Leaving the U.S.: Do You Still Need to File Taxes? — Exit Guide
미국 출국 후 세금 신고 의무 — 거주자 종료일 · 이중신분 · 출국세

Overview 개요

Leaving the United States does not automatically end U.S. tax obligations. The moment of departure from U.S. soil is legally irrelevant to tax residency — what matters is the date the person stops satisfying the applicable residency test. For most non-immigrant visa holders, that date is not the departure date — it is December 31, unless specific conditions are met to qualify for an earlier termination date.

Residency Termination Date — December 31 Default 거주자 종료일 — 원칙적 12월 31일

Under IRS Publication 519, the default residency termination date for a person who met the SPT but will not be a U.S. resident in the following year is December 31 of the departure year. This means the person is a U.S. tax resident for the entire calendar year — even if they physically left the U.S. in February.

Earlier Termination — Closer Connection Option 조기 종료 — 더 긴밀한 연결 조건

An SPT-meeting individual who leaves the U.S. mid-year can claim an earlier residency termination date — equal to their last day of U.S. physical presence — if they meet all of the following conditions for the remainder of the year after departure.

Conditions for Earlier Termination Date

• Tax home in a foreign country: Before or on the departure date, the person must establish a "tax home" in Korea — the location of the principal place of business, or the regular place of abode if no fixed business location. Moving back to the Korean family home and returning to Korean employment satisfies this condition.
• Closer connection to Korea: For the remainder of the year (from departure through December 31), the person must have maintained a closer connection to Korea than to the U.S. Factors: location of permanent home, family, bank accounts, professional and social ties. The same factors as the Closer Connection Exception apply here.
• Not a U.S. resident in the following year: The person must not be a U.S. tax resident at any point in the following year under either the Green Card Test or the SPT.
• Form 8840 requirement (if SPT met based on weighted formula including prior years): File Form 8840 to document the earlier termination date and closer connection. Must be filed by the due date of the tax return (including extensions).

Green Card Holders — Continuing Obligations 영주권자 — 지속적 신고 의무

A green card holder's U.S. tax residency ends only when the green card status is formally terminated. Physically leaving the U.S. — even permanently — does not end tax residency while the green card remains valid. The green card must be formally abandoned through one of two mechanisms:

• Form I-407 (Voluntary Abandonment): The green card holder files Form I-407 (Record of Abandonment of Lawful Permanent Resident Status) with USCIS or at a U.S. embassy or consulate abroad. The residency termination date is the date the I-407 is filed and accepted. From that date, the person is no longer a U.S. tax resident under the Green Card Test (though SPT may still apply for the remainder of that calendar year if they spent enough U.S. days).
• Administrative or judicial determination of abandonment: USCIS or an immigration court determines that the green card has been abandoned — typically triggered by extended absence from the U.S., inconsistent behavior with LPR intent, or a treaty non-resident claim. This is not controlled by the taxpayer and can result in unexpected status loss.
• Green card holders cannot use Form 8840: The Closer Connection Exception (Form 8840) is explicitly unavailable to lawful permanent residents. Green card holders who wish to claim non-resident status must use Form 8833 (treaty tie-breaker) — which carries significant immigration risk — or formally surrender the green card first via Form I-407.

Dual-Status Year When Departing 출국 시 이중신분 과세연도

When the earlier termination date is successfully claimed (last day of U.S. presence, not December 31), the departure year becomes a dual-status year — identical in structure to the arrival-year dual-status but in reverse.

Dual-Status Departure Filing Restrictions

• No standard deduction: Dual-status filers cannot claim the standard deduction for any portion of the year — only itemized deductions (Schedule A) for the resident period.
• No MFJ (without election): Cannot file jointly in a dual-status year without the formal §6013(g) election — which requires both spouses to be treated as residents for the full year, including the non-resident period after departure.
• Two-form return: Form 1040 covers January 1 through the last U.S. day; Form 1040-NR (or a statement) covers the non-resident period. The departure-year return is one of the most complex returns in the individual tax system.

SPT After Departure — Prior Years Still Count 출국 후 SPT — 과거 연도 가중치 적용

Because the SPT formula uses a 3-year weighted calculation, a person who departs the U.S. may still meet the SPT — and thus remain a U.S. tax resident — in the year of departure, even if they spend very few current-year days in the U.S.

A person who departed the U.S. in March is still a U.S. tax resident for the full year (or until the earlier termination date) because the prior-year weighted formula keeps the SPT total above 183. The person must file a U.S. return and — unless the earlier termination date is claimed — report worldwide income through December 31, including all Korean income earned after returning to Korea.

Worldwide Income Until Residency Ends 거주자 기간 동안 전세계 소득 신고

Every dollar of worldwide income earned during the resident period must be reported on the U.S. return — whether earned in the U.S. or Korea, whether received before or after physical departure.

FBAR & FATCA — Until Residency Ends 해외 금융계좌 신고 — 거주자 종료까지

• FBAR (FinCEN 114): Required for any calendar year in which the person was a U.S. tax resident AND had Korean (or other foreign) financial accounts with aggregate balances exceeding $10,000 at any point during the year. The FBAR covers the entire calendar year — if the person was a U.S. resident for any part of the year and accounts exceeded $10,000, the full-year FBAR is due.
• FATCA Form 8938: Required for any calendar year the person was a U.S. resident and held foreign financial assets above the applicable thresholds. The FBAR and Form 8938 both look at the entire calendar year's account history — the post-departure period is still included in the same year's FBAR if residency ends December 31.
• Year of final return: In the last year of U.S. residency, FBAR is due for the full calendar year if the aggregate foreign account balance exceeded $10,000 at any point during the year. This applies even if the person was a resident for only part of the year and departed on June 1 — the December 31 account balance is still captured in the same year's FBAR.
• No FBAR after residency ends: In the year after the final U.S. tax year, FBAR is not required — unless the person has U.S. citizenship or regains U.S. tax residency.

Form 8854 — Green Card Exit Tax 출국세 신고 — 영주권 포기

When a long-term green card holder formally surrenders the green card (via Form I-407) or a U.S. citizen renounces citizenship, they are subject to the expatriation rules under IRC §877A — which may include an exit tax on unrealized gains. Form 8854 is the required disclosure and certification form.

Who Must File Form 8854

• U.S. citizens who renounce citizenship — regardless of when they received citizenship or how long they lived in the U.S.
• Long-term residents (LTRs) — green card holders who held LPR status in at least 8 of the last 15 tax years ending with the year they relinquish the green card. Years in which treaty non-resident status was properly claimed (Form 8833 filed) are excluded from this 15-year count.
• Even individuals who are not "covered expatriates" must file Form 8854 to certify 5-year tax compliance. Non-filing results in automatic covered expatriate status and a $10,000 penalty.

Covered Expatriate — Three Tests 과세 대상 출국자 — 3가지 판단 기준

An LTR who relinquishes the green card (or a U.S. citizen who renounces) is a "covered expatriate" — subject to the mark-to-market exit tax — if they meet ANY ONE of the three following tests:

Exit Tax — Mark-to-Market Regime

• Covered expatriates are treated as if they sold all worldwide assets at fair market value on the day before their expatriation date. Unrealized gains on those assets are subject to U.S. capital gains tax — even though no actual sale occurred.
• 2025 exclusion amount: $890,000(inflation-adjusted annually). The first $890,000 of unrealized gain is excluded from the exit tax. Gains above $890,000 are taxed at applicable capital gains rates (0%, 15%, 20%, or 37% depending on asset type and income level) plus 3.8% NIIT if applicable.
• Deferred compensation and retirement accounts: Special rules apply to deferred compensation items (e.g., 401(k) balances, deferred compensation plans) and non-grantor trust interests. These are not subject to the mark-to-market regime but instead to a 30% withholding tax on distributions to covered expatriates.
• Gifts and inheritances from covered expatriates: U.S. persons who receive gifts or inheritances from covered expatriates are subject to a 30% excise tax (IRC §2801). This liability follows the covered expatriate status permanently — even after they have left the U.S. tax system.

4 Case Examples 실제 사례 4개

Common Mistakes 자주 발생하는 오류

• 1 Assuming U.S. tax residency ends on the departure date. The default residency termination date under the SPT is December 31 of the departure year — not the date of physical departure. An H-1B worker who leaves in April is still a U.S. tax resident (by default) through December 31 and must report all worldwide income, including Korean income earned April through December. Claiming the earlier termination date requires affirmative action: establishing a Korean tax home and closer connection, and filing Form 8840.
• 2 Green card holders not filing U.S. taxes after returning to Korea. Departure from the U.S. does not terminate green card-based tax residency. The green card must be formally surrendered via Form I-407, or administratively terminated. Until that happens, Form 1040 (worldwide income) is due each year, and FBAR is required for Korean accounts over $10,000. Every year of non-filing compounds the delinquency and can ultimately be resolved only through the Streamlined procedures (if non-willful) or through the Voluntary Disclosure Program (if willful).
• 3 Not filing Form 8854 when required — or filing it late. Failure to file Form 8854 by the due date results in automatic covered expatriate status — even if the person would not otherwise qualify as a covered expatriate on the merits. It also triggers a $10,000 penalty. File Form 8854 with the final U.S. tax return in the year of expatriation.
• 4 Failing the 5-year compliance test for Form 8854 due to a missed FBAR. The 5-year tax compliance certification on Form 8854 requires that ALL U.S. tax and reporting obligations were met for the 5 years before expatriation — including FBAR filings. A single missed FBAR for one calendar year means the compliance certification cannot be made, making the person a covered expatriate regardless of net worth or income. Get current on all obligations before beginning the expatriation process.
• 5 Not accounting for SPT meeting from prior-year weighted days after departure. A person who departs the U.S. in February or March may still meet the SPT formula for the departure year because of prior years' weighted days. The 3-year weighted formula can cause SPT to be met even when very few days were spent in the U.S. in the current year. Calculate the SPT before assuming departure-year non-resident status.
• 6 Filing a dual-status return with the standard deduction. Dual-status taxpayers — whether arriving or departing — cannot claim the standard deduction for any portion of the year. Only itemized deductions on Schedule A are available, and only for the resident period. Claiming the standard deduction on a dual-status return is an error that triggers IRS adjustment.
• 7 Not filing Form 8840 to claim the earlier termination date. The closer connection-based earlier termination date does not apply automatically — it must be claimed by filing Form 8840 by the tax return due date (including extensions). A taxpayer who establishes a Korean tax home and closer connection after departing, but fails to file Form 8840 timely, loses the earlier termination date and defaults to December 31 residency for the full year.
• 8 Underestimating net worth for Form 8854 covered expatriate analysis. The $2 million net worth threshold for covered expatriate status includes ALL worldwide assets — U.S. and Korean real estate (at current fair market value), Korean brokerage accounts, Korean pension accounts (NPS), U.S. 401(k) and IRA accounts, Korean business interests, and cash in all accounts. Korean real estate in particular can push net worth above $2 million unexpectedly given Korean property value appreciation. Conduct a full net worth assessment at least 1–2 years before planning to surrender the green card.

Hanmi CPA Insight