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Immigration on Tips for Tax season

It’s that time again when Americans are grumbling. No, we’re not talking about the economy. We’re talking about the annual looming deadline of April 15th when…

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It’s that time again when Americans are grumbling. No, we’re not talking about the economy. We’re talking about the annual looming deadline of April 15th when all those living and working within the U.S. (and sometimes outside of the U.S.) must pay income taxes.

It’s often been said that there are only two things in life that are certain: death and taxes and both are, unfortunately, quite correct.  However, while we are alive and hopefully enjoying life we still do need to concentrate on paying our taxes and paying them on time.

In the immigrant community, many tax questions arise, especially for those who are multinational businessmen and women and may spend equal amounts of time in the U.S. and outside of the country. Competent tax professionals should be hired to assist in completing all the requisite tax forms, for filing incorrectly not only has tax consequences but immigration consequences as well. For Lawful Permanent Residents of the U.S. who are traveling frequently outside of the U.S. and often actually living outside, a word of caution: filing the wrong tax form could cost you your Permanent Resident status and prevent you from gaining U.S. citizenship.

Take the case of Clara, a widow who was married to a U.S. citizen and lived in the U.S. for many years. After her husband’s death she returned overseas but spent a portion of the year in the U.S. vacationing in Florida. Her helpful accountant suggested that he could save her lots of money. He told her that while she did need to file taxes she could file Form 1040NR, U.S. Nonresident Alien Income Tax Return, which she happily did. However, when she decided to file for U.S. citizenship she was unable to do so for a permanent resident’s filing of a nonresident income tax return is evidence( although rebuttable) that a foreign national has abandoned Lawful Permanent status. In fact, if a naturalization application were filed the mere filing of a tax return as a non-resident would prompt USCIS to inquire as to the lawful permanent resident’s intent—whether he or she had abandoned “green card” status.

So, this tax season, remember to seek and receive good, solid legal advice before filing your taxes. Your immigration status depends upon it! 

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