2-month extension, so if you need more time to fill your 330 days, you can file for it pretty easily.

There is an upper limit of income EARNED ABROAD that is tax exempt, but if you have any investments, etc., you'll still want to file to be sure you avoid any penalties on non-paid tax.

Other benefits to filing include possible rebates that may be coming your way (I received a few hundred bucks from Obama's stimulus plan a few years ago, even though I paid no tax that year), and continuing a credit record. I have filed every year since I've been here, which has maintained income history for me in the States. This has made it MUCH easier for me when I approach banks there inquiring after loans for investments or properties.

With services like Turbo Tax and the like, it's really silly NOT to file, even if you are sure you won't be paying any tax. I've used Turbo Tax for the past seven years, and it takes less than 15 minutes to do everything, file, and feel good about getting this yearly "chore" out of the way.


J7
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Swampfox10mm



Joined: 24 Mar 2011

PostPosted: Thu Feb 14, 2013 5:54 pm    Post subject: Reply with quote

YTMND wrote:
I thought there was an upper limit we could make before filing, like 90,000 USD.

http://forums.eslcafe.com/korea/viewtopic.php?t=199757


Heck no. You still file. States differ on their rules tho.
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Threequalseven



Joined: 08 May 2012

PostPosted: Thu Feb 14, 2013 8:06 pm    Post subject: Reply with quote

jackson7 wrote:
Americans living abroad receive an automatic 2-month extension, so if you need more time to fill your 330 days, you can file for it pretty easily.

This is true. There are actually four different types of extensions which are all explained on page 4 of the publication I linked above. Also, once you qualify for the tax exclusion, you need to include the income you've earned in Korea on line 7 of Form 1040 and also file Form 2555 so you actually get the exclusion. Cheers! Very Happy
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isitts



Joined: 25 Dec 2008
Location: Korea

PostPosted: Thu Feb 14, 2013 11:49 pm    Post subject: Re: Sticky? How to file your U.S. taxes your first year in K Reply with quote

Threequalseven wrote:
I filed my U.S. tax return for 2012 last night. However, I was wrongfully under the impression that I didn't need to file my income since working in Korea. I started working here in late September, which means I've earned three paychecks abroad.

To qualify for the tax exemption, you need to be here for 330 days and you need to complete at Form 2555. I did a ton of searching on this forum, but nobody seems to answer this question: What do I do about the income I made in Korea in 2012? I haven't been here for 330 days yet, but it still shouldn't be taxed, right?

Since every American who works here is legally required to file all their income, this shouldn't be too obscure. How does this work? Do I file my income and just let it get taxed the first year? Is there an honor system where I say I'm going to be here for a year and the IRS just believes me? Should I not even worry about filing this income until 2013? There are countless posts on this forum about what people should do after two years here, but nobody has mentioned how the first year works. It's as if everybody started working here in January. Confused


There's already a sticky on US taxes:
http://forums.eslcafe.com/korea/viewtopic.php?t=185469

But I guess, more specific to your question, what Drew345 said, along with what you found out with the extensions (you can file two of them, and if you had started working in July or August, that sould easily give you 330 days) should be helpful.

There�s also the fact that on the 2555 long form (not the EZ), you can pro rate the days under 330 and still come out all right. It would just reduce the amount that you could claim exemption for (so it would be less than $90,000�the more days under 330, the less you can claim exemption for).

Though�three months is way under 330, you probably wouldn�t be able to claim exemption. But that�s where Drew�s suggestion comes in handy.

Nothing confusing about US taxes, is there? Wink
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pumpkinstuffing



Joined: 30 Jan 2012

PostPosted: Sun Mar 31, 2013 12:29 am    Post subject: Reply with quote

Question - TurboTax allows you to file an online extension form 4868, which is the application for automatic extension of time to file. Is that sufficient if I need the extension to qualify for the physical presence test or do I need to mail the IRS Form 2350?
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isitts



Joined: 25 Dec 2008
Location: Korea

PostPosted: Sun Mar 31, 2013 9:37 pm    Post subject: Reply with quote

pumpkinstuffing wrote:
Question - TurboTax allows you to file an online extension form 4868, which is the application for automatic extension of time to file. Is that sufficient if I need the extension to qualify for the physical presence test or do I need to mail the IRS Form 2350?


Should be the 2350, but TurboTax would know that. There's no reason that can't be filed online, too. Are you trying to use the free version? You need to use a paid version if you're going to file a 2555.
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