Enlarge image | Userid: CPM Schema: Leadpct: 100% Pt. size: 9.5 Draft Ok to Print instrx AH XSL/XML Fileid: … orm-8898/202410/a/xml/cycle05/source (Init. & Date) _______ Page 1 of 6 14:55 - 25-Sep-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service Instructions for Form 8898 (Rev. October 2024) Statement for Individuals Who Begin or End Bona Fide Residence in a U.S. Territory Section references are to the Internal Revenue Code unless Worldwide gross income. Worldwide gross income means otherwise noted. all income you received in the form of money, goods, property, and services, including any income from sources Future Developments outside the United States (even if you may exclude part or all For the latest information about developments related to of it) and before any deductions, credits, or rebates. Form 8898 and its instructions, such as legislation enacted Example 1. You are a U.S. citizen who moved to the after they were published, go to IRS.gov/Form8898. CNMI in December 2023 but did not become a bona fide What’s New resident of that territory until the 2024 tax year. You must file Form 8898 for the 2024 tax year if your worldwide gross Mobile friendly form version. The IRS has created a income for that year is more than $75,000. mobile friendly form version of Form 8898 that can be completed and submitted online. For more information, go to When and Where To File IRS.gov/MobileFriendlyForms. File Form 8898 by the due date (including extensions) for U.S. possession replaced with U.S. territory. We have filing Form 1040. File the form by mailing it to the following replaced the term “possession” with “territory” throughout address. these instructions. Internal Revenue Service 3651 S. IH 35 General Instructions MS 4301 AUSC Austin, TX 78741 Purpose of Form Use Form 8898 to notify the IRS that you became or ceased Do not file Form 8898 with your tax return. Do not to be a bona fide resident of a U.S. territory in accordance ! send your tax return to the address above. with section 937(c). See Bona Fide Residence, later. For this CAUTION purpose, the following are considered U.S. territories: American Samoa, Guam, the Commonwealth of the Northern The IRS has created a mobile friendly form version of Mariana Islands (CNMI), the Commonwealth of Puerto Rico, TIP Form 8898 that can be completed and submitted and the U.S. Virgin Islands. online. For more information, go to IRS.gov/ MobileFriendlyForms. Who Must File You must file Form 8898 for the tax year in which you meet Penalty for Not Filing Form 8898 both of the following conditions. If you are required to file Form 8898 for any tax year, and you 1. Your worldwide gross income (defined later) in that tax fail to file it or do not include all the information required by year is more than $75,000. the form or the form includes incorrect information, you may 2. You meet one of the following. 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 a. You take a position, for U.S. tax purposes, that you is in addition to any criminal penalty that may be imposed. became a bona fide resident of a U.S. territory after a tax year for which you filed a U.S. income tax return as a citizen or Bona Fide Residence resident of the United States but not as a bona fide resident You are a bona fide resident of a U.S. territory if you: of the territory. • Do not have a tax home outside the territory, b. You are a citizen or resident of the United States who • Do not have a closer connection to the United States or to takes the position, for U.S. tax purposes, that you ceased to a foreign country than to the territory, and be a bona fide resident of a U.S. territory after a tax year for • Meet the presence test (defined later). which you filed an income tax return (with the IRS, the territory tax authorities, or both) as a bona fide resident of the Special rule for members of the U.S. Armed Forces. If territory. you are a member of the U.S. Armed Forces who qualified as a bona fide resident of the territory in an earlier tax year, your c. You take the position, for U.S. tax purposes, that you absence from that territory during the current tax year in became a bona fide resident of Puerto Rico or American compliance with military orders will not affect your status as a Samoa after a tax year for which you were required to file an bona fide resident. Likewise, being in a territory solely in income tax return as a bona fide resident of the U.S. Virgin compliance with military orders will not qualify you as a bona Islands, Guam, or the CNMI. fide resident of that territory. When figuring whether your worldwide gross income Special rule for civilian spouse of active duty member ! is more than $75,000, do not include any of your of the U.S. Armed Forces. If you are the civilian spouse of CAUTION spouse's income. If both you and your spouse are an active duty service member, under the Military Spouses required to file Form 8898, file a separate Form 8898 for each Residency Relief Act (MSRRA), you can choose to keep your of you. prior residence or domicile for tax purposes (tax residence) Sep 25, 2024 Cat. No. 39789W |
Enlarge image | Page 2 of 6 Fileid: … orm-8898/202410/a/xml/cycle05/source 14:55 - 25-Sep-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. when accompanying the servicemember spouse, who is from American Samoa, the CNMI, Guam, or the U.S. Virgin relocating under military orders, to a new military duty station Islands if you meet all of the following. in one of the 50 states, the District of Columbia, or a U.S. • You were a bona fide resident of the territory for the 3 tax territory. You and your spouse must have the same tax years immediately preceding the tax year of the move. residence. If you choose to keep your prior tax residence • You did not have a tax home outside the territory or a after such a relocation, the source of income for services closer connection to the United States or a foreign country performed (for example, wages or self-employment) by you is than to the relevant territory during any part of the first 183 considered to be (the jurisdiction of) the prior tax residence. days of the tax year of the move. As a result, the amount of income tax withholding (from • You are not a bona fide resident of the territory in any of the Form(s) W-2, Wage and Tax Statement) that you are able to 3 tax years immediately following the tax year of the move. claim on your federal return, as well as the need to file a state If you do not meet all of the above conditions, you do not or U.S. territory return, may be affected. For more meet the tax home and closer connection tests under this information, see: exception. Instead, you must meet the requirements • Notice 2010-30, available at IRS.gov/irb/ explained later under Tax Home Test and Closer Connection 2010-18_IRB#NOT-2010-30; Test. • Notice 2011-16, available at IRS.gov/irb/ 2011-17_IRB#NOT-2011-16; and Year of the move from Puerto Rico. You qualify as a bona • Notice 2012-41, available at IRS.gov/irb/ fide resident of Puerto Rico for the part of the tax year before 2012-26_IRB#NOT-2012-41. the date you moved from Puerto Rico if you meet all of the following requirements. You can also consult with state, local, or U.S. territory tax authorities regarding your tax obligations under MSRRA. 1. You are a U.S. citizen. 2. You were a bona fide resident of Puerto Rico for at Exception for the Year of the Move least 2 tax years immediately before the tax year of the move. An exception applies to the tax home and the closer 3. In the year of the move, you: connection tests for the tax year you moved to or from the a. Ceased to be a bona fide resident of Puerto Rico, and territory. Under this exception, you satisfy the tax home and the closer connection tests for the tax year of the move if you b. Ceased to have a tax home in Puerto Rico. meet the requirements explained next. 4. You had a closer connection to Puerto Rico than to the United States or a foreign country during the part of the tax Also, a special exception applies to the bona fide year before the date on which you ceased to have a tax home residence test for the tax year you moved from Puerto Rico. in Puerto Rico. Under this exception, you satisfy the bona fide residence test for the part of the tax year you moved from Puerto Rico if you If you do not meet all of the above requirements, you are meet the requirements discussed later under Year of the not a bona fide resident of Puerto Rico in the year of the move from Puerto Rico. If you qualify as a bona fide resident move under this exception. Instead, you must meet the of Puerto Rico for the part of the tax year before the date you requirements explained next under Tax Home Test, and moved from Puerto Rico, you ceased to be a bona fide Presence Test, later. resident of Puerto Rico in the tax year that you moved from Puerto Rico. Tax Home Test Under the tax home test, you generally cannot have a tax Example 2. You are a U.S. citizen who moved from home outside the territory during any part of the tax year. Puerto Rico to Florida in May 2024 and meet the Your tax home is your regular or main place of business, requirements to qualify as a bona fide resident of Puerto Rico employment, or post of duty regardless of where you for the part of the tax year before the date you moved from maintain your family home. If you do not have a regular or Puerto Rico. You must file Form 8898 for the 2024 tax year if main place of business because of the nature of your work or your worldwide gross income for that year is more than because you are not engaged in a trade or business, then $75,000. your tax home is the place where you regularly live. If you do Year of the move to the territory. You satisfy the tax home not fit either of these categories, you are considered an and closer connection tests for the tax year you moved to the itinerant and your tax home is wherever you work. territory if you meet all of the following. Special rules for students and government officials. • You were not a bona fide resident of the territory in any of Disregard the following days when determining whether you the 3 tax years immediately preceding the tax year of the have a tax home outside the territory. move. • You did not have a tax home outside the territory or a • Days you were temporarily in the United States as a student (see Student, later). closer connection to the United States or a foreign country than to the relevant territory during any part of the final 183 • Days you were in the United States serving as an elected representative of the territory, or serving full time as an days of the tax year of the move. elected or appointed official or employee of the government • You are a bona fide resident of the territory for the 3 tax of the territory (or any of its political subdivisions). years immediately following the tax year of the move. If you do not meet all of the above conditions, you do not Special rule for seafarers. You will not be considered to meet the tax home and closer connection tests under this have a tax home outside the territory solely because you are exception. Instead, you must meet the requirements employed on a ship or other seafaring vessel that is explained later under Tax Home Test and Closer Connection predominantly used in local and international waters. For this Test. purpose, a vessel will be considered to be predominantly used in local and international waters if, during the tax year, Year of the move from the territory. You satisfy the tax the total amount of time it is used in international waters and home and closer connection tests for the tax year you moved 2 Instructions for Form 8898 (Rev. 10-2024) |
Enlarge image | Page 3 of 6 Fileid: … orm-8898/202410/a/xml/cycle05/source 14:55 - 25-Sep-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. in waters within 3 miles of the territory exceeds the total two territories, that day is counted as a day of presence in the amount of time it is used in the territorial waters of the United territory in which you have your tax home. States, another territory, or any foreign country. Count the following days as days of presence in the territory for purposes of the presence test. Do not count them Closer Connection Test as days of presence in the United States. You meet the closer connection test if you do not have a 1. Any day you were outside the territory to receive (or to closer connection to the United States or a foreign country accompany on a full-time basis a parent, spouse, or child than to the U.S. territory. who is receiving) qualified medical treatment (defined later). You are considered to have a closer connection to a For this purpose, the child must be your son, daughter, territory than to the United States or to a foreign country if you stepchild, foster child, adopted child, or a child lawfully have maintained more significant contacts with the placed with you for legal adoption. territory(ies) than with the United States or foreign country. 2. Any day you were outside the territory because you left Significant contacts that may be considered include the or were unable to return to the territory during any 14-day following. period within which a major disaster occurred in the territory • The location of: that was declared a disaster area by the President. 1. Your permanent home; 3. Any day you were outside the territory because you left 2. Your family; or were unable to return to the territory during any period for which a mandatory evacuation order was in effect for the area 3. Your current social, political, cultural, professional, or in the territory where you resided. religious affiliations; 4. Any day (up to a total of 30 days) that you are outside 4. Where you conduct your routine personal banking the relevant territory and the United States for business or activities; personal travel, but this rule: 5. The jurisdiction in which you hold a driver's license; a. Applies only if the number of days you are considered and present in the relevant territory exceeds the number of days 6. Charitable organizations to which you contribute. you are considered present in the United States (determined • The place of residence you designate on forms and without regard to the rule in this section (4)), and documents. b. Does not apply for purposes of calculating the Your connections to the territory will be compared to the minimum 60 days of presence in the relevant territory that is total of your connections with the United States and foreign required for the 549-day presence test (see Presence Test, countries. Your answers to the questions on Form 8898, Part earlier). III, will help establish the jurisdiction to which you have a Do not count the following days as days of presence in the closer connection. United States for purposes of the presence test. Presence Test 1. Any day you were in the United States for less than 24 hours when you were traveling between two places outside You meet the presence test for the tax year if you meet one of the United States. the following conditions. 2. Any day you were temporarily present in the United 1. You were present in the territory for at least 183 days States as a professional athlete to compete in a charitable during the tax year. sports event (defined later). 2. You were present in the territory for at least 549 days 3. Any day you were temporarily in the United States as a during the 3-year period that includes the current tax year student (defined later). and the 2 immediately preceding tax years. During each year of the 3-year period, you must also be present in the territory 4. Any day you were in the United States serving as an for at least 60 days. elected representative of a territory, or serving full time as an elected or appointed official or employee of the government 3. You were present in the United States for no more than of the territory (or any of its political subdivisions). 90 days during the tax year. 4. You had $3,000 or less of earned income from U.S. Qualified medical treatment. This is medical treatment sources and were present for more days in the territory than provided by (or under the supervision of) a physician for an in the United States during the tax year. See the instructions illness, injury, impairment, or physical or mental condition. for Line 8 under Specific Instructions, later, for the definition The treatment must involve: of earned income from U.S. sources. • A period of inpatient care (requiring an overnight stay) in a hospital or hospice and any period immediately before or 5. You had no significant connection (defined later) to the after that inpatient care to the extent it is medically necessary, United States during the tax year. or If you are a nonresident alien, see Special rule for • A temporary period of inpatient care (requiring an overnight stay) in a residential medical care facility for ! nonresident aliens, later. CAUTION medically necessary rehabilitation services. Days of presence in the United States or U.S. territory. You must keep records of your qualified medical Generally, you are treated as being present in the United treatment. For details on the records you must keep, see Pub. States or in the territory on any day that you are physically 570. present in that location at any time during the day. If, during a Charitable sports event. A charitable sports event is one single day, you were physically present in the United States that meets the following conditions. and a territory, that day is counted as a day of presence in the • The main purpose is to benefit a qualified charitable territory. If, during a single day, you were physically present in organization. Instructions for Form 8898 (Rev. 10-2024) 3 |
Enlarge image | Page 4 of 6 Fileid: … orm-8898/202410/a/xml/cycle05/source 14:55 - 25-Sep-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • The entire net proceeds go to that charitable organization. purposes on any day on which the principal purpose for using • Volunteers perform substantially all the work. the property is to do repair or maintenance work. For more In figuring the days of presence in the United States, you can information on determining whether the rental property was exclude only the days on which you actually competed in a used for personal purposes, see Pub. 570. sports event. You cannot exclude the days on which you were Special rule for nonresident aliens. The presence test in the United States to practice for the event, to perform does not apply to nonresident aliens. Instead, nonresident promotional or other activities related to the event, or to travel aliens must meet the substantial presence test discussed in between events. chapter 1 of Pub. 519. In that discussion, substitute the name For a listing of most qualified organizations, go to of the territory for “United States” and “U.S.” wherever they TIP IRS.gov/Charities-Non-Profits. appear. Also, disregard the discussion in that chapter about a Closer Connection to a Foreign Country. Student. To qualify as a student, you must be, during some part of each of 5 calendar months during the calendar year (not necessarily consecutive): Specific Instructions 1. A full-time student at a school that has a regular Unless otherwise specified, answers to questions seeking teaching staff, course of study, and regularly enrolled body of information for a tax year generally refer to the tax year in students in attendance; or which you became (or ceased to be) a bona fide resident. 2. A student taking a full-time, on-farm training course given by a school described in (1) above or a state, county, or Name and Social Security Number local government. (SSN) Full-time student. A full-time student is a person who is If you file a joint return, enter only the name and SSN of the enrolled for the number of hours or courses the school spouse whose information is being reported on Form 8898. If considers to be full-time attendance. both you and your spouse are required to file Form 8898, file School. The term “school” includes elementary schools, a separate Form 8898 for each of you. junior and senior high schools, colleges, universities, and technical, trade, and mechanical schools. It does not include Address Before and After Your on-the-job training courses, correspondence schools, and Change in Bona Fide Residence schools offering courses only through the Internet. Status Significant connection. You have a significant connection Enter the address where you lived before your bona fide to the United States if: residence status changed and a different address for where • You have a permanent home (defined later) in the United you lived after your bona fide residence status changed. States, • You are registered to vote in any political subdivision of the Example 3. Mr. Grey, a U.S. citizen, moved from New United States, or York to the U.S. Virgin Islands. Mr. Grey must enter his New • You have a spouse or child under 18 whose principal home York address under “Address before your change in bona fide is in the United States. For this purpose: residence status” and his U.S. Virgin Islands address under 1. A spouse does not include a spouse from whom you “Address after your change in bona fide residence status.” are legally separated under a decree of divorce or separate Part 1—General Information maintenance; and 2. The child must be your son, daughter, stepchild, foster Line 1 child, adopted child, or a child lawfully placed with you for Check line 1, box a or b, whichever applies, and enter the tax legal adoption. But a child does not include: year you take the position that you became or ceased to be a a. A child who lives in the United States with a custodial bona fide resident of a U.S. territory. parent under a custodial decree or multiple support Example 4. Mr. Grey, a U.S. citizen, moved from New agreement, or York to the U.S. Virgin Islands on March 1, 2024. To take the b. A child who is in the United States as a student position that he became a bona fide resident of the U.S. (defined earlier). Virgin Islands in 2024, Mr. Grey checks box a on line 1 and Permanent home. A permanent home generally includes enters "2024" on the line provided. accommodations such as a house, an apartment, or a furnished room that is available at all times, continuously and Line 2 not solely for short stays. However, if you or your spouse If you are not a U.S. citizen, you are either a nonresident alien owns the dwelling unit and rents it to someone else during or resident alien of the United States. You are considered a the tax year, the dwelling unit is not your permanent home resident alien of the United States for U.S. tax purposes if you unless, during that tax year, you use some part of it for meet either the green card test or the substantial presence personal purposes for more than the greater of: test for the calendar year (January 1 through December 31). • 14 days, or If you do not meet either of those tests, you are considered a • 10% of the days the property is rented to others at a fair nonresident alien. For more information about these tests, rental price. see Pub. 519. Generally, the rental property is considered used for personal purposes on any day it is not being rented to someone else at Line 3a fair rental value for the entire day or is used by you, a family Enter your worldwide gross income for the tax year entered member, or anyone else who has an interest in the property. on line 1. See Worldwide gross income, earlier. The rental property is not considered used for personal 4 Instructions for Form 8898 (Rev. 10-2024) |
Enlarge image | Page 5 of 6 Fileid: … orm-8898/202410/a/xml/cycle05/source 14:55 - 25-Sep-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 3b Line 14 Average worldwide gross income. Calculate your average Your immediate family means your spouse and minor worldwide gross income by adding together the worldwide children. gross income for each year of the 3-year period prior to the tax year entered on line 1. Divide the total by 3.0. Enter the Line 22 amount on line 3b. Under state law, a homestead exemption may: The amount reported on line 3b is distinct from the 1. Protect the owner of real property from a forced sale or seizure of the property from creditors (for example, in a ! worldwide gross income threshold amount for the bankruptcy proceeding), or CAUTION year of the move that determines whether you must file Form 8898. See Who Must File, earlier. 2. Provide a reduction in state or local real property taxes to qualified homeowners. Part II—Presence in the United States In some states, for individuals to avail themselves of these or U.S. Territory privileges, state laws require a designation of the homestead property, the filing or recordation of a declaration to make the Line 4 exemption operative, or an application for the homestead tax exemption. If either of the following applies, answer “Yes” on If you checked line 1, box a, enter on line 4a the exact date line 22 and indicate the state in which such designation, (month/day/year) you moved to a territory to establish bona declaration, recordation, application, or property tax fide residence. If you checked line 1, box b, enter on line 4b exemption was made. the exact date (month/day/year) you moved from the territory to end bona fide residence. 1. You made a designation of homestead property or otherwise filed or recorded a declaration concerning property Example 5. Mr. Grey, a U.S. citizen, moved from New under a state homestead exemption law. York to the U.S. Virgin Islands on March 1, 2024. Mr. Grey would enter “03/01/2024” on line 4a. 2. You applied for or took a homestead tax exemption from state or local property taxes. Lines 5 and 6 Lines 26 and 27 See Days of presence in the United States or U.S. territory, earlier, for information on counting days of presence in the See chapter 2 of Pub. 570 for information to determine the territory. source of income. Line 7 Line 28 See Significant connection, earlier. For stocks and bonds, indicate the country of origin of the stock company or debtor, and for U.S. companies or debtors, Line 8 the state or territory of incorporation or formation. Earned income is wages, salaries, professional fees, and For example, if you own shares of a U.S. publicly traded other amounts received as compensation for personal Delaware corporation, the investment is considered located services actually rendered, including the fair market value of in the United States (that is, Delaware), even though the all earnings paid in any medium other than cash. Professional shares of stock are stored in a safe deposit box in a foreign fees include all fees received by an individual engaged in a country or territory. professional occupation (such as doctor or lawyer) in the performance of professional activities. See chapter 2 of Pub. Part IV—Source of Income 570 for information to determine if you have any earned income from U.S. sources. Line 32 A gain is the amount you realize from a sale or exchange of Part III—Closer Connection to the property that is more than its adjusted basis. See Pub. 544 for the definitions of amount realized and adjusted basis. United States, Foreign Country, or Special source rules apply to gains from dispositions U.S. Territory ! of certain property within 10 years of becoming a CAUTION bona fide resident of a U.S. territory. See Special Line 9 Rules for Gains From Dispositions of Certain Property in Pub. See Tax Home Test, earlier. 570 for more information. Line 10 Privacy Act and Paperwork Reduction Act Notice. We See Closer Connection Test, earlier. ask for this information to carry out the Internal Revenue laws of the United States. Section 937(c) and its regulations Line 11 require that you give us the information. We need it to See Exception for the Year of the Move, earlier. determine if you are a bona fide resident of a U.S. territory. If you do not provide this information or provide false Lines 12 and 13 information, you may be subject to penalties. We may See Permanent home, earlier. If you have more than one disclose this information to the Department of Justice for civil home, your principal permanent home is ordinarily the and criminal litigation, and to cities, states, the District of permanent home you live in most of the time. Columbia, and U.S. commonwealths and territories for use in administering their tax laws. We may also disclose this information to other countries under a tax treaty, to federal Instructions for Form 8898 (Rev. 10-2024) 5 |
Enlarge image | Page 6 of 6 Fileid: … orm-8898/202410/a/xml/cycle05/source 14:55 - 25-Sep-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. and state agencies to enforce federal nontax criminal laws, or The average time and expense required to complete and to federal law enforcement and intelligence agencies to file this form will vary depending on individual circumstances. combat terrorism. For the estimated averages, see the instructions for your You are not required to provide the information requested income tax return. on a form that is subject to the Paperwork Reduction Act If you have suggestions for making this form simpler, go to unless the form displays a valid OMB control number. Books IRS.gov/FormComments, to submit your suggestions. or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by Code section 6103. 6 Instructions for Form 8898 (Rev. 10-2024) |