Due date & extension for filing expatriation tax forms

dmcanuck · Post by **dmcanuck** » Mon Mar 31, 2014 12:40 pm

I'm living in Canada and need to prepare the 1040/1040NR and 8854 tax forms, but am confused as to what is the due date and how to file for an extension of time. My questions are:

1. What is due date for filing these forms? Is it April 15 or June 15?

2. If I want to file for an extension, specifically how to do so?

I'm not sure how to complete the form 4868 in this case and what is my
deadline for filing 4868. Form 4868 has boxes to check for (1) if you are out of the country and a U.S. citizen or resident and (2) if you are filing 1040NR and didn't have wages subject to U.S. withholding tax. Because in the year of expatriating you are a U.S. citizen part of the year and a non-resident alien the remainder I'm not sure if item (1) is applicable. I don't have any wages subject to U.S. withholding but am not sure yet if I will need to file 1040NR. So would I file 4868 with either of these boxes checked or with none of them checked?
I assume one can file for an extension for other than these 2 reasons - is that true?

Since April 15th is rapidly approaching, I'd appreciate answers to the above questions.

nelsona · Post by **nelsona** » Mon Mar 31, 2014 4:07 pm

In general, filing for an extension is meaningless unless you attach a payment for unpaid taxes. If you owe no tax, you automatically have until October 15, regardless of if you live in or out of US. If you do owe taxes and do not pay them by April 15th, the extension will not avoid penalties.

So, don't bother with extension unless you know you are going to owe and you're willing to pay what you owe now.

dmcanuck · Post by **dmcanuck** » Mon Mar 31, 2014 4:18 pm

Nelsona,

I just want to make sure that I am not LATE filing the 8854 because I don't want to be a covered expat due to late filing. So, if I understood your answer you're saying that I could have until Oct 15 to file my 1040/1040NR and 8854 and it would not be considered late filed even if I don't file a 4868 to ask for an extension - is that correct? I get it about the interest penalties if you do owe tax however if you don't pre-pay them.

nelsona · Post by **nelsona** » Tue Apr 01, 2014 10:08 am

If you are concerne, file the extension. It takes <1 minute.

dmcanuck · Post by **dmcanuck** » Tue Apr 01, 2014 11:11 am

Nelsona,

I can file 4868 to ask for an extension but I still need an answer to my second question in my original post of how specifically to fill in 4868:

"2. If I want to file for an extension, specifically how to do so?

I'm not sure how to complete the form 4868 in this case and what is my
deadline for filing 4868. Form 4868 has boxes to check for (1) if you are out of the country and a U.S. citizen or resident and (2) if you are filing 1040NR and didn't have wages subject to U.S. withholding tax. Because in the year of expatriating you are a U.S. citizen part of the year and a non-resident alien the remainder I'm not sure if item (1) is applicable. I don't have any wages subject to U.S. withholding but am not sure yet if I will need to file 1040NR. So would I file 4868 with either of these boxes checked or with none of them checked? "

An answer to this would be very helpful. Thanks.

nelsona · Post by **nelsona** » Tue Apr 01, 2014 11:16 am

I don't do mechanics. Quite frankly, if you cannot fill a nine line form, ask elsewhere. Cover all bases.