I'm reaching out about form 8854- does a short term resident of 4 years needs to file it? I can see it says those who must file are citizens or LT residents of 8+ years.

[gtpeach44]

Hello, I'm reaching out about form 8854 with an eligibility question. I can see in the instructions on IRS.gov it says those who must file are (1) citizens or (2) long term residents as defined below (residents of 8 years + in the last 15 years). What the form doesn't say is if green card holders who are not classified as long term residents need to file the form (residents of 3-4 years). Can you please advise?

[DaveF1006]

No, based on the IRS rules and the specific "Long-Term Resident" (LTR) criteria,. Since you have only held your green card for 4 years, you do not meet the definition of a Long-Term Resident, and therefore, you are not required to file Form 8854.

[gtpeach44]

Thanks, that's what I thought based off the instructions. I have been wondering if in the future the IRS could say I had to do it if their definitions of long term residents or something change. Would it do more harm than good to fill out the form now to prevent any future potential issues, or do you think it's unlikely there would be any issues?

[MarilynG1]

If the IRS changed their definition of Long Term Residents in the future, it wouldn't apply to the return you're filing for 2025, so you should not have any issues with your return.

@gtpeach44