- April 4, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation: Abandonment of US Green Card by Japanese National
In the event that a Japanese national decides to abandon their US green card during the course of the year, they may have certain tax obligations to fulfill in the following year. This includes the potential requirement to file both a Form 1040 and a Form 1040NR for their taxes.
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****** just grabbed a
Via [this thread](https://www.expatforum.com/threads/fatca-8854-i-407-relinquishing-lawful-permanent-resident-status.1522085/?post_id=15377136&nested_view=1&sortby=oldest#post-15377136) I’ve come across [IRS pub 519](https://www.irs.gov/pub/irs-pdf/p519.pdf) which explains what you need to do when exiting the US residency, under the headings of “Dual Status Returns”.
One thing to note is you need to file a statement establishing your residency termination date:
>**Statement required to establish your residency termination date.**
>
>You must file a statement with the IRS to establish your residency termination date. You must sign and date this statement and include a declaration that it is made under penalties of perjury. The statement must contain the following information (as applicable): <long list of things>
Then in Chapter 6, Dual-Status Tax Year, you will have to file quite the unusual return:
>The following restrictions apply if you are filing a tax return for a dual-status tax year.
>
>- Standard deduction. You cannot use the standard deduction allowed on Form 1040 or 1040-SR. However, you can itemize any allowable deductions.
>
>- Head of household. You cannot use the head of household Tax Table column or Tax Computation Worksheet.
>
>- Joint return. You cannot file a joint return.
And some details of what exactly to file:
>**Nonresident at end of year.**
>
>*You must file Form 1040-NR* if you are *a dual-status taxpayer who gives up residence in the United States during the year* and who is not a U.S. resident on the last day of the tax year.
>
>*Enter “Dual-Status Return” across the top of the return.* Attach a statement to your return to show the income for the part of the year you are a resident. You can use Form 1040 or 1040-SR as the statement, but be sure to enter “Dual-Status Statement” across the top.
>
>If you expatriated or terminated your residency in 2023, you may be required to file an expatriation statement (Form 8854) with your tax return. For more information, see Expatriation Tax in chapter 4.
>
>Statement. Any statement must have your name, address, and TIN on it. You do not need to sign a separate statement or schedule accompanying your return because your signature on the return also applies to the supporting statements and schedules.
So if you gave up your greencard mid-2023 and moved to Japan, I think what you need to do is:
1. Determine your last day of tax residency and notify the IRS
2. File form 1040-NR (due in 2024) for the portion of the year (2023) where you are not a tax resident of the US
3. Attach form 1040 (due in 2024) annotated with “dual status return” for the portion of the year (2023) where you are a tax resident of the US — noting you must also
1. paper file all this
2. cannot do joint returns
3. cannot take the standard deduction 🙁
4. Possibly file form 8854