Paying late taxes while living abroad

Jan 30, 2008 4 Replies

Dear All, I am a Green Card holder living outside US for the past two years and half. Thanks to this newsgroup I just came to realize that I needed to file taxes during this time period (something that I have failed to do, even though I do not owe anything back to IRS). Also during my first year I worked part-time in US but did not file for that either (even though I would have gotten a refund). I was wondering how should I go about filing my taxes late? Is there any way to do this online? Do I need any special forms? I will very greatly appreciate any help. R Coolali,


You will need the forms for the years in question. You can get them at

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You cannot do this online. You'll have to file paper returns.

This could be tricky. If you have a green card but are outside the US for more than a year, you may lose your permanent resident status. Take a look at in the section "Extended Stay Outside the US" for generic information. If outside the US for more than a year but less than two years, you should get a re-entry permit. I don't know what happens if you're outside the country for more than two years, as in your case. Of course, it's not set in stone that you will lose your green card, but trying to get back to the country could be difficult, and could involve explaining why you didn't get that permit, proving your case to a judge, attorney fees, lost time and money. Paying taxes, even if late, probably suggests that you did not intend to lose your permanent residency status. But I suggest you talk to an immigration lawyer first, as why pay taxes if they don't recognize you as a US resident.

And in answer to your question, you file 1040X (amended returns). There may be a penalty for filing late though.

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I disagree! How can you amend a return that was never filed? The correct process is to file Form 1040 for each year, as if you were filing on time. You should attach all Forms and Schedules that would have been attached to a timely filed return.

Lanny K. Williams, CPA Nawarat, Williams & Co., Ltd. Income Tax Services for Expatriate Americans

Lanny, this is an example of the advice you can get for free. A professional knows that a 1040X does not cut it. But in the net, anyone can say with conviction that it is the right form.

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