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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

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    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.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I 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!

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You 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 Attorney
    Answered on

    While 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.

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    Charles Foster

    Immigration Attorney
    Answered on

    You are taxed as a U.S. resident after obtaining your conditional lawful permanent residency.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    Once 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 Attorney
    Answered on

    It 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

    Lynne Feldman

    Immigration Attorney
    Answered on

    Best to contact an international tax expert.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Upon 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.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    You 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 Dealer
    Answered on

    There 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.

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