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Filing in Tax after obtaining green card, but not staying in USA

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betafish

Registered Users (C)
Hi,

I am one of those lucky DV lotttery applicant who obtained green card few months back. Wonder how am I going to file in my tax, or do I need to file in my tax this year.

I understand that the financial year for USA is end of the year, which mean there are few months I still need to file in.

But I don't stay in USA for now after I have my green card as I have work in my home country.

What should I do about the tax filling?

betafish
 
You are now a resident of the USA, you must file federal and state taxes I guess. Depending on the legislation of your country, you may have to file taxes there too. You need to do a lot of research on this matter now. :)

Pryanik :)
 
You have to file your tax return for 2012 if you had any income in the states. if you don't it may come back to you while applying for citizenship.
 
Once you hold GC it is requisite to stay 6 months and one day in the US each year to maintain resident status. In that case you must file in tax return.
There is logic behind what are you saying, however, I wouldn't go for that since the tax you need to pay wont be huge amount at all, rather symbolic sum that proof your first year of income in the States.
That will bring its pay-off later on, when you face importance of Credit History in the US.
There are plethora of services to hire that will do it for you hassle free. To avoid it won't bring any benefit to you.
betafish said:
Hi,

I am one of those lucky DV lotttery applicant who obtained green card few months back. Wonder how am I going to file in my tax, or do I need to file in my tax this year.

I understand that the financial year for USA is end of the year, which mean there are few months I still need to file in.

But I don't stay in USA for now after I have my green card as I have work in my home country.

What should I do about the tax filling?

betafish
Click to expand...
 
Dziecka said:
You have to file your tax return for 2012 if you had any income in the states. if you don't it may come back to you while applying for citizenship.
Click to expand...

Right! Even if there was no income at all during such year, it would be advisable to file tax forms.

Pryanik :)
 
betafish said:
do I need to file in my tax this year.
What should I do about the tax filling?
Click to expand...
Yes you do need to file a federal tax return by April 15. The fact that you do not live or work in the USA does not change this obligation. This is because you became a Legal Permanent resident on the day you entered the US with the Diversity visa. On that day you also became a US resident for tax purposes (see this link for more information about the "Green Card test"). Tax residents must declare their worldwide income, which means you must declare your income from your home country and also claim taxes already paid thereon. Note that for 2012, the Foreign earned Income exclusion is $95100 that exempts the first $95100 of your foreign salary from tax, so the chances of actually paying tax in the US are greatly reduced.

betafish said:
Wonder how am I going to file in my tax
Click to expand...
In the year you became a LPR you are a dual-status taxpayer (also read this link), and must therefor file (at least) these forms with IRS:
- Form 1040-NR : from 1 Jan to the day prior to becoming a LPR
- Form 1040 : from the day you became a LPR to 31 December
- Form 8938 and Form TD F 90-22.1 : If you had overseas bank accounts/assets.

In your first year of filing you cannot file electronically and must submit a paper tax return, so you will have to print the relevant form, fill them out and mail (or courier) it to the IRS. There are many publications on the IRS website to assist (and confuse) you. It seems very confusing but all the information is there. Good luck.

betafish said:
But I don't stay in USA for now after I have my green card as I have work in my home country.
Click to expand...
I trust that you are aware of the risk of losing your LPR status as a result of being out of the US for extended periods. There are many cases of people losing their status because they were deemed to have abandoned their LPR status. As a LPR you are required to make the US your permanent home and any trips overseas must be of a temporary nature.
 
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6 months and 1 day?

can I ask where did you get this figures 6 months and 1 days from? I try to search the internet what are green card obligations to stay in USA for, after obtaining GC, but was in vain.

I can't find it anywhere.




guettad said:
Once you hold GC it is requisite to stay 6 months and one day in the US each year to maintain resident status. In that case you must file in tax return.
There is logic behind what are you saying, however, I wouldn't go for that since the tax you need to pay wont be huge amount at all, rather symbolic sum that proof your first year of income in the States.
That will bring its pay-off later on, when you face importance of Credit History in the US.
There are plethora of services to hire that will do it for you hassle free. To avoid it won't bring any benefit to you.
Click to expand...
 
betafish said:
can I ask where did you get this figures 6 months and 1 days from? I try to search the internet what are green card obligations to stay in USA for, after obtaining GC, but was in vain.

I can't find it anywhere.
Click to expand...

Sorry for the confusion. I was on the road, I couldn't reply earlier.

I learned couple things while I was trying to help myself, I am not the lawyer or CPA!

Long story short:Though you will be present in the US only short time during the fiscal year and you may be entitled to file in the tax return in your home country, there is no reason not to fill in the US tax return since it will bring you benefits later on. Hire somebody who does it for living, it won't be huge financial impact on you. This is what I would do. Not filling first tax return that covers couple weeks or month won't hurt you in terms of citizenship. BUT if you have it filled in the year of 2015 may prove your long Credit History to lenders!

Discussion: As for the rules, I don't know if there is one day, one week, or "any time rule" or not, I've read it couple times before, no idea where. However, staying a bit longer then 6 months during a year certainly helps. Otherwise, you will have issue to prove tight connection with the US.
In the other hand there are plenty of US citizens who live abroad and pay taxes to other countries instead to the US maintaining life outside of the US longer then the fantastic 6 months. Tax Heaven is term not reserved only for companies...While we go for an American dream, the others try to change it for the tax dream:cool:

Generally speaking there is huge mythology around the tax subject in the US.

I see you a bit more worried than you have to be. You will have to talk to someone who handle that kind of cases definitely, you may be surprised how many professionals are around being ready to do it. And lucky you! You started with the proper things, while we are still in the line, waiting for the next bulletin! Cheers:)
 
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thanks

Thanks everyone who have spend their time to reply to me. I will research more and will not get into trouble. !!;)
 
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