# 1040NR and 8938, FBAR ...



## LeonPJR (Dec 25, 2017)

Hi everyone

Quick question regarding International forms and departure year

Here is a quick resume
J
an2017 to March 2017 : Resident in USA
From April 2017 : Resident in France
One week working in the USA in July 2017
Meet the substantial presence test in 2017

The accountant shall claim French tax residency; correct ? 
What about all the international forms ? Do you still have to fill in 8938 and FBAR ?
If so, how to determine the reportable amount ? max of the year ? max of the jan-march period ?

Best regards


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## Bevdeforges (Nov 16, 2007)

It may come down to what sort of visa you were on while in the US. If it's a green card (i.e. immigrant visa) you need to have properly terminated your green card status.

But, if you meet the substantial presence test for 2017, you may be stuck filing both US returns and a regular French tax declaration. https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test
Cheers,
Bev


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## BearDown (Sep 20, 2014)

To add to Bevdeforges, just because you meet the substantial presence test, it does not mean your client will necessarily be considered a US resident for tax purposes. They may qualify as having a closer connection to France and thus be able to file as a nonresident.

Unfortunately, without having more information on hand, it's not possible to make this determination.


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## Moulard (Feb 3, 2017)

> The accountant shall claim French tax residency; correct ?


As both Bev and BearDown imply, what makes you a resident for tax purposes in the US may not be the same as for France. 

For example if you held a green card then you are still a tax resident of the US until you return it via Form I-407 even if you could not re-enter the US on it because the UCIS had deemed you had abandoned residency.


Differences it rule, particularly about concepts of residency, where ones abode is etc, and variation in fiscal or tax years means one can sometimes make things complicated and you have to go to the treaty for a tie-breaking decision.



For your next two questions I am going to assume you end up filing a dual status return....



> What about all the international forms ? Do you still have to fill in 8938 and FBAR ?


8938 instructions say that you must file if you were a US citizen or resident alien for any part of the tax year. So the 8938 would be attached to the 1040 variant you file for the part of the year you were a US tax resident.

FBAR instruction give no guidance on dual status. My personal interpretation means that is that if you were a US person on the last day of the tax year, then you file if were were not a US person on the last day, you do not need to file. 



> If so, how to determine the reportable amount ? max of the year ? max of the jan-march period ?


From Form 8938 Instructions 



> Specified individual filing as a nonresident alien at the end of his or her taxable year.
> 
> You are not required to report specified foreign financial assets on Form 8938 for the portion of your taxable year covered by Form 1040NR or Form 1040NR-EZ, provided you comply with the filing requirements of Treasury Regulations section 301.7701(b)-7(b) and (c), including the requirement to timely file Form 1040NR or Form 1040NR-EZ, as applicable, and attach Form 8833.


FBAR... as indicated above, I don't think you need to file, unless you were a US person on 31 Dec 2017 my reading of the instructions says nothing about a partial year type filing requirement.


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## LeonPJR (Dec 25, 2017)

Hi everyone 

Many thanks for your feedback 
I am sorry for getting back so late on this. I didn’t see your post 

Few more information
Visa E2 
No greencard
Single 

From what you say I understand 
Not a resident alien from April 2017
Therefore not a Specified US person on December 31st 2017
Therefore no fbar filling requirement ?

Regarding the filling options
My understand was that double statu was the only option. What are the others ?

Best regards


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