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Level 1
July 8, 2026
Question

U.S. Resident Alien, living and running his business in Germany. Filing taxes.

  • July 8, 2026
  • 4 replies
  • 42 views

I have a client who became a U.S. lawful permanent resident (green card holder) in March 2025. Since receiving his green card, he has traveled to the U.S. periodically for vacations while continuing to live in Germany, where he actively operates his business.

He is now preparing to file his 2025 U.S. individual income tax return. However, his German business accountant has not yet finalized his business income and profit figures. Under German law, he has until the fall of 2027 to file his German tax return, but waiting that long is obviously not an option for U.S. filing purposes.

In this situation, would it be appropriate for him to file his U.S. Form 1040 using reasonable estimates for his business income and claim the Foreign Tax Credit (if applicable) based on those estimated amounts, then file an amended return once the final German tax information becomes available? Or is there a better approach that would be recommended to remain compliant with U.S. tax law?

I would appreciate any guidance or best practices from those who have dealt with similar situations.

4 replies

sjrcpa
Level 15
July 8, 2026

How does the business income get reported on his personal return?

Is the German return calendar year?

Your client should have an extension of time to file until October 2025. Does that help?

The more I know the more I don’t know.
ThawolfAuthor
Level 1
July 8, 2026

Business income on schedule C. 
 

Calendar year but is extending filing there. 

It would help to extend until Oct 25th to just more clarity on the number, but he doesn’t think he would have actual business numbers by then. 

sjrcpa
Level 15
July 8, 2026

So it is July 2026 and he does not know his 2025 business income? 

And if he didn’t request an extension on April 15/June 15 as appropriate it is too late now. Note: There is a typo in my earlier response. It should say extension of time to file until October 2026

The more I know the more I don’t know.
ThawolfAuthor
Level 1
July 8, 2026

Exactly. He had a two-month auto extension to June 15th because he was physically present in Germany on April 15th. However, he tried but failed to file a timely extension. 

 

That’s why I asked if it made sense to file based on reasonably estimated business numbers, then come back and make an amendment, or if anyone else had a better alternative? The taxpayer doesn’t think he would have his P&L prepared and completed by Oct 15th. He also doesn’t think he would pay a penalty because he estimates his U.S. tax liability would be $0 due to the FTC. 

BobKamman
Level 15
July 8, 2026

What makes sense is not to hide behind the skirts of a German accountant, when he wants the rights and privileges of an American taxpayer.  Has he complied with the law, by filing with estimated figures?  No.  Is that better than not filing at all?  Yes. 

ThawolfAuthor
Level 1
July 8, 2026

Agreed. 

 

At this point, we are just trying to learn of any and all available options from the community, or suggestion for the best way to handle this situation in a legally compliant manner.