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Relinquishing Citizenship

I relinquished my citizenship last week. I have not been in the U.S. any day this year. I am a noncovered expatriate on form 8854. 

 

My question relates to my 1040NR. Everything I have read from the IRS states 'covered' expatriates must file a split year return. Please see below. Since it specifically states covered expatriates many times does that mean my filing requirement is different as a non-covered expatriate. 

B. Income tax returns

Initial filing obligations for the year of expatriation. A covered expatriate must file a dual-status return if he or she was a U.S. citizen or long-term resident for only part of the taxable year that includes the day before the expatriation date. A dual-status return requires the covered expatriate to file a Form 1040NR with a Form 1040 attached as a schedule. See Treas. Reg. § 1.6012-1(b)(2)(ii)(b), Treas. Reg. § 1.871-13, and chapter 6 of IRS Publication 519 for the requirements for filing a dual-status return. If the covered expatriate’s expatriation date is January 1, then he or she will not be required to file a dual-status return.

 

Thank you

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2 Replies
M-MTax
Level 12

Relinquishing Citizenship

You need to consult with a tax attorney who has experience in handling U.S. citizens who renounce their U.S. citizenship. 

 

TurboTax does not support Form 1040-NR (although Sprintax does).

See https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-forms/turbotax-handle-form-1040-nr-n...

 

Essentially, however, the primary difference between "covered" and "non-covered" is whether you owe the "exit tax" (which is primarily based on your net worth and past 5-year tax liability).

 

Relinquishing Citizenship

The best person to help you on this board will be @pk

 

In general, you would only need to file a 1040-NR to report and pay US tax on income that was US-sourced but paid to you after you expatriated.  You do not need to report foreign income on a 1040-NR.  Sourcing of income is described here.

https://www.irs.gov/individuals/international-taxpayers/nonresident-aliens-sourcing-of-income

 

So you need a form 1040 that reports and pays tax on all your world-wide income from 1/1/25 through the relinquish date, and a form 1040-NR that reports and pays US tax on only US-source income paid after the relinquish date, if you have any.  The instructions say to file the 1040-NR with the form 1040 as an attachment. 

 

Turbotax does not handle this situation.  It can prepare the 1040, but not the 1040-NR, and it can't file for you.  You might be able to use Turbotax to prepare the 1040 portion, then have someone else prepare the 1040-NR, then combine them and mail them together.  Or see a tax pro who can help you. 

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