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tax question for GC holders

Discussion in 'Life After The Green Card' started by rams106, Apr 12, 2018.

  1. rams106

    rams106 New Member

    hello all. I am new here and seeking some advice.

    The N400 application asks you if you ever failed to file your fed tax or filed as non-resident. As a GC holder, in the past if you filed tax with the 1040 and claimed foreign income exclusion. Does that mean you filed as a non-resident or are you still filed as a resident? Does this show intent to abandon GC in the past? Thank you.
  2. SusieQQQ

    SusieQQQ Well-Known Member

    You can file as resident and still claim the exclusion.
  3. rams106

    rams106 New Member

    So one can say that they NEVER filed as a non-resident on the N400 question asking if you ever filed as a non-resident? If the immigration assessment officer looks at the tax return and sees the person taking foreign income exclusion, he won't think that the person abondoned their LPR status during that time? Thanks.
  4. SusieQQQ

    SusieQQQ Well-Known Member

    Did you use the irs form for non residents? I’m assuming not.
  5. rams106

    rams106 New Member

    No never the 1040NR. Only the normal 1040.

    I read this page:
    anglo info . c o m /
    blogs/ global

    Sorry won't let me post link.

    The part under immigration and taxation heading is worrying as it says this:

    It is possible the green card can be revoked if a taxpayer claims the “foreign earned income exclusion”

    The more I research this the more blogs I find stating this kind of info.
    Last edited: Apr 12, 2018
  6. Jbuff

    Jbuff Member

    To make life simple. You could live in america but have lets say “a house “ in your home country that you are renting. Or houses!!
    You can claim that income as foreign income exclusion. “ up to a certain amount”. Then would be required to pay taxes on the rest

    The whole point of taxes is that you live here . You file taxes. Contributed your part to the anerican way of life. Which also counts as part of you having good moral conduct
    Filed/paid taxes= good moral
    Did not file /paid taxes = not of good moral. Or you beter have a really good explaination. Wasnt working etc etc

    When you file your n400. Im sure you made sure that you were eligible. They dont look at your taxes to determine if you wanted to abandon ur GC status
  7. SusieQQQ

    SusieQQQ Well-Known Member

    There’s a ton of BS out on the net and half of it is in blogs.
    Per official uscis page the 2 tax issues that can be deemed to lead to abandoning green card are not filing tax returns while living abroad and declaring yourself nonresident on tax. Talk to your own tax person about this exemption. I suspect the potential issue arises if you are actually living and working outside the us while earning that income which can be deemed to abandon residence (which is not the same thing as the filing) - given that usually tax is dealt with via tax treaties not double taxing you without having to use this
    I’m not a tax expert of course
    But I’ve nevr heard of anyone denied citizenship for this
    Last edited: Apr 12, 2018
  8. rams106

    rams106 New Member

    Thanks Jbuff. I don't think you can claim exclusion i am talking about if you are in the US and in the situation you described. The exclusion I have talked about is based on being present in another country and having being taxed there.
  9. rams106

    rams106 New Member

    So if the 1040NR is used only then the following phrases will apply?:

    1. USCIS may find that an applicant who claimed special tax exemptions as a nonresident alien to have lost LPR status through abandonment

    2. Other examples that may raise a rebuttal presumption that an applicant has abandoned his or her LPR status include cases where there is evidence that the applicant voluntarily claimed nonresident alien status to qualify for special exemptions from income tax liability or fails to file either federal or state income tax returns because he or she considers himself or herself to be a non-resident alie

    (Taken from USCIS volume 12 - Part D - chapter 3).

    When you say living and working abroad. That is what the foreign earned exclusion shows because it's based on a physical presence test abroad or bona fide residence. So there is a potential issue?
  10. SusieQQQ

    SusieQQQ Well-Known Member

    Again I’m not an expert but logically you can (for a while under certain circumstances) have physical presence abroad without losing residency, I’d think if you are claiming bona fide residency abroad however that could be a problem because that is exactly saying you are actually resident elsewhere. This is what seems to me to be logical, it’s not a legal view. It would be useful to know on what basis you actually claimed the exclusion rather than trying to hypothesize all possible scenarios.
  11. rams106

    rams106 New Member

    Thank you for your reply. I'm asking in regards to using the physical presence test on the foreign exemption.
  12. SusieQQQ

    SusieQQQ Well-Known Member

    Again logically rather from a legal expert perspective, if you were out of the country lomg enough to qualify for that but not lomg enough to lose residency (ie no problems being readmitted into the US) I would think it’s fine.
  13. rams106

    rams106 New Member

    Thanks again Susie. I know you're not a tax expert and you have probably mentioned something similar but just to confirm in your opinion is the "non-resident" only really applicable to using the 1040NR (NR= nonresident) tax return form? As in is that what USCIS are asking about when they ask if you ever filed as a nonresident? Thanks.
  14. rams106

    rams106 New Member

    Anyone know what exactly defines "Non-resident" as asked by USCIS? Specifically the question that asks if you have ever filed your taxes as a non resident or didnt file them because you considered yourself a nonresident? Is it only asking regarding the use of form 1040NR?
  15. newacct

    newacct Well-Known Member

    Yes. Nonresident alien for tax purposes.

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