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Filing Requirements

A 2009 tax return must be filed if your world-wide gross income is at least the amount of your filing status:

Filing Status Amount
Single $9,350
   65 or older $10,750
Head of Household $12,000
   65 or older $13,400
Qualifying widow(er) $15,050
   65 or older $16,150
Married Filing Jointly $18,700
   Not Living with Spouse at Year End $3,650
   One Spouse 65 or older $19,800
   Both Spouses 65 or older $20,900
Married Filing Separately $3,650

Income eliminated by the Foreign Earned Income Exclusion does not count in this calculation. Failure to report this income can result in denial of FEIE.

Income tax returns and tax payments must be received by IRS by the due dates. Unlike tax filers residing within the United States who are not counted as late filing as long as their mailings are postmarked by the due date, expatriates must take care to assure that their mailings are received by the due date. For this reason, filing electronically becomes important.

Although expatriates have until 15 June 2010 (15 October 2009 with extension Form 4868) to assure delivery of their 2009 Income Tax Returns to IRS, they must take care that any taxes owed for 2009 be in the hands of IRS by 17 April 2010. Electronic filing and paying assures promptness. Payments for such liability should be sent with Form 4868 to:

P.O. Box 660575
Dallas, TX 75266-0335

Form 4868 with no tax payment or tax returns should be sent by registered mail to:

INTERNAL REVENUE SERVICE
Austin, TX 73301-0215

Estimated Tax Payments must be made if your expected 2009 tax liability is at least $1,000. These payments are due on 15 April 2009, 15 June 2009, 15 September 2009 and 15 January 2010, and should be sent by registered mail and with Form 1040-ES to:

P.O. Box 1300
Charlotte, NC 28201-1300

INFORMATION RETURNS

Form 5471 concerns financial interest in foreign corporations. This lengthy Form is required filing for the following categories of persons:

  • A shareholder who owns at least 10% of the outstanding stock of a foreign personal holding company
  • A U.S. citizen or resident who is an officer or director of a foreign corporation in which a U.S. peson acquired 10% in stock value
  • A U.S. person who acquires stock valing 10% or else disposes of stock to below the stock ownership requirement
  • A U.S. person who owns more than 50% of the value of a foreign corporation
  • A U.S. shareholder who owns stock in a controlled foreign corporation; control representing »50% ownership by a U.S. person

A U.S. person is 1) a citizen or resident of the United States, 2) a domestic partnership, 3) A domestic corporation, 4) An estate or trust.

If required, Form 5471 should accompany your tax return. Failure to file this Form can incur a $10,000 penalty.

Form TD F 90-22.1 is an annual Report of Foreign Bank and Financial Accounts. This Form requires that you report any interests in foreign financial accounts if the aggregate value of such accounts is at least $10,000. This Form is filed annually to:

U.S. Department of the Treasury
P.O. Box 32621
Detroit, MI 48232-0621

At an annual tax seminar in Seville, Spain, in March, 2002, IRS agent Rick Smith with the Paris Service Centre stated that the proposed penalty for failing to file this Form is $25,000.