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Do I have to fill tax returns (form 1040) while staying abroad with a re-entry permit?

New York, NY |
Filed under: Tax return Tax law

I'm a permanent resident since august 2011 and after applying for the re-entry permit i flew back home to continue with my studies.
I'm currently a student and have no income.
I live in a country which have a tax treaties with the US.
Do I still have to fill the 1040 form? even though I don't have any incomes?

BTW the re-entry was approved and received a months ago...

Attorney Answers 3


As a permanent resident you are taxed on your worldwide income. How much of that income is taxable depends upon your personal situation. Consult with a CPA or Tax Attorney who handles international tax matters.

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You do not have to file a tax return if you have no income for the year.

Christopher Larson
Insight Law

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If you have no income on a worldwide basis you do not have a U.S. filing requirement.

Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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