Green card holders: the “tax treaty tiebreaker” and eligibility for Streamlined Offshore

Before you read this post!! Warning!! Warning!! Before a “Green Card” holder uses the “Treaty Tiebreaker” provision of a U.S. Tax Treaty, he/she must consider what is the effect of using the “Treaty Tiebreaker” on: A. His/her immigration status under Title 8 (will he/she risk losing the Green Card?) B. His/her status under Title 26 […]

Green card holders, the “tax treaty tiebreaker” and reporting: Forms 8938, 8621 and 5471

Before you read this post!! Warning!! Warning!! Before a “Green Card” holder uses the “Treaty Tiebreaker” provision of a U.S. Tax Treaty, he/she must consider what is the effect of using the “Treaty Tiebreaker” on: A. His/her immigration status under Title 8 (will he/she risk losing the Green Card?) B. His/her status under Title 26 […]

Green card holders: the “tax treaty tiebreaker” rules and taxation of Subpart F and PFIC income

Before you read this post!! Warning!! Warning!! Before a “Green Card” holder uses the “Treaty Tiebreaker” provision of a U.S. Tax Treaty, he/she must consider what is the effect of using the “Treaty Tiebreaker” on: A. His/her immigration status under Title 8 (will he/she risk losing the Green Card?) B. His/her status under Title 26 […]

The US “expatriation tax” and the the incentive to apply for a Green Card and/or remain in the USA

America doesn’t really need skilled immigrants, or does it? Staple a "Green Card" to every PhD – Don't fall for this! Don't immigrate to the U.S. https://t.co/hHefrflU2v via @USCitizenAbroad — Citizenship Lawyer (@ExpatriationLaw) September 24, 2016 The above tweet references a post that references a comment by Victoria Ferauge:

Is Form 8938 required by “Green Card Holders” who are nonresidents by “treaty tie breaker”? – Any exemption is the result of “IRS grace”

Summary: @Vljeker interview with Bill Yates about the creation of IRS Form 8938 https://t.co/TLhSkdrYoq — Citizenship Lawyer (@ExpatriationLaw) September 23, 2016 The context: Form 8938 was created by the IRS to meet the reporting requirements mandated by Internal Revenue Code S. 6038D. S. 6038D was mandated by S. 511 of the HIRE Act. On March […]

Green Card Holders and #Americansabroad: “Residence”, “Long Term Residence” and the S. 877A “Exit Tax”

Tax jurisdiction and residential ties The two types of residential ties considered for all aliens When considering the meaning of “residence” for tax purposes, attempting to ascribe a place of “residence “to an individual, and imposing taxation on individuals, the Internal Revenue Code considers: A. The extent of “residential ties” to the United States; and […]

Are Green Card holders resident outside the USA “US persons” under the #FATCA IGA?

Introduction … Circa 2014: Are Green Card Holders who r resident in Canada "US Persons" within the meaning of Canada US FATCA IGA? https://t.co/txcOlpNMfJ — Citizenship Lawyer (@ExpatriationLaw) April 3, 2016 The above tweet references a comment that was left on Olivier Wagner’s Tax Samurai blog. Olivier is discussing an earlier post of mine called […]

Thoughts from a conversation: Green Cards – Dangers of moving to America and moving from America

"Coming to America" – Welcome to the land of Forms and #FBAR – It's what you couldn't imagine you don't know. https://t.co/cr9SPaOjHf — Citizenship Lawyer (@ExpatriationLaw) June 21, 2015 My #OVDI Progress http://t.co/e4i72v1Bkj via @wordpressdotcom – Another "Green Card" victim – he kept a bank account in the home country! — Citizenship Lawyer (@ExpatriationLaw) June […]

The teaching of Topsnik 2 – 2016: #Greencard expatriation and the S. 877A “Exit Tax”

What! You want to abandon your Green Card and leave the USA! Reverse Immigration: How IRS Taxes Giving Up Green Cards via @forbes https://t.co/SXFh2uUivs – Leaving the USA? The USA wants YOUR ASSETS! — Citizenship Lawyer (@ExpatriationLaw) May 22, 2017 Introduction – Introducing Gerd Topsnik – The World According to Facebook Discussion on Topsnik, tax […]

The teaching of Topsnik 1 – 2014: Taxation for #GreenCard @TaxResidency and “tax treaty tiebreakers”

Introduction This is part of a series of posts on: (1) “tax residency“, (2) the use of “treaty tiebreakers” when an individual is a “tax resident” of more than one jurisdiction and (3) how to use “treaty tiebreakers” to end “tax residency” in an undesirable tax jurisdiction. Topsnik 1: It’s about the taxation (not expatriation) […]