# Declare dual citizenship on IRS 2555?



## lutin

I did a couple of searches and wasn't able to find an answer to this question. If you know it exists elsewhere, feel free to send a link. 

I'm a US expat staying in Europe on an EU passport. I am preparing my 2013 taxes and wondering what to enter on Form 2555 as my reason for staying here. Officially, it's because I have work in NL and an EU passport. Is that a reasonable thing to tell the IRS? My guess is "no problem" but I haven't had much luck googling this specific issue and would appreciate advice. Thanks!


----------



## BBCWatcher

I have IRS Form 2555 (2013) in front of me. Every question has a number. What's the number of the question you're asking about?


----------



## lutin

BBCWatcher said:


> I have IRS Form 2555 (2013) in front of me. Every question has a number. What's the number of the question you're asking about?


Question 15(b): Enter the type of visa under which you entered the foreign country.


----------



## Bevdeforges

Have always responded to that one "n/a" - never had no "steenking" visa (long, involved story) and now am a dual national. If you don't have a visa, you don't have a visa. 
Cheers,
Bev


----------



## BBCWatcher

That'll work. Another idea is "European Union status: no visa required." That question doesn't require you to disclose your other citizenship unless you wish.


----------



## ruksack

Bevdeforges said:


> Have always responded to that one "n/a" - never had no "steenking" visa (long, involved story) and now am a dual national. If you don't have a visa, you don't have a visa.
> Cheers,
> Bev


Hi Bev,

I am currently filling out form 2555 (for the 2013 tax year) myself. I have entered 1st July, 2010 for the 'date bona fide residence began' question, because I believe that I am supposed to enter the actual date on which my residence began, not the first day of the tax year for which I am filing (not 1/1/2013, in other words). I hope this is correct.

I am also wondering about the same question as that posted above ("Type of Visa under which you entered the foreign country"). I originally entered the country (UK) on a spouse visa, but since then I have been granted indefinite leave to remain and, later, citizenship. What would you advise that I enter here?

The original visa - the spouse visa - did obviously come with a time limit ("Check here if your Visa limited the length of your stay or employment in a foreign country") but I am on no such time limit now, so again, I am wondering what to enter, here.

I was in a quandary about whether to choose the 'bona fide residence' qualification or the 'physical presence' qualification. I ended up choosing the former. I have my permanent home in the UK, and I only return to the US to visit my family. I was only out of the country, in the year for which I am filing (2013) for just over two weeks. I was in the US, visiting family, during that time. Should I have chosen the 'physical presence' option instead?


Thank you very much for reading the above. It's a bit of a headache doing this for the first time!
ruksack


----------



## Bevdeforges

First time is the toughest - all the decisions to make After that, you just kind of copy last year's form ad infinitum.

As for the date you began your bona fide residence - after the first year, the actual date doesn't really matter. I've generally just filled in the year - until you use a tax program that won't let you do that, and then I just use a guesstimate.

Frankly, since you're eligible for bona fide resident status, I'd go with that. The one "trick" with physical presence is that, if you spend more than 30 days in the US, you risk not meeting the 330 days in 365 for physical presence. The year my mother died, I was back in the US for 35 or 40 days - but since I've taken bona fide resident since my first full year overseas, it wasn't an issue.

The visa question is something of a throw-away. There's no problem if you just put n/a (probably "not relevant" would be more appropriate) and as a UK national, you pretty much automatically qualify as "bona fide resident" at this point. You still need to put the dates you entered and left the US during the tax year - but as long as you spent no time on business, that information really has no effect on your tax filing.
Cheers,
Bev


----------



## ruksack

Excellent. Thank you again, Bev. Thank you.


----------



## ruksack

Hello again,

I'm nearly ready to submit my 2013 tax return. I'm using TaxSlayer(.com) and it reports that e-filing is not possible, when filing state taxes for Idaho with 'residency status' set to 'nonresident'.

I have tried searching online to determine whether or not I can simply file a federal tax return and not a state (specifically, Idaho) tax return, but I can't find a definitive answer.

My thinking is that, given that my answer to the question 'what is your current state of residency' is non-applicable, I can simply skip the state filing section. Any advice would, as always, be greatly appreciated.


ruksack


----------



## Bevdeforges

Why do you think you should file an Idaho state tax form? Normally you would do that only if you were resident in Idaho during the tax year - or if you somehow had Idaho state taxes withheld, which you were looking to get back.

Based on what you've said so far, you have no state residency and so have no need to file a state tax return. Just file the federal return and you're done.
Cheers,
Bev


----------



## ruksack

Bevdeforges said:


> Why do you think you should file an Idaho state tax form? Normally you would do that only if you were resident in Idaho during the tax year - or if you somehow had Idaho state taxes withheld, which you were looking to get back.
> 
> Based on what you've said so far, you have no state residency and so have no need to file a state tax return. Just file the federal return and you're done.
> Cheers,
> Bev


Excellent; I will file the federal tax return only (I don't have Idaho state taxes withheld and I most certainly was not a resident in ID during the tax year).

Thank you, Bev.


ruksack


----------



## ruksack

I'm currently looking for a way to prepare my 2011 and 2012 taxes for free, online, before printing and posting them to the IRS (I don't believe the IRS accept e-filed returns for prior tax years). Does anyone know of any sites which offer this, given that I'm not living in the US?

I've tried TaxACT, TaxSlayer, 1040now.net and I'm currently trying FileYourTaxes.com. None of these seem to allow me to file for years prior to the current tax return year (2013, at the time of this writing).

Also, given that I will most probably end up posting my 2011 and 2012 returns, and e-filing my 2013 return, how should I time these submissions? I am hesitant to submit my already-complete 2013, now (instantly, electronically) when it may be a few weeks before the IRS receives anything from me regarding 2011 and 2012 (by post). I am concerned that the situation in which the IRS has my 2013 return, but not my 2011 and 2012 returns would attract negative attention to me.


Thank you, in advance,
ruksack


----------



## BBCWatcher

It's no problem, but if it makes you feel more comfortable you can send all three via postal mail.


----------



## Bevdeforges

Last I checked the Tax Act site, you could download prior years' return preparation software - though perhaps that's only if you were registered there for the current year.

In any event, the prior year forms are all available in fillable pdf format. You can fill them in, print them off and simply mail them in.
Cheers,
Bev


----------



## ruksack

Thank you, BBCWatcher and Bev. I have opted to post all three years' tax returns, for peace of mind.

I have completed one tax return (form 1040 and form 2555). Is there any way I can have the two forms checked, somewhere, before I essentially go through the same process for the other years? My circumstances have not changed, year-to-year, only the totals have changed, so filling out future forms should be trivial, once I know that the ones I've completed are acceptable.


Many thanks,
ruksack


----------



## BBCWatcher

A tax expert could do that, perhaps for a fee. Also keep in mind that the previous year's form should only be "inspiration" for the current year's. There are a few tax changes each year, and the IRS is pretty good in summarizing them in its introduction to the instructions for Form 1040. It's a great idea to read through at least that section carefully each year.


----------



## ruksack

On form 2555, line (question) 7, I am asked 'of what country are you a citizen/national?' In my case, I have both UK and US citizenship. Should I disclose one citizenship in particular, or both?


Thanks in advance,
ruksack


----------



## Bevdeforges

No reason not to list both. The US citizenship is why you're filing a return in the first place, and the second citizenship explains why you're taking the FEIE (especially if you're using the bona fide resident test).
Cheers,
Bev


----------



## ruksack

Thank you. I will list both. I did go for the bona fide residence test, rather than the physical presence test, since I am in the UK to stay (to live and work) and I did not returen to the US for the first two full years (2011 and 2012) of my being in the UK.

On a related note, I suppose my response to the "enter the number of days in your qualifying period that fall within your 2013 tax year" instruction (form 2555, line 31) should be 365, since I only left the UK to visit family in the US (i.e. I definitely did not go to the US for business reasons) in 2013; my residence remained in the UK, and the UK remained my tax home. Is that the right way to go about working out the number of days in my qualifying period which fall within the tax year?


I came to the UK with the intention of staying (for good) and working, in July 2010; that was the only year during which I lived in both the US (the first half of the year) and the UK (the latter half). While I'm confident that my choosing the 'bona fide residence' option on the 2013 tax return was the right thing to do, I would like to know whether it would be appropriate to select the 'bona fide residence' option for the 2011 and 2012 tax years (both wholly spent living in the UK).

I hope all of the above makes sense. If it doesn't, then I will do my utmost to explain better.


Thank you, in advance,
ruksack


----------



## Bevdeforges

For 2011 and 2012, you most certainly are entitled to use bona fide resident, given that you were.

In 2010, you would have chosen physical presence, simply because that would allow you to file in July 2011 claiming the FEIE (since for physical presence you need only 330 days in any period of 12 consecutive months). Bona fide resident requires that you were resident for an entire calendar year, which you couldn't claim for 2010.
Cheers,
Bev


----------



## ruksack

Thank you very much, Bev.


----------



## ruksack

Is it important that I specify a visa (and time limit) under which I entered the country (UK) when filling out my 2011 and 2012 form 2555? I transitioned from spouse visa to indefinite leave to remain to citizen, between 2011 and 2013, without it having been a requirement that I exit and re-enter the country, at any point in between.

Secondly, I have entered both 'United Kingdom' and 'United States' for the 'of what country are you a citizen?' question, on my 2013 tax return. Since I am filling out the 2011 and 2012 forms retrospectively, would it be better to give my current citizenship status (i.e. include 'United Kingdom' as well as 'United States') on these? I don't want to paint a confusing picture by answering the question differently, between forms, unless I have to.


Thank you in advance,
ruksack


----------



## Bevdeforges

ruksack said:


> Is it important that I specify a visa (and time limit) under which I entered the country (UK) when filling out my 2011 and 2012 form 2555? I transitioned from spouse visa to indefinite leave to remain to citizen, between 2011 and 2013, without it having been a requirement that I exit and re-enter the country, at any point in between.
> 
> Secondly, I have entered both 'United Kingdom' and 'United States' for the 'of what country are you a citizen?' question, on my 2013 tax return. Since I am filling out the 2011 and 2012 forms retrospectively, would it be better to give my current citizenship status (i.e. include 'United Kingdom' as well as 'United States') on these? I don't want to paint a confusing picture by answering the question differently, between forms, unless I have to.
> 
> 
> Thank you in advance,
> ruksack


Ultimately it probably doesn't matter what you put for the "visa" question. If you're worried about it, I'd just put "spouse visa" and let it go at that. Due to a variety of circumstances, I never had a visa for France (long story, but for the first few years here it could be said I was a "*******"), and have always entered "N/A" figuring they'd ask if they had a problem with that. Have never had any question or problem.
Cheers,
Bev


----------



## ruksack

Thank you, Bev.

I take your point that it isn't hugely important what I put for the 'visa you entered on' and 'length of stay' questions, on the old tax forms, given that I'm a bona fide resident and a dual citizen now.

I have favoured consistency and simplicity over not-hugely-important added complexity, in the visa section of these tax forms. The main things, I imagine, are that my figures are spot on, that I truthfully owe no tax to the U.S., and that the impression I give (regarding visa status and time constraints) accurately reflects my current circumstances.


Thank you, again,
ruksack

P.S. I'd be interested to read your story, regarding what happened when you went to France and this '*******' business.


----------

