Excess contribution – Expat US Citizen

A U.S. citizen living in Africa contributed to a Roth in 2010. He filed his return 6/15/2011. Per Publication 590 he can take his excess distribution without penalties until the extended due date which for an expat U.S. citizen can be until 12/15/2011. If he already filed his return, does the extended due date apply?

Thanks as always .. Mary Dean



For typical taxpayers the automatic 6 month extension to mid October applies if the taxpayer either filed a timely return in April or filed a 4868.

For those out of the country that get an automatic 2 month extension to 6/15, if they want additional time and file a 4868 by 6/15 they are only getting 4 more months to mid October, not 6 more months. While I cannot find a specific reference, I would expect that if filing the 4868 only provides 4 more months, then an automatic additional period when the 4868 is NOT filed would not provide more time than the actual extension request would provide. I think that if he timely filed by 6/15 he therefore gets 4 more months, not 6 more.

If you know of any specific reference to 12/15, let me know.



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