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Old 08-16-2014, 10:54 PM
 
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apparently IRS and USCIS have different definitions with what the term "resident" means. for IRS, apparently if you've been living in the US beyond 6 months, then you're a resident. with USCIS, it's when you get the GC (which could take years). in another forum, someone asked about what status to indicate when filing for taxes (say being a non-immigrant for half the fiscal year, then becoming LPR for the last half).

now i have never known of this part of the taxation law before, i don't even remember having to indicate my "immigrant" or "residency" status on my tax forms, with accountants and by myself before. it's not that i'm trying to be fraudulent, but i just happen not to know of such. i'm still working toward my GC at this time.

i hope for some advice on this matter. thanks.
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Old 08-17-2014, 05:38 AM
 
Location: St Thomas, US Virgin Islands
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Quote:
Originally Posted by zilam98 View Post

now i have never known of this part of the taxation law before, i don't even remember having to indicate my "immigrant" or "residency" status on my tax forms, with accountants and by myself before.
As far as I know there is none. I've been a GC holder for years and have never been questioned about my immigration status/residency on any tax forms of any kind. The only time it could remotely be of interest is if you're declaring income from outside the US but even that's just hazarding a guess.
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Old 08-17-2014, 05:53 AM
 
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well, a few people are citing the following:

Resident for Tax purposes, means you are a Citizen, Green Card holder, or meet the Substantial Presence Test. If you spent more than 183 days (but it can be less - see the calculation) in the USA in a tax year, then generally you will be Resident for Tax Purposes regardless of whether your status with USCIS is as a non-immigrant.

Most non-immigrants (other than possibly the first year they are here) will meet the SPT. There are some exceptions for specific non immigrant categories.

The IRS website has quite good information on the subject.

If an LPR claims to Non resident for tax purposes, then they are essentially admitting to USCIS that they have left the USA and abandoned their LPR status, since an LPR is requires to file as a Resident at all times, regardless of their location.

Conversely, even if an LPR has left the Country permanently, the IRS will generally consider them Resident as an LPR (and continue to tax on worldwide income) until they formally revoke the LPR status via an I-407. That may be despite the fact that USCIS consider they have abandoned their LPR status.



hence my confusion on whether to amend all my previous years' tax filings.
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Old 08-17-2014, 06:18 AM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 58,470,005 times
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Quote:
Originally Posted by zilam98 View Post

hence my confusion on whether to amend all my previous years' tax filings.
"If you spent more than 183 days (but it can be less - see the calculation) in the USA in a tax year, then generally you will be Resident for Tax Purposes regardless of whether your status with USCIS is as a non-immigrant. "

I'm not quite understanding your confusion. If you didn't spend more than 183 days (approx 6 months) in the US during any tax year then you wouldn't qualify to file as a resident and at the same time would be in danger of losing your immigration status. I'm guessing that's not the case and you've been filing taxes on the standard IRS forms, in which case you're fine. If that's NOT the case then you need to talk to your accountant and the IRS to get it sorted out.
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Old 08-17-2014, 06:52 AM
 
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what forms are used to file resident alien returns? i used1040 and 1040a forms the past 2 years. does the above IRS provision only for 2013 or for all times you've lived in the US? i saw that publication indicated as being for tax year 2013
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Old 08-17-2014, 07:13 AM
 
Location: St Thomas, US Virgin Islands
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Quote:
Originally Posted by zilam98 View Post
what forms are used to file resident alien returns? i used1040 and 1040a forms the past 2 years. does the above IRS provision only for 2013 or for all times you've lived in the US? i saw that publication indicated as being for tax year 2013
Exactly the same as US citizens use - just what you've been using. The same provisions apply every year.
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Old 08-18-2014, 08:19 AM
 
Location: Charlotte, NC
983 posts, read 1,367,113 times
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Quote:
Originally Posted by zilam98 View Post
apparently IRS and USCIS have different definitions with what the term "resident" means. for IRS, apparently if you've been living in the US beyond 6 months, then you're a resident. with USCIS, it's when you get the GC (which could take years). in another forum, someone asked about what status to indicate when filing for taxes (say being a non-immigrant for half the fiscal year, then becoming LPR for the last half).

now i have never known of this part of the taxation law before, i don't even remember having to indicate my "immigrant" or "residency" status on my tax forms, with accountants and by myself before. it's not that i'm trying to be fraudulent, but i just happen not to know of such. i'm still working toward my GC at this time.

i hope for some advice on this matter. thanks.
The test is normally done for withholding and reporting forms. If you open an account in the US but won't be a resident for taxation purposes, then you provide a W-8 BEN form and taxes on your gains are withheld at the standard 30% rates for international investors. If you are a resident for taxation purposes then you provide a W-9 and your gains are not subject to withholding, but you must file a tax return and report it there.

Non residents (for taxation purposes) don't have to file a tax return, and can use the withholding forms to credit those taxes when filing in their home country.
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Old 08-20-2014, 03:59 PM
 
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As far as I understand a green-card holder is a resident alien and can't file IRS taxes as a non-resident.
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Old 08-21-2014, 05:18 AM
 
Location: St Thomas, US Virgin Islands
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Quote:
Originally Posted by Chava61 View Post
As far as I understand a green-card holder is a resident alien and can't file IRS taxes as a non-resident.
The OP doesn't yet have a GC.
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Old 08-21-2014, 02:38 PM
 
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Residency for immigration and tax purposes are different. I remember there being a 1040 NR-EZ form. This could be filed say if someone moves to US in september 2013 but with the intention to stay for a few years.
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