What is my tax obligation as a non resident alien while waiting for EB-5 approval? - EB5Investors.com

What is my tax obligation as a non resident alien while waiting for EB-5 approval?

Is the US tax obligation applicable for me as a non resident alien until my I-526 petition is approved?

Answers

Salvatore Picataggio

Salvatore Picataggio

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Tax residency applies along a different timeline than immigration residency, and chatting with an internationally experienced accountant will be really beneficial.

Dennis Tristani

Dennis Tristani

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

A non-resident alien is defined by the Internal Revenue Service (IRS) as someone who is not a green card holder or someone who has not passed the substantial presence test. Both of these terms are defined by the IRS and available for review on their website. An individual with a pending I-526 who is not present in the U.S. and is residing abroad has unlikely triggered any U.S. liability if they have not been present in the U.S. for significant periods of time. Once an individual becomes a lawful permanent resident, U.S. tax obligations will commence. I recommend obtaining professional taxation advice to address your personal situation.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Best to check with a tax attorney.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You can be subject to worldwide taxation either by having a green card or by being physically present in the U.S. for a certain period of time.

Ying Lu

Ying Lu

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

The situation of each individual is different. I would suggest you consult a U.S. CPA about your tax questions.

Phuong Le

Phuong Le

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

This is exactly the reason why we always advise our clients to seek a consultation from a tax advisor/consultant (not just a CPA) as they go through the source of funds process. Among other things, your answer depends on whether you are considered a tax resident for U.S. tax purposes, how much time you have spent in the U.S., and etc. It is impossible to answer your question without knowing more about your specific situation.

Stephen Berman

Stephen Berman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

This is a question you should direct to an accountant.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.