Back to the Library

Submit a Question

 

The Tax Resource Group: Professional Tax Research Material, Resources, and Consulting

Category: Tax Returns, Examinations & IRS Procedure; International
Subject: Filing Requirements
Title: Virgin Islands--Former Resident
IRC Sections: 932(c)
Filename: 1108.html
Date Produced: 3/97

Copyright 1998, The Tax Resource Group. All rights reserved. Telephone 800-578-3498. Internet: www.taxresourcegroup.com

Background
Taxpayer (at all times a U.S. citizen) formerly resided in the U.S. Virgin Islands (USVI). About ten years ago, she moved to California and has resided there continuously ever since.

Issue
What are the taxpayer's filing responsibilities with respect to the USVI?

Answer
The taxpayer has no filing obligations with the Virgin Islands unless she has income from USVI sources or she has income effectively connected with a business in the USVI.

Discussion
I find nothing to indicate a USVI filing requirement for a former USVI resident unless the taxpayer has income from USVI sources or has income that is effectively connected with a USVI trade or business.

A taxpayer who is a bona fide resident of the USVI on the last day of the tax year files Form 1040 with The Virgin Islands Bureau of Internal Revenue. The return filed with the USVI should report the taxpayer's worldwide income. If the return includes income from non-USVI sources, the taxpayer must include Form 1040-INFO to report the non-USVI source income. This is the filing procedure even for the tax year in which a U.S. citizen or resident alien becomes a bona fide resident of the USVI.

A return filed with the USVI taxing authorities on which the taxpayer reports and fully pays his tax liability relieves the taxpayer from filing in the United States. See generally IRC Section 932(c).

If a U.S. citizen or resident alien who is not a bona fide resident of the USVI on the last day of the tax year has income from sources in the Virgin Islands or income effectively connected with the conduct of a trade or business in the Virgin Islands, the taxpayer must file identical tax returns with the United States and the Virgin Islands. The original return is filed with the IRS in the United States and a copy of the entire return is filed with The Virgin Islands Bureau of Internal Revenue by the due date for filing Form 1040.

In such cases, the taxpayer's liability is split between the United States and the USVI. The amount of tax payable to the Virgin Islands is determined by multiplying the total tax on the U.S. return (after certain adjustments) by a fraction the numerator of which is adjusted gross income from the Virgin Islands and the denominator is worldwide adjusted gross income (from the U.S. return). Form 8689, Allocation of Individual Income Tax to the Virgin Islands, is used for this purpose.

If a U.S. citizen or resident must file both with the U.S. and the USVI tax authorities, the U.S. return should be filed as follows.

Internal Revenue Service Center
Philadelphia, PA 19255

The USVI return should be filed as follows.

Virgin Islands Bureau of Internal Revenue
9601 Estate Thomas
Charlotte Amalie
St. Thomas, U.S. Virgin Islands 00802
Telephone number (809) 774-5865
FAX number (809) 776-4037