Tax filing for PR working abroad

[khaobadhi]

I am a PR since Nov 2009. I am back to my country after filing re entry permit. I have few question about filing the taxes for 2009.

1) Should I file the income earned from the date of becoming PR or the whole year (2009)?
2) I do not have a w-2 salary slip for my foreign income. What documents should I submit?
3) My income statements and bank statements are not in english. Do I need to translate them? If yes, from whom?
4) I understood, I have to declare the income earned and the tax paid. Where should I put it on 1040 form?
5) I was in US for 1 month to process my re entry permit. I did not work when I was there. Do I need to file the state tax?
6) Is there any resources/websites for tax return with foreign income?

 

[sanjoseaug20]

1) Should I file the income earned from the date of becoming PR or the whole year (2009)?

... Depends on your status for the whole of the year. Yes, you need to file as resident. However, did you just enter US in Nov 2009 when you became PR, or did you live in US earlier in the year also?

2) I do not have a w-2 salary slip for my foreign income. What documents should I submit?

... There's always some equivalent document.

4) I understood, I have to declare the income earned and the tax paid. Where should I put it on 1040 form?

Income - wages.
Tax paid - there is a box for that.

5) I was in US for 1 month to process my re entry permit. I did not work when I was there. Do I need to file the state tax?

No need to.

6) Is there any resources/websites for tax return with foreign income?

IRS is a good place. about.com has lots of stuff.

I am not sure what your background is ... whether GC is lottery based, marriage based, employment based, and whether you stayed in US before Nov 2009 or not. However, if you did not ... you need to know that you need to be in US for 90 days to establish residency, and anything less will imply that the clock for citizenship does not start until you return to reside "permanently". Knowing the specifics about your status and residency will help.

 

[khaobadhi]

Thanks sanjoseaug20 for your reply. I got GC with dv lottery and I was not in US before Nov 2009.

You said I need to stay 90 days in US to establish residency, but I didn't know about this requirement. Could you tell me where can I find more info about the 90 days rule. I know that my stay outside US will set my clock for citizenship but I have no choice as I have to finish my 1 and half year contract here.

 

[sanjoseaug20]

Thanks sanjoseaug20 for your reply. I got GC with dv lottery and I was not in US before Nov 2009.

You said I need to stay 90 days in US to establish residency, but I didn't know about this requirement. Could you tell me where can I find more info about the 90 days rule. I know that my stay outside US will set my clock for citizenship but I have no choice as I have to finish my 1 and half year contract here.

Check this thread - it happened only last week. http://forums.immigration.com/showt...d-I-applied-too-early....don-t-understand-why!

Also see Bob's comment in the same thread - it may not be a written rule, but is practiced - and its implementation may not be consistent. When you file, they may let you slide.

Note that this is from a perspective of establishing residency (counting days) for citizenship. Your GC does not seem to be at risk ... as long as you get the RP approved ... just in case you are wondering.

Going back to taxation - So you got the lottery, and entered US in Nov 2009. I am not an accountant, but let's take a shot at the questions again.

1) Should I file the income earned from the date of becoming PR or the whole year (2009)? - Since you entered US. No need to declare prior income.
5) I was in US for 1 month to process my re entry permit. I did not work when I was there. Do I need to file the state tax? - NO

Other questions either I answered in my last post, or do not have the information.

 

[Jackolantern]

Asking questions on a forum like this that doesn't specialize in taxation is going to bring too few answers or too many wrong answers.

There are accounting firms that have specialists in US+foreign country taxation. Hire one of them. Based on your lack of knowledge, if you try to figure this out on your own, chances are 95% that you will mess up and either pay too much taxes because you don't know how to take advantage of the various credits and exemptions and treaties, or you'll pay too little tax and get penalized by the IRS later on.

 

[nelsona]

The answers given above are so full of errors as to be useless. Please ignore. jacko's advice is spot on.

At least ask a tax question on the tax forum for this site!
http://forums.immigration.com/forumdisplay.php?f=261

 

[fams]

But I was told that the moment you accept employment with a no-US firm, you are deemed to have abandoned residence.

 

[Jackolantern]

But I was told that the moment you accept employment with a no-US firm, you are deemed to have abandoned residence.

It is one indicator pointing to abandonment of residence, but it's not automatic. Other factors will be evaluated, such as the length of employment, and your ties to the US while holding such employment.

 

[currycrab]

I am a PR since Nov 2009. I am back to my country after filing re entry permit. I have few question about filing the taxes for 2009.

1) Should I file the income earned from the date of becoming PR or the whole year (2009)?
2) I do not have a w-2 salary slip for my foreign income. What documents should I submit?
3) My income statements and bank statements are not in english. Do I need to translate them? If yes, from whom?
4) I understood, I have to declare the income earned and the tax paid. Where should I put it on 1040 form?
5) I was in US for 1 month to process my re entry permit. I did not work when I was there. Do I need to file the state tax?
6) Is there any resources/websites for tax return with foreign income?

what was the reason for your REP?

 

[sanjoseaug20]

The answers given above are so full of errors as to be useless. Please ignore. jacko's advice is spot on.

At least ask a tax question on the tax forum for this site!
http://forums.immigration.com/forumdisplay.php?f=261

I agree with you and Jack that this is not the right place to ask questions.

However, given that I am the only person who answered, and my answers were non-committal in many cases ... but there is a difference between non-committal and sometimes even saying I do not know versus - errors. What I see is a very broad statement but absolutely no indication on what the issues might be (if not the answers).

I am curious what the errors were. Please enlighten.

 

[nelsona]

I am curious what the errors were. Please enlighten.

If you are willing to pay me, sure!

Best not to answer a question unless you actually know the answer. Silence on your part would have indeed been golden.

 

[sanjoseaug20]

If you are willing to pay me, sure!

Best not to answer a question unless you actually know the answer. Silence on your part would have indeed been golden.

Pay you. No way!
Then I stand by my answers.
I also said I am not an accountant, and I also reiterate that.

 

[sanjoseaug20]

The only egregious error I see is ... income and tax paid. These will actually be foreign income and foreign tax. There is a form for reporting foreign taxes and claiming credit from US govt - form 1116.

Tax law becomes a bit more complex if you want to take foreign earned income exclusion ... check up on that, but I would say that is against the spirit of residency because on one side you want to be known as resident, and then you are saying you are actually not one. IRS may not have an issue with it ... CIS might (if they review).

 

[nelsona]

you are talkng to yourself.

 

[sanjoseaug20]

you are talkng to yourself.

But someone is watching!!