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Level 5
December 30, 2023
Solved

3 stupid questions

  • December 30, 2023
  • 2 replies
  • 0 views

1. I assume oversea electricity bill accounts shouldnt be reported into Fbar /8938, right?

2. Fbar/8938 are only needed for US resident alien but not for non-US resident alien, right?

3. For my friend, his baby is an American. The couples are not the American and they do not live in the US. Does the baby need to report US tax before university graduation ? What is the minimum requirement for the baby to report tax?

 

Thanks,

 

H

Best answer by DaveF1006

this is interesting


No.  There is no credit for the NAR tax on a US tax return because there is no income to apply it to.

2 replies

Level 15
December 30, 2023

I will page @pk12_2

Level 15
December 30, 2023

@Helen123 

1. I assume oversea electricity bill accounts shouldnt be reported into Fbar /8938, right?

FBAR and FAYTCA requires  ONLY the reporting of  Foreign Bank accounts ( and the amounts therein ) and  other Specified Assets  ( generally liquid  or semi liquid )

 

2. Fbar/8938 are only needed for US resident alien but not for non-US resident alien, right?

FBAR and FATCA rules apply ONLY to US persons ( citizen / GreenCard / Resident for tax purposes )

 

3. For my friend, his baby is an American. The couples are not the American and they do not live in the US. Does the baby need to report US tax before university graduation ? What is the minimum requirement for the baby to report tax?

A US person ( as defined above )  generally would not be required to file a return on world income unless  the  person is  no-longer a dependent of the parents and makes  more than US$4400 ( I think -- it is ion that neighborhood).

 

And NO , the questions are NOT STUPID at all.

 

Is there more I can do for you?

pk

 

 

Helen123Author
Level 5
December 30, 2023

many thanks.

 

So, I assume for Q1 and 2, my original understandings are correct. For 3, if the parents of American baby are not American and they do not live in the USA, the baby doesnt need to report anything to IRS when they are the depent of the parents.

 

Can you please finally confirm my understanding is correct?

 

Much appreciated.

 

H

Level 15
February 10, 2024

Many thanks. The parents want to help kid to open the bank in the UK, not in the US. In the UK , there are bank account for junior, I do not know whether US has something similar. That is why they want me help ask before opening it.

 

In the short term, because parents need to pay NAR tax in 2023 and from 2024, they will have 0 income in the US and therefore no need to report any tax anymore in the US, therefore  they want to know whether it is possible to get some deduction for the tax. 

 

does it make sense to you? 

 

 


@Helen123 , @JHH123 ,  reading through your  post  what I get is that the parents ( NRAs) are  trying to set up bank accounts ( for the US citizen child) in reserve currency  -- US$ or UKL-- ( to protect against currency effects of national currency ? ).   Which country are they ( parents ) from? -- perhaps  the tax treaty  between home country  and  US/UK might allow  mechanisms to help in their quest.

 

It appears that we have answered  your query ( ies) on this subject and therefore the thread could be closed ---  if that is the case  the  you need to accept the answer(s) as "accepted".  Else  tell me what more we can do for you, please?

 

Generally agreeing with colleague @DaveF1006  that  child credit  may not be available because of no  US taxable income, but more germane is the fact that  the parents are filing 1040-NR for 2023  ( although I don't understand  why, unless they were here only for the birth of the child ? ) and that  the parents  will not (?) want to be treated as a resident for tax purposes for the year 2024.  The main thing is that any earnings  whether  in the name of the child or the parents and sourced/ connected to US  will be taxed per the tax treaty between the resident/home country of the parents and the US .

 

If there is more help needed by the parents on this or similar tax issues , please consider  having the parents start a new thread.

 

pk