Residents of U.S. Territories / Possessions - Form 8898 Bona Fide Residence

 

You may need to file Form 8898, Statement for Individuals Who Begin or End Bona Fide Residence in a U.S. Possession if you became or ceased to be a bona fide resident of one of the following U.S. Territories (also called Possessions): American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, or the U.S. Virgin Islands.

If your worldwide gross income is $75,000 or more, you must file Form 8898 for the tax year in which you became or ceased to be a bona fide resident of the U.S. territory. For married individuals, the $75,000 filing threshold applies to each spouse separately. When figuring whether your worldwide gross income is more than $75,000, do not include any of your spouse’s income. If both you and your spouse are required to file Form 8898, file a separate Form 8898 for each of you.

The bona fide residence rules for the U.S. territories named above are explained in Chapter 1 of Publication 570 Tax Guide for Individuals with Income From U.S. Possessions.

Penalty for Not Filing Form 8898

If you are required to file Form 8898 for any tax year, and you fail to file it or do not include all the information required by the form or the form includes incorrect information, you may be subject to a penalty of $1,000, unless it is shown that such failure is due to reasonable cause and not willful neglect. This is in addition to any criminal penalty that may be imposed.

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