BLOG

OCTOBER 16TH EXTENSION DEADLINE

October 01, 2017

By Ephraim Moss, Esq. & Joshua Ashman, CPA

Share this article

THIS YEAR’S OCTOBER 16TH EXTENSION DEADLINE IS FAST APPROACHING

If you are an American living abroad, you may have taken advantage of the automatic 6-month tax filing extension by filing Form 4868 by the original due date of your return (April or June 15). If so, now is the time to get moving on finishing your expat tax return filing. The October 16th deadline has almost arrived!

While for most years, the 6-month extension due date is October 15th, since this date falls out on a weekend this year, the extension due date for the 2016 tax return was moved to October 16th.

Also, for the first time this year, the FBAR form extended due date is also October 16th, so it essential to ensure that both your tax return and your FBAR are filed by their shared October 16th due date.

FILING AFTER THE DEADLINE

Filing after this year’s extended deadline can have a number of adverse and irreversible effects, including:

  • Trigger of failure-to-file penalty – calculated as 5% of the taxes owed for each month outstanding (capped at 25% of the total tax liability). If tax is owed, then the previously triggered late-payment penalty and interest also continue to accrue.
  • Forfeiture of tax elections – A number of important elections must be made by the due date of the tax return (including extensions) or they may be lost. Examples include the Section 911 foreign earned income inclusion and the Section 1296 election to mark-to-market PFIC Stock.

For those of you who have successfully completed an IRS delinquency amnesty program (e.g., OVDP or the Streamlined Procedures), filing by the extension deadline is particularly important, because the IRS is most likely going to pay special attention to your file to ensure you stay on track from now on. The IRS will be looking to see that you have filed your tax return and all information returns (e.g., Form 5471, 3520) on time.

October 16 is also the final deadline to fund a qualified retirement account, such as an IRA. In this regard, your tax return must be completed in order to finalize certain tax information that is necessary for determining your contribution limitation.

HOW WE CAN HELP

The Expat Tax Professionals have decades of combined experience in preparing U.S. tax returns for Americans living abroad. Our dedicated team can assist with preparing your tax return and other required filings so that you can meet this year’s October 16th deadline.

If it turns out that October 16 does not provide sufficient time to prepare your tax return this year, all is not lost. Under the right circumstances, we can help you secure a further extension to December 15th. While a further extension will not automatically be granted, our experience has been that the IRS will provide the extra time if a reasonable explanation for the delay is provided.

It is best, of course, to try to avoid this type of situation and instead prepare your tax return in good time. Contact an Expat Tax Professional today and we will get the process started immediately.

More from our experts:

CASE REVIEW – COURT CONSIDERS IF TREATY NONRESIDENT HAS FBAR REQUIREMENT

The U.S. District Court for the Southern District of California tackled the issue of whether a taxpayer is required to file an FBAR if he has the status of a non-US tax resident by virtue of the tie-breaker provisions of a tax treaty.

CORPORATE RESTRUCTURING – A TRAP FOR THE UNWARY EXPAT

In this week’s blog, we focus on corporate restructurings, which are ripe for misunderstanding and complacency, given that the foreign company rules in the US and in your country of residence can be significantly at odds.

OUR APPROACH TO AN EFFECTIVE RENUNCIATION

In this blog, we review the tax and reporting implications of renouncing one’s citizenship and abandoning one’s green card. We then describe how our firm can help you navigate the process. We include a case study involving real facts, so that you can fully understand our approach and the services we offer.

CASE REVIEW – COURT CONSIDERS IF FOREIGN TAX CREDITS CAN REDUCE THE NIIT

In this week’s blog, we review a recent intriguing decision, in which the U.S. Court of Federal Claims tackled the issue of whether a tax treaty can be used to allow a foreign tax credit to offset the net investment income tax.

Contact us to get started