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 |