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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
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Experience:  15years with H & R Block. Divisional leader, Instructor
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What form does a H1-B person need to fill out when they leave

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What form does a H1-B person need to fill out when they leave the country and become nonresident alien for tax purposes. Thank you.

Robin D. :

Hello and thank you for using Just Answer,
Before leaving the United States or any of its possessions permanently or for an extended amount of time, all U.S. resident aliens and nonresident aliens (with certain exceptions) must prove they have met all federal tax requirements. This is done by obtaining a tax clearance document, commonly called a “sailing permit” or “departure permit”, from the IRS.
Resident aliens leaving the U.S. with no definite plans to return for the year will generally have to complete Form 1040-C, U.S. Departing Alien Income Tax Return, to receive a sailing permit. You must pay all tax shown as due on the Form 1040–C or you must furnish a bond prior to departure. Any tax paid with your Form 1040-C counts as a payment on the annual return filed after the end of the tax year (either a Form 1040NR for nonresident aliens or a Form 1040 for resident aliens). If the IRS sees that leaving the U.S. will not jeopardize the collection of the tax, then the tax may not need to be paid with the Form 1040-C.

Robin D. :

Apply for your sailing permits at least two weeks, but no earlier than 30 days, before leaving the U.S. To apply for a sailing permit, visit the nearest IRS Taxpayer Assistance Center (walk–in office).

Robin D. :

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Customer: replied 4 years ago.

I left US in August 2012. I paid my taxes in April 2013. At the time when I left US, I thought I would return within a few months. However, it's looking more permanent now. What form should I fill out and do I need to pay any penalty for filling it out late.

If you filed your 2012 return in April then you did what you were required to do. You would need to file a US 1040NR for any income you may have received from US sources after you left.
You may not have received any income from the US in 2013, if that is so then you would not need to file a US return at all.
The sailing permit is to make sure a non US person does not leave the US and not pay any tax required. Since you did that you would not have a penalty.
Robin D. and other Tax Specialists are ready to help you
Customer: replied 4 years ago.

So do I need to submit any form to the IRS now?

You would need to file Form 8854 if your time in the US as a resident alien meets the requirement.
If you were a long-term resident, if you were a lawful permanent resident of the United States in at least 8 of the last 15 tax years ending with the year your residency ends then you are required to file Form 8854.
If you were not a resident for that time then need only do what I advised before providing you had US sourced income.

Thank you for the rating.

Customer: replied 4 years ago.

Sorry, I need some clarifications. Do I need to fill out Form 1040-C?


I left US in August 2012, filed my taxes in April 2013. I have been paying US taxes for the past 6 years. I have not been living in US since August 2012 and do not have any US income since August 2012. Do I need to send in the 1040-C form to IRS now?

No, you left already. The 1040C is to be filed prior to leaving if needed. You have left already.
Form 1040-C is used by aliens who intend to leave the United States, you have already done this so you would need to file a 2013 return if you have US sourced income.
You do not have a green card to surrender and you have not met the requirement to file the 8854.
Everything I already said is what you need to do if you had US sourced income for 2013.