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E2 Visa Resident Tax Returns leaving US for good

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    E2 Visa Resident Tax Returns leaving US for good

    Is there any form to file other than a resident final 1040 if a E2 Visa holder is leaving the country for good? I am not asking about filings for foreign assets.

    #2
    Yes. Here are some excerpts from some older CE material I have, but I'm pretty sure not much has changed, at least this will point you in the right direction:

    "Before leaving the U.S., all aliens (resident and nonresident) must obtain a certificate of compliance, commonly referred to as a sailing permit or departure permit. Application is made by filing either Form 2063, U.S. Departing Alien Income Tax Statement, or Form 1040C, U.S. Departing Alien Income Tax Return, whichever applies, with the local IRS office between 14 and 30 days before the planned departure date."

    "The following aliens, identified by category, are not required to obtain a sailing permit:

    "Category 3: Alien students, industrial trainees, and exchange visitors, and their spouses and children, who enter the U.S. on an F-1, F-2, H-3, H-4, J-1, J-2, or Q visa only, and who have not received any U.S. source income during the stay under this visa."
    I have not looked up what an E2 visa is for, so maybe there is some other exception, I suspect the form instructions will tell you this.

    Also note that a state may have different requirements for departing aliens than federal does.
    "You said it, they'll never know the difference. Come on, we'll paint our way out!" - Moe Howard

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      #3
      Thank you so much Rapid Robert, this is most helpful.

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        #4
        E2 visa requires some type of investment in an enterprise for qualification. This implies there was taxable income. I just want to point out that if he met what is called "the substantial presence test" he will also be taxed on worldwide income up to the point of departure/sailing permit.

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          #5
          Originally posted by Dude View Post
          E2 visa requires some type of investment in an enterprise for qualification. This implies there was taxable income. I just want to point out that if he met what is called "the substantial presence test" he will also be taxed on worldwide income up to the point of departure/sailing permit.
          Yep, since 6 years. Luckily, the only income was from the US Enterprise.

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