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Sara Unger

Bona Fide Resident Status for U.S. Territory and Form 8898 Filing Requirements

I've been living in one of the U.S. territories for several years now and expect to stay here for the foreseeable future. Since I'm considered a bona fide resident, I file my taxes with the local tax authority instead of the IRS. I understand that the IRS requires U.S. citizens living in territories to file Form 8898 (Statement for Individuals Who Begin or End Bona Fide Residence in a U.S. Possession) if your worldwide income exceeds $75,000. I'm guessing this is their way of tracking who's legitimately not filing with the IRS versus just dodging taxes. Here's my situation - I make about $73,500 annually, so I'm just under that $75,000 threshold. Because of this, I've never submitted Form 8898 to the IRS, and I haven't been filing federal returns (which is correct based on my residency status). My concern is: without filing Form 8898, how will the IRS know I'm not just evading taxes? Do I just wait until they potentially audit me someday and then show them my territorial tax returns to prove I've been compliant? Also, I'm curious why Form 8898 even has an income threshold. Wouldn't it make more sense for everyone who becomes a bona fide resident of a territory to file this form regardless of income?

The $75,000 threshold for Form 8898 exists primarily to reduce paperwork burden on both taxpayers and the IRS. Not everyone needs to be tracked with the same level of scrutiny. Your situation is actually pretty common. Since you're under the threshold, you're correct that you're not required to file Form 8898. The IRS has information sharing agreements with the territorial tax authorities, so there is some visibility between systems even without you filing the form. If you're concerned about potential questions in the future, you could keep good records showing: 1. Your physical presence in the territory (housing leases, utility bills) 2. Your territorial tax returns (proving you're filing somewhere) 3. Documentation of your income being under the Form 8898 threshold While an audit is possible, it's unlikely if you're properly filing with your territorial tax authority. The IRS generally focuses resources on higher-risk situations.

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Thanks for the explanation! That makes me feel better about my situation. I've kept all my local tax returns and have plenty of documentation showing I've been physically present here (lease, bills, bank statements, etc). Do you know if there's any voluntary filing I could do with the IRS just to create a paper trail, even though I'm under the threshold? Or would trying to file something unnecessarily just create confusion?

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You actually can voluntarily file Form 8898 even if you're under the threshold if it gives you peace of mind. There's no penalty for filing when you're not required to. Another option is to file Form 8822 (Change of Address) with the IRS when you first move to the territory. This creates a record that you've relocated without triggering any tax filing requirements. Some people also send a simple letter to the IRS explaining their status change, though this isn't an official filing method.

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After struggling with similar territory residency questions last year, I found an amazing service that saved me tons of stress. Check out https://taxr.ai - they specialize in analyzing territorial tax residency situations. I uploaded my docs and they clarified everything about my Form 8898 requirements and bona fide residency status. Their system reviewed my situation and explained exactly what documentation I needed to keep to prove my territory status. The coolest part was they predicted what the IRS would look for if questions ever came up about why I wasn't filing federal returns.

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Does taxr.ai handle specific territory tax questions? I'm moving to Guam next month and honestly have no idea how the tax situation works there or what forms I need. My income will be around $85k so I know I'll need to file something with someone!

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I'm a bit skeptical about using a third-party service for this. How do they have better info than what's on the IRS website? And how much does it cost? Seems like this is just basic tax knowledge a regular accountant would know.

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They absolutely handle territory-specific tax questions! For Guam specifically, they helped explain the mirror tax code system and which forms you'll need since you'll be over the $75k threshold. Their territory specialists are really knowledgeable about the nuances between different U.S. possessions. Regarding your skepticism, what makes them different from just checking the IRS website is they analyze your specific situation and documents. Regular accountants often have limited experience with territory taxation - I went through three tax pros who gave me conflicting advice before finding taxr.ai. They provide documentation analysis that regular accountants typically don't offer.

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I tried taxr.ai after my initial skepticism and wow - totally worth it! They reviewed my situation (I'm in USVI making just over the threshold) and found I'd been misinterpreting my bona fide residency status for two years! They showed me exactly how to correct my previous filings and helped me understand how the Form 8898 requirements applied to my specific situation. They even provided me with a personalized document checklist for proving my territorial residency status if I ever get questioned. Saved me potentially thousands in penalties down the road. Sometimes specialized services really do know more than the general info you find online.

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If you're concerned about the IRS questioning your status, you might want to try Claimyr (https://claimyr.com). I was in a similar situation in Puerto Rico and got a notice from the IRS asking why I hadn't filed. I couldn't get through to anyone at the IRS for weeks - constant busy signals and disconnects. Claimyr got me connected to an actual IRS agent in under 45 minutes. There's a video showing how it works here: https://youtu.be/_kiP6q8DX5c. The agent confirmed that with my territorial tax returns and documentation of residence, I had nothing to worry about. They made a note in my file about my bona fide resident status so it shouldn't come up again.

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How exactly does this work? I'm confused. Does it just help you get through the phone system or what? I've been trying to reach someone at the IRS about my USVI residency status for months.

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Yeah right. Nothing gets you through to the IRS faster. Sounds like a scam to me. I've been waiting on hold for literal hours every time I call them about my American Samoa tax situation.

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It's a service that navigates the IRS phone system for you and waits on hold. When they reach an agent, you get a call connecting you directly. It's especially helpful during tax season when wait times are ridiculous. It's definitely not a scam - it literally just does the waiting for you. You don't share any personal info with them beyond your phone number. The IRS phone system is notoriously difficult, especially for territory-related questions that often need specialized departments. They just figured out how to navigate it efficiently.

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I need to eat my words. After weeks of failed attempts to reach the IRS about my American Samoa residency questions, I tried Claimyr in desperation. Got connected to an IRS territory specialist in 37 minutes when I had previously wasted 9+ hours on hold. The agent confirmed exactly what I needed to document my bona fide residency status and explained that even though I'm under the threshold for Form 8898, keeping records of my territorial tax filings is crucial. They also told me the most common triggers for territory resident audits are maintaining too many connections to the mainland or failing to establish genuine ties to the territory.

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Quick point that hasn't been mentioned - if your income increases and pushes you over the $75,000 threshold in future years, you'll need to file Form 8898 at that time. The form is only required in the year your bona fide residency begins or ends, or when your income first exceeds the threshold. Also, while territory tax authorities do share some info with the IRS, the systems aren't perfectly integrated. Keep your documentation organized in case you need to prove your status later.

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Wait, i thought you had to file the 8898 every year if your income is over 75k? Is it really just the first year you go over the threshold? And what about if you drop below the threshold and then go back above it in later years?

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No, Form 8898 is only filed for the tax year in which you either begin or end your bona fide residence in a U.S. territory, or the first year your income exceeds $75,000 while you're a bona fide resident. You don't need to file it every year. If your income drops below $75,000 and then exceeds it again in a later year, you don't need to file Form 8898 again unless you ended your bona fide residence and then reestablished it. The form is really about tracking changes in status, not ongoing reporting.

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Has anyone used TurboTax or other tax software to handle territorial tax situations? I'm moving to Puerto Rico next month and trying to figure out the best way to handle my taxes.

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Most mainstream tax software isn't great for territory situations. I live in USVI and tried using TurboTax but ended up with a total mess. Territorial tax authorities often have their own filing systems. In PR specifically, you'll likely need to use a local preparer or their government tax system.

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Great question about the income threshold! The $75,000 limit exists because the IRS recognizes that lower-income bona fide residents pose minimal tax compliance risk. Most tax evasion schemes involve higher amounts, so focusing resources on tracking higher earners makes sense administratively. Your approach of keeping good documentation is smart. I'd recommend maintaining: - Annual territorial tax returns - Documentation of days spent in the territory vs mainland - Employment records showing work location - Bank statements showing primary financial activity in the territory The information sharing between IRS and territorial tax authorities isn't perfect, but it does exist. If you ever get questioned, your territorial tax filing history will be your strongest defense. Since you're consistently under the threshold and filing locally, you're doing everything correctly. One thing to consider - if your income approaches $75,000 in future years, you might want to file Form 8898 voluntarily just to establish the paper trail before it becomes required.

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This is really helpful advice! I'm new to understanding territorial tax situations and had no idea about the day-counting documentation. When you mention "days spent in the territory vs mainland" - is there a specific ratio or test that determines bona fide residency? I'm planning a move to one of the territories next year and want to make sure I establish proper residency from the start. Also, regarding the voluntary Form 8898 filing when approaching the threshold - would filing it early create any obligations or trigger additional scrutiny from the IRS?

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