Ed Beshara
Immigration Attorney
Answered on
It is advisable to retain the services of an experienced international tax attorney to explain that when you obtain conditional permanent residency you will be taxed on your worldwide income.
When do I need to start fulfilling tax obligations as an EB-5 investor?
I just filed my EB-5 application. I would like to know when I will be subject to U.S. taxation as an EB-5 investor. Does it start now, when I get the EB-5 visa, or when I remove the conditions on my green card?
Answers
-
![Avatar]()
-
![Avatar]()
Salvatore Picataggio
Immigration AttorneyAnswered onI am not a tax attorney or CPA, but my understanding is about six months of U.S. presence would make one a tax resident. Please consult with a CPA!
-
![Avatar]()
A Olusanjo Omoniyi
Immigration AttorneyAnswered onYou will be subject to tax obligations only when you enter and start living in the U.S. as a conditional permanent resident.
-
![Avatar]()
Bernard P Wolfsdorf
Immigration AttorneyAnswered onWhile you can become subject based on physical presence, generally you can become a U.S. tax resident when you land with your conditional green card.
-
![Avatar]()
Charles Foster
Immigration AttorneyAnswered onYou are taxed as a U.S. resident after obtaining your conditional lawful permanent residency.
-
![Avatar]()
Julia Roussinova
Immigration AttorneyAnswered onOnce you receive your green card, you will be subject to U.S. taxation on worldwide income. Please contact an estate and tax planning attorney to discuss planning.
-
![Avatar]()
Hassan Elkhalil
Immigration AttorneyAnswered onIt starts now. If you live in the U.S. for more than six months per year, even if you are not conditional resident or green card holder, you should file for your taxes.
-
![Avatar]()
-
![Avatar]()
BoBi Ahn
Immigration AttorneyAnswered onUpon being granted permanent residency (conditional permanent residency included), you would become subject to U.S. taxes. You should consult a tax specialist for further confirmation and guidance.
-
![Avatar]()
Vaughan de Kirby
Immigration AttorneyAnswered onYou become subject to U.S. taxation upon the receipt of your green card. I would recommend you consult with a CPA soon so you can plan your affairs to reduce your tax exposure.
-
![Avatar]()
Marko Issever
EB-5 Broker DealerAnswered onThere are three main stages of the EB-5 process. First, filing of the I-526 petition and its approval. Second, once the I-526 is approved, if your priority date is current, applying for the conditional green card either through adjustment of status through filing of I-485 if you are in the U.S. already, or through arranging of a consular interview if you are abroad. Then third, once you fulfill your sustainment period defined as holding the conditional green card for two years, the filing and approval of I-829. Your tax obligations to the U.S., for global income, start at the moment you have a conditional green card, not at the moment of the filing or approval of your I-526. That said, if you ever have U.S. income, no matter what kind of visa you are on, you would always have a tax liability on that portion of the income to the U.S. One other thing you need to be cognizant is that if you have a low historical base on securities or real estate you purchased before obtaining your conditional green card, once you become a conditional green card holder that historical tax base is used for capital gains purposes, even if that date is a very long time ago. This is not the forum to discuss all permutations of tax consequences, as this field is very complicated. Early on, way before you obtain your conditional green card, you should consult with a tax attorney or accountant to advise you on tax planning to avoid any surprises.
