Question on filing an extension. What is the difference between forms 2350 and 4868? If I am going to file foreign earned income, why can I not use a simple 4868? Thx

[AnthonyC · Accepted solution]

Form 2350 is only to be used when you need additional time to file your return in order to qualify for the special tax treatment using the bona fide residence test or the physical presence test.  Form 4868 is the regular extension form that is used in all other cases.  

You only really need to use Form 2350 if you won't be able to qualify using the physical presence test using one of the other extension methods - either automatic 2 month extension for taxpayers outside of the country or using Form 4868.

So, if you already qualify for the exclusion based on one of the testing methods (or if you will within 6 months), then you can just file a regular extension (Form 4868).  You don't have to use Form 2350 in this case.  If you needed more time than the 6 months, then you would need to use Form 2350.

[anar900]

Thanks Anthony. I moved overseas in August of 2016. My understanding is that by filing 4868 I will get an extension to a date past the date I will meet the physical presence test. Quick follow up question. Do I have to request an extension if I know that I don't owe any taxes (will get a refund). Can I just leave everything as is, and file my 2016 taxes when I will meet the 330 days physical presence test? Thank you.

[AnthonyC]

Technically, you could do that as there wouldn't be any penalty.  But, its best to file the extension just in case.  You never know what might happen with your return until its actually filed out.

[izabelau]

Hi, I already filed my 2016 taxes with all of my foreign income NOT excluded before I knew about the ability to file for an extension until I met the exclusion requirements.  I want to use form 2350 to request this extension because I will be able to exclude my foreign income in a few months, but how should I send it if I have already submitted by 2016 taxes?  Do I need to also send any other form to make amendments?