Discussion:Resident Alien working in home country
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Discussion Forum Index --> Tax Questions --> Resident Alien working in home country
| 26 October 2009 | |
| I have a question I am trying to help a individual with and can't seem to find the answer. He lives in his home country and works for the UN which is based out of New York. He is paid in his home countries currency. He says he is a resident alien of the US, but he works in his home country all year, but comes to the US for vacation on occasion. He is trying to apply for naturalization and they ask about tax returns on the application. He has never filed a tax return, and is wondering if he should of it the past. He says he doesn't have to pay taxes on his income, and I am not sure if this is the caseb)bbbbbbbbb b or not. I can not find any concrete answers, and was wondering if anyone has dealt with a situation as such. I have looked through Pub 519 with no success. Any suggestions would be greatly appreciated. Thanks! | |
| 26 October 2009 | |
| Questions to ask:
Does he have a currently valid green card? Does he get a W-2 from the UN? I suspect that the UN has some special deal with the US govt, since their financial sources are dues from the contributing countries. Does he a letter from the UN describing his position and relation to the UN? Would he have a position with the UN if he moved stateside? The last two would be more relevant for INS. The tax return are not as important as the last two above IMHO. | |
| 26 October 2009 | |
| He may want to use voluntary disclosure to minimise tax and FBAR penalties.
He is a resident alien and taxable on worldwide income each year. | |
| 26 October 2009 | |
| Take a look at the sections quoted by R2 and the accompanying regulations. Then determine if an income tax treaty has been entered into by the US and the home country. | |
| 27 October 2009 | |
| Sounds like he runs some risk of losing his "Green Card" as well.
I did a search for "Resident Alien Status" and got this from Wikipedia "Under certain conditions, permanent residence status can be lost involuntarily. This includes committing a criminal act that makes a person removable from the United States. A person might also be found to have abandoned their status if he or she moves to another country to live there permanently, stays outside the USA for more than 365 days (without getting a re-entry permit before leaving)[30], or does not file an income tax return. Permanent resident status can also be lost if it is found that the application or grounds for obtaining permanent residence was fraudulent. The failure to renew the permanent resident card does not result in the loss of status, except in the case of conditional permanent residents as noted above..." http://en.wikipedia.org/wiki/Permanent_residence_(United_States) | |
| 28 October 2009 | |
| Why does he think his income is not taxable to the US? UN income (earned in the US) is nontaxable only to nonresident aliens.
If he is a resident alien by virtue of the green card test, then he has to report world-wide income even when he's in his native home country working for the UN, but he might also qualify for the foreign earned income exclusion and/or the foreign tax credit. The situation I'm familiar with is a UK national with a green card who's working for a US company in England and gets paid in Pound Sterling. He pays income taxes to the UK. He comes to the US every year to maintain his intent to be a permanent resident. He files his US taxes every year and excludes most of it under the foreign earned income exclusion and claims the foreign tax credit on the excess. | |
| 28 October 2009 | |
| >>Why does he think his income is not taxable to the US?
Because he's working in his own country now and it sounds like for a number of years. Since he's been out so long I suspect that he is non-resident alien and his card may have expired. Also I suspect that he would love to have it US taxable to facilitate immigration - a valid SSN for work in the US would be very nice. The UN is not a US organization or business. The UN Headquarters is hosted by NYC/NY/USA. The treaties and legal paperwork to set this up would sink the Titanic. Every country on the planet sending folks is making sure their employees dont pay taxes here. And even less so when working at home. Bet your silver shillings and gold guineas on it. | |
| 28 October 2009 | |
| Wages paid to an employee of the UN are not taxable for US tax purposes if the employee is not a citizen of the United States, or is a citizen of the Republic of the Philippines. Sec. 893. | |
| 28 October 2009 | |
| The UN archives treaties between countries, for example Albania - Italy agree not to double tax citizens working in the other country. The possible number of such bilateral agreements is an eye opening 18,336 (192 countries * 191 / 2). Will have to knock off quite a number due to EU, though. | |
| 28 October 2009 | |
| Is he trying to apply for naturalization or immigration? The Green Card issue needs to be resolved before proceeding any further. A good immigration lawyer will pay dividends, I think. I do not regret engaging one to handle my immigration to the US and my subsequent naturalization. | |
| 28 October 2009 | |
| I understand that this man is a permanent resident (Green card holder), which means he's not yet a citizen. Since, by what R2 says, he has no duty to pay U.S. taxes, then it follows that he should not lose his green card due to failure to file a U.S. return. I agree, he should speak to a immigration lawyer to make sure, I guess.
Most of these fellers don't want to give up a cushy job at the U.N. to become a U.S. citizen, when they can have fun pretending to solve the world's problems, and fly home for the local cuisine. | |
| 28 October 2009 | |
| Crow, I agree that the client should not fail in his application simply because he has not filed a return that is not required. However, given the information provided by the OP, I do not see how the client is a permanent resident of the USA. I am not a lawyer but I believe one of the requirements for citizenship is that you reside in the USCIS district (or state) in which the application is made for three months prior to the application. | |
| 28 October 2009 | |
| These UN people get all kinds of privileges and emoluments Keith that the ordinary man knows nothing about. They can park anywhere in NY City, and they don't get a parking ticket. I guess if he has time one day after getting his nails done, and his toe's polished, he can drive over to his immigration lawyer's office and speak to him, while leaving his car parked in the middle of a major intersection. A lot of them take the bus or subway, and don't pay. This is how Bruno got away with his stunts. | |
| 28 October 2009 | |
| Thanks for all the input, the country he works in does not have a treaty with the U.S, and by the sounds of what he has said he is a resident alien. The information from him is a little unclear, making it difficult to decipher. He was referred here by a friend who lives in the U.S. who comes to us, and was just trying to help him out, but still trying to get some definite answers from the client to help him. | |
| 28 October 2009 | |
| Chrish, you're not asked to solve his immigrations problems, if he has any.
Here's what R2 said: Wages paid to an employee of the United Nations are not taxable for US tax purposes if the employee is not a citizen of the United States, or is a citizen of the Republic of the Philippines. Sec. 893. You said the man was a permanent resident, which means he's not a citizen, so what R2 says should apply. | |
| 28 October 2009 | |
| I wonder if he has to waive his exemption rights via I-508 to keep his permanent residency status. | |
| 28 October 2009 | |
| KeithR gave the best advice yet. Refer him to a good immigration lawyer. He does not have tax problems (yet). | |
| 28 October 2009 | |
| He may have Treasury problems if he has not filed his FBARs. | |
| 28 October 2009 | |
| Yes, if Chrish is Krish, then his FBARS are probably in gold bars (or gold jewelry). Which wouldn't be too bad, come to think about it. I'm sure a lot of Indian people are smiling from ear to ear right now. The French used to keep some gold under the mattress too, I believe (of course, a lot of it was frittered away on baubles; good for them, life is short). | |


