Tax Returns for New Green Card Holder.

A

ajk

Registered Users (C)
Hi Guys,

My wife and I endorsed our Green Cards on 18/12/2010 @ JFK; we stayed in NY for around 2 weeks.

Since then, we have been outside the US (packing and getting ready for the move); oh and having a child!

Now to my questions:

Do my wife and I have to file federal tax returns covering the 2 week period for 2010?

As we don't currently have a US residence (we are using a friends address), should we be filing any state or local tax returns?

I know this is a big deal, if we get it wrong it could have distasterous consequences, so i would appreciate any informed advice!

Many Thanks
AJK
 
So what you are telling me is, that although we are effectively residents for 2 weeks in 2010 we still have to submit federal personal tax returns? Is there no minimum income requirement for US federal personal tax returns? Is there no tax free threshold; ie: income below a certain amount is non taxable? If that is the case that is fine, but i need to be sure.

Can anyone else provide any insight?

Many thanks!
AJK
 
Only people of a certain income level need to file. Check on that FIRST. Foreign income up to a certain amount may be excluded. Foreign taxes paid may be credited. You should not owe anything to the IRS but depending on your individual circumstances, you might be required to file a return. Checking with a tax professional is a wise move for this year and for future use.
 
Hi Big Joe,

Thanks for the response. My foreign earnings are in the UK (where i am presently based), which as i understand has an existing tax treaty.
So it is highly unlikely that i will owe any tax for two weeks work, at least i would think so!

Checking with a professional seems like a good move, but i welcome any further advice.

Cheers,
AJK
 
You have to check with a professional. You can file as dual resident, but you must file as resident for the period you've been a GC holder.
 
Foreign income up to a certain amount may be excluded. Foreign taxes paid may be credited. You should not owe anything to the IRS but depending on your individual circumstances, you might be required to file a return. Checking with a tax professional is a wise move for this year and for future use.
 
So, i have now found out that my wife is not required to file a return because for the taxable year as a resident her earnings where below the minimum amount required to file a return.

However, because i was self employed (in the UK) i apparently have to file a return as my earnings were over 400 USD for that taxable year as a resident.
My wife and i are residents from December 18th 2010 (around 2 weeks).

Anyhow, from talking to IRS they are saying i have to lodge a DUAL RESIDENT (effectively 1040NR + 1040) return which includes filing a NON Resident return for the period up until i was not a resident in 2010 for tax purposes? Does this sound right to anyone with experience in these matters?

Also, i have been informed that i am not entitled for the automatic 2 month extention usually provided for residents currently living abroad, which means i am already late!!! I plan on sorting this all out when i move permanently to NY at the end of the month.

Is there any risk of being DEPORTED (before even getting a chance to live and work in the USA) for filing my returns late? I hear it is a real be issue for not filing tax returns while a GC holder?

ajk
 
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