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  #8  
Old 01-25-2008, 08:21 PM
s_pickle2001@yahoo.com
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Default Re: Do I have to file TD F 90-22.1?

On Jan 24, 1:29*pm, "removeps-gro...[at]yahoo.com" <removeps-
gro...[at]yahoo.com> wrote:
- quote -

> On Jan 23, 10:56*am, HudRiv <ysmry...[at]gmail.com> wrote:
> > I am a green card holder living in my own country. I have bank
> > accounts here and the total balance is more than $10,000. The
> > instruction on the form says that the United States Person has to file
> > this form. Then, it also says that the term "United States person"
> > means (1) a citizen or resident of the United States,... I wonder if
> > "residents of the United States" includes green card holders living
> > out side of the U.S. Your advice is appreciated. Thank you very much.

> Yes, you have to file. *Be aware that your green expires one year
> after you have been out of the country, though you can fill in a form
> and have it expire after 2 years.



It is more complicated than that. You cease to be a permanent resident
immediately if you leave the US with the intention of living abroad
permanently. Even after a year he may get a returning resident visa if
he demonstrates that he has not abandoned his residence in the US. In
the worst case, he would have a chance before an immigration judge if
tried to return to the US after an absence of more than a year. It is
certainly not something for a tax adviser to decide. The Treasury will
happily consider him a US resident if it is more advantageous to them.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #7  
Old 01-24-2008, 12:45 PM
Benjamin Yazersky CPA
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Default Re: Do I have to file TD F 90-22.1?

On Jan 23, 1:56 pm, HudRiv <ysmry...[at]gmail.com> wrote:
- quote -

> I am a green card holder living in my own country. I have bank
> accounts here and the total balance is more than $10,000. The
> instruction on the form says that the United States Person has to file
> this form. Then, it also says that the term "United States person"
> means (1) a citizen or resident of the United States,... I wonder if
> "residents of the United States" includes green card holders living
> out side of the U.S. Your advice is appreciated. Thank you very much.
> --


green card=us resident

<<< Benjamin Yazersky, CPA [NJ & NY] > > -----> real address on hobokeni or hobokenx <-----



"This written advice was not intended or written to be used, and it
cannot
be used by any taxpayer, for the purpose of avoiding penalties that
may be
imposed on the taxpayer."

(The foregoing legend has been affixed pursuant to U.S. Treasury
Regulations
governing tax practice.)



The information transmitted is intended only for the person or entity
to
which it is addressed and may contain confidential and/or privileged
material. Any review, retransmission, dissemination or other use of,
or
taking of any action in reliance upon, this information by persons or
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this in error, please contact the sender and delete the material from
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--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #6  
Old 01-24-2008, 12:29 PM
removeps-groups@yahoo.com
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Posts: n/a
Default Re: Do I have to file TD F 90-22.1?

On Jan 23, 10:56*am, HudRiv <ysmry...[at]gmail.com> wrote:

- quote -

> I am a green card holder living in my own country. I have bank
> accounts here and the total balance is more than $10,000. The
> instruction on the form says that the United States Person has to file
> this form. Then, it also says that the term "United States person"
> means (1) a citizen or resident of the United States,... I wonder if
> "residents of the United States" includes green card holders living
> out side of the U.S. Your advice is appreciated. Thank you very much.


Yes, you have to file. Be aware that your green expires one year
after you have been out of the country, though you can fill in a form
and have it expire after 2 years.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #5  
Old 01-23-2008, 11:17 PM
Alan
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Posts: n/a
Default Re: Do I have to file TD F 90-22.1?

Alan wrote:
- quote -

> Gil Faver wrote:
> > "Alan" <sfcnm-mtm[at]yahoo.com> wrote in message
> > news:nYPlj.207$Ej5.144[at]newssvr29.news.prodigy.net...
> > > PeterL wrote:
> > > > On Jan 23, 12:29 pm, Alan <sfcnm-...[at]yahoo.com> wrote:
> > > > > HudRiv wrote:
> > > > > > I am a green card holder living in my own country. I have bank
> > > > > > accounts here and the total balance is more than $10,000. The
> > > > > > instruction on the form says that the United States Person has to
> > > > > > file
> > > > > > this form. Then, it also says that the term "United States person"
> > > > > > means (1) a citizen or resident of the United States,... I wonder if
> > > > > > "residents of the United States" includes green card holders living
> > > > > > out side of the U.S. Your advice is appreciated. Thank you very much.
> > > > > Until such time that you formally surrender your lawful permanent
> > > > > residency of the U.S., you are a resident alien of the U.S. and
> > > > > you must abide by U.S. tax law as it relates to U.S. citizens and
> > > > > residents.
> > > > > > > > > > > So what does the law says about a green card holder who does not live
> > > > in the US and has no income from US sources? (Except I am guessing
> > > > minor interests from the bank account.)
> > > > > > Us citizens and US resident aliens are taxed on their worldwide
> > > income regardless of source or where in the world they reside. If
> > > one's income is high enough to meet the filing requirement for one's
> > > filing status, a tax return has to be filed. This is true even if
> > > all their income was excludable as foreign earned income.
> > > > is a holder of a green card, who is living not in the U.S. but in his

> > home country, a "US resident alien"?

> See my original reply to the OP in this thread. In addition, here is
> what the US Embassy in just about every country has on their website:
> If you have a U.S. green card, you are a lawful permanent resident of
> the U.S. even if you live abroad. This means you are treated as a U.S.
> resident for U.S. income tax purposes and you are subject to U.S. tax on
> your worldwide income from whatever source derived. Accordingly, you
> must file a U.S. tax return unless (1) there has been a final
> administrative or judicial determination that your lawful permanent
> resident status has been revoked or abandoned, (2) your gross income
> from worldwide sources is less than the amounts that require a tax
> return to be filed, or (3) your U.S. residence status is affected by an
> income tax treaty.

I should have added: See IRS Pub 4588, Tax Guide for Green Card
Holders. http://www.irs.gov/pub/irs-pdf/p4588.pdf

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #4  
Old 01-23-2008, 11:12 PM
Alan
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Posts: n/a
Default Re: Do I have to file TD F 90-22.1?

Gil Faver wrote:
- quote -

> "Alan" <sfcnm-mtm[at]yahoo.com> wrote in message
> news:nYPlj.207$Ej5.144[at]newssvr29.news.prodigy.net...
> > PeterL wrote:
> > > On Jan 23, 12:29 pm, Alan <sfcnm-...[at]yahoo.com> wrote:
> > > > HudRiv wrote:
> > > > > I am a green card holder living in my own country. I have bank
> > > > > accounts here and the total balance is more than $10,000. The
> > > > > instruction on the form says that the United States Person has to file
> > > > > this form. Then, it also says that the term "United States person"
> > > > > means (1) a citizen or resident of the United States,... I wonder if
> > > > > "residents of the United States" includes green card holders living
> > > > > out side of the U.S. Your advice is appreciated. Thank you very much.
> > > > Until such time that you formally surrender your lawful permanent
> > > > residency of the U.S., you are a resident alien of the U.S. and
> > > > you must abide by U.S. tax law as it relates to U.S. citizens and
> > > > residents.
> > > > > > > > So what does the law says about a green card holder who does not live
> > > in the US and has no income from US sources? (Except I am guessing
> > > minor interests from the bank account.)
> > > > Us citizens and US resident aliens are taxed on their worldwide income

> > regardless of source or where in the world they reside. If one's income is
> > high enough to meet the filing requirement for one's filing status, a tax
> > return has to be filed. This is true even if all their income was
> > excludable as foreign earned income.

> is a holder of a green card, who is living not in the U.S. but in his home
> country, a "US resident alien"?

See my original reply to the OP in this thread. In addition, here
is what the US Embassy in just about every country has on their
website:

If you have a U.S. green card, you are a lawful permanent
resident of the U.S. even if you live abroad. This means you are
treated as a U.S. resident for U.S. income tax purposes and you
are subject to U.S. tax on your worldwide income from whatever
source derived. Accordingly, you must file a U.S. tax return
unless (1) there has been a final administrative or judicial
determination that your lawful permanent resident status has been
revoked or abandoned, (2) your gross income from worldwide
sources is less than the amounts that require a tax return to be
filed, or (3) your U.S. residence status is affected by an income
tax treaty.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #3  
Old 01-23-2008, 10:40 PM
Gil Faver
Guest
 
Posts: n/a
Default Re: Do I have to file TD F 90-22.1?


"Alan" <sfcnm-mtm[at]yahoo.com> wrote in message
news:nYPlj.207$Ej5.144[at]newssvr29.news.prodigy.net...
- quote -

> PeterL wrote:
> > On Jan 23, 12:29 pm, Alan <sfcnm-...[at]yahoo.com> wrote:
> > > HudRiv wrote:
> > > > I am a green card holder living in my own country. I have bank
> > > > accounts here and the total balance is more than $10,000. The
> > > > instruction on the form says that the United States Person has to file
> > > > this form. Then, it also says that the term "United States person"
> > > > means (1) a citizen or resident of the United States,... I wonder if
> > > > "residents of the United States" includes green card holders living
> > > > out side of the U.S. Your advice is appreciated. Thank you very much.
> > > Until such time that you formally surrender your lawful permanent
> > > residency of the U.S., you are a resident alien of the U.S. and
> > > you must abide by U.S. tax law as it relates to U.S. citizens and
> > > residents.
> > > > > > So what does the law says about a green card holder who does not live

> > in the US and has no income from US sources? (Except I am guessing
> > minor interests from the bank account.)
> > Us citizens and US resident aliens are taxed on their worldwide income

> regardless of source or where in the world they reside. If one's income is
> high enough to meet the filing requirement for one's filing status, a tax
> return has to be filed. This is true even if all their income was
> excludable as foreign earned income.



is a holder of a green card, who is living not in the U.S. but in his home
country, a "US resident alien"?

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #2  
Old 01-23-2008, 10:20 PM
Alan
Guest
 
Posts: n/a
Default Re: Do I have to file TD F 90-22.1?

PeterL wrote:
- quote -

> On Jan 23, 12:29 pm, Alan <sfcnm-...[at]yahoo.com> wrote:
> > HudRiv wrote:
> > > I am a green card holder living in my own country. I have bank
> > > accounts here and the total balance is more than $10,000. The
> > > instruction on the form says that the United States Person has to file
> > > this form. Then, it also says that the term "United States person"
> > > means (1) a citizen or resident of the United States,... I wonder if
> > > "residents of the United States" includes green card holders living
> > > out side of the U.S. Your advice is appreciated. Thank you very much.

> > Until such time that you formally surrender your lawful permanent
> > residency of the U.S., you are a resident alien of the U.S. and
> > you must abide by U.S. tax law as it relates to U.S. citizens and
> > residents.
> > So what does the law says about a green card holder who does not live

> in the US and has no income from US sources? (Except I am guessing
> minor interests from the bank account.)

Us citizens and US resident aliens are taxed on their worldwide
income regardless of source or where in the world they reside.
If one's income is high enough to meet the filing requirement for
one's filing status, a tax return has to be filed. This is true
even if all their income was excludable as foreign earned income.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #1  
Old 01-23-2008, 10:00 PM
PeterL
Guest
 
Posts: n/a
Default Re: Do I have to file TD F 90-22.1?

On Jan 23, 12:29*pm, Alan <sfcnm-...[at]yahoo.com> wrote:
- quote -

> HudRiv wrote:
> > I am a green card holder living in my own country. I have bank
> > accounts here and the total balance is more than $10,000. The
> > instruction on the form says that the United States Person has to file
> > this form. Then, it also says that the term "United States person"
> > means (1) a citizen or resident of the United States,... I wonder if
> > "residents of the United States" includes green card holders living
> > out side of the U.S. Your advice is appreciated. Thank you very much.

> Until such time that you formally surrender your lawful permanent
> residency of the U.S., you are a resident alien of the U.S. and
> you must abide by U.S. tax law as it relates to U.S. citizens and
> residents.



So what does the law says about a green card holder who does not live
in the US and has no income from US sources? (Except I am guessing
minor interests from the bank account.)

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 
Old 01-23-2008, 07:29 PM
Alan
Guest
 
Posts: n/a
Default Re: Do I have to file TD F 90-22.1?

HudRiv wrote:
- quote -

> I am a green card holder living in my own country. I have bank
> accounts here and the total balance is more than $10,000. The
> instruction on the form says that the United States Person has to file
> this form. Then, it also says that the term "United States person"
> means (1) a citizen or resident of the United States,... I wonder if
> "residents of the United States" includes green card holders living
> out side of the U.S. Your advice is appreciated. Thank you very much.

Until such time that you formally surrender your lawful permanent
residency of the U.S., you are a resident alien of the U.S. and
you must abide by U.S. tax law as it relates to U.S. citizens and
residents.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #-1  
Old 01-23-2008, 05:56 PM
HudRiv
Guest
 
Posts: n/a
Default Do I have to file TD F 90-22.1?

I am a green card holder living in my own country. I have bank
accounts here and the total balance is more than $10,000. The
instruction on the form says that the United States Person has to file
this form. Then, it also says that the term "United States person"
means (1) a citizen or resident of the United States,... I wonder if
"residents of the United States" includes green card holders living
out side of the U.S. Your advice is appreciated. Thank you very much.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 

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