What Is Form 2353 and How Do I File It?
Learn about Form 2353, the specific tax filing extension for U.S. citizens abroad needing more time to meet requirements for foreign tax benefits.
Learn about Form 2353, the specific tax filing extension for U.S. citizens abroad needing more time to meet requirements for foreign tax benefits.
Form 2350, Application for Extension of Time to File U.S. Income Tax Return, is for United States citizens and resident aliens living and working outside the U.S. It is used to request additional time to file a federal income tax return, specifically to allow the filer more time to meet certain requirements for foreign tax benefits. This extension is designed for those who anticipate qualifying for the foreign earned income exclusion or the foreign housing exclusion/deduction but have not yet met the time-based qualifications by their return’s original due date.
Filing this form allows individuals to delay their tax filing until they have been abroad long enough to satisfy either the bona fide residence test or the physical presence test. These tests are prerequisites for claiming significant tax exclusions on foreign-sourced income. Without this extension, taxpayers might have to file their returns without claiming these benefits, then file an amended return later.
Eligibility to file Form 2350 is restricted to U.S. citizens or resident aliens who have their “tax home” in a foreign country. A tax home is the general area of a taxpayer’s main place of business or employment, regardless of where they maintain their family home. The taxpayer’s work and income source must be centered in a foreign country, as the extension is needed to meet one of two key tests.
The first is the Bona Fide Residence Test, which requires a taxpayer to be a genuine resident of a foreign country for an uninterrupted period that includes an entire tax year. The second is the Physical Presence Test, which requires a taxpayer to be physically present in a foreign country or countries for at least 330 full days during any period of 12 consecutive months. A filer may be living abroad but not have met the 330-day requirement by the April 15 tax deadline, making Form 2350 necessary to delay filing until the test is met.
This form should not be confused with the more common Form 4868, Application for Automatic Extension of Time to File U.S. Individual Income Tax Return. While Form 4868 grants an automatic six-month extension to any taxpayer for any reason, Form 2350 is for a specific circumstance. A taxpayer would choose Form 2350 because the extension granted can be longer than the standard six months, specifically until 30 days after the date on which they expect to meet the requirements of either the Bona Fide Residence or Physical Presence Test.
It is also distinct from the automatic two-month extension to June 15 granted to U.S. citizens and resident aliens abroad. This is an extension to both file and pay, although interest will be charged on any tax not paid by the regular April 15 due date. If a taxpayer needs more time beyond June 15 to qualify for the foreign tax benefits, they must file Form 2350 by that new due date to secure a further extension.
Before completing Form 2350, a filer must gather specific personal and financial information. This includes standard details such as your full name, address, and Social Security Number or Individual Taxpayer Identification Number (ITIN). The form requires the filer to clearly state the tax year for which the extension is being requested.
The justification for the extension is a primary part of the form. The filer must indicate whether they expect to qualify for the foreign earned income exclusion under the Bona Fide Residence Test or the Physical Presence Test. The form requires the taxpayer to provide the date they began their residence or physical presence abroad and the date they expect to qualify. This information allows the IRS to determine a reasonable extended due date, which is set for 30 days after the filer meets the test requirements.
A calculation of the estimated tax liability for the year is also a component of the application. The filer must project their total income, deductions, and credits to arrive at an estimated total tax. They must then subtract any payments already made, such as through withholding or estimated tax payments, to determine the balance due.
Once Form 2350 is completed, it can be filed electronically using approved tax software or through a tax professional. If mailing the form, it should be sent to the dedicated address specified in the form’s instructions. The form must be filed by the regular due date of the tax return, which is April 15, or by the automatic two-month extension date of June 15 for those living abroad.
An extension of time to file is not an extension of time to pay. Any tax liability estimated on Form 2350 must be paid in full by the original April 15 deadline to avoid potential penalties and interest. Failure to pay on time can result in interest accruing on the unpaid balance, calculated from the original due date of the return.
After submitting the form, the IRS will review the application. The taxpayer will receive a response indicating whether the extension was approved or denied. If approved, the notice will state the new, extended due date for filing the income tax return, which is generally 30 days after the date the filer indicated they would meet the residency or presence test.
If the application is denied, the IRS notice will explain the reason. In this case, the taxpayer is granted a brief period from the date of the denial letter to file their return to avoid late-filing penalties.