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Returning Member
posted Dec 17, 2020 4:33:40 PM

1040-C form question - who needs to file?

Hello! Does green card holder needs to file form 1040-C if he leaves country temporarily, or requirement only applies to those who depart permanently?

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5 Replies
Level 15
Dec 17, 2020 5:08:01 PM

Read the rules here :  https://www.irs.gov/forms-pubs/about-schedule-c-form-1040

Returning Member
Dec 17, 2020 5:43:45 PM

Thank you, but this is where I started. It is not obvious. I was told by several people that words "depart" and "leave" clearly mean "permanently leave" there, but that is not clearly stated anywhere.

Level 15
Dec 17, 2020 5:54:35 PM

If you were not leaving permanently then you would have no reason to file the 1040-C ... you would continue to file the 1040 or 1040NR as needed.   

Returning Member
Dec 17, 2020 6:22:04 PM

But link you sent me says:

 

If you furnish the IRS with information showing, to the satisfaction of the IRS, that you intend to return to the United States and that your departure does not jeopardize the collection of income tax, you can get a sailing or departure permit by filing Form 1040-C without having to pay the tax shown on it.

 

So, if I intend to return, I have to file it too, just no need to pay. Or I don't have to file at all?

Level 15
Dec 17, 2020 6:34:26 PM

Seek local professional guidance in this matter ... this form is solely for answering form 1040 questions for users of the TT program.