chrobo

Hi all,
I have US citizenship through family but have never lived there nor worked there, and therefore never filed taxes. I'm thinking of moving to the US in the near future for 1-2 years for work and wondering if there is a good website to figure out what I need to do regarding past tax years in order to enter and work there with no issues. Personal advice is also welcome.

Thanks!

Pulaski

.... Therefore you're in breach of US law. Not living or working in the US is not a valid reason for a US citizen to not file an annual tax return.

That said, it's quite easy, with only a few numbers needed, and in almost all cases you won't have a tax bill. It is quite easy to file three years of returns in arrears, so I would recommend starting by doing that.

ian-mstm

Unless you are below the threshold for filing, you are obligated under US law to file an annual US tax return regardless of where you live or work. The US taxes her citizens on their worldwide income.

That said, this isn't an immigration-related issue... so perhaps a moderator will move it to the general USA forum.

Ian

Wintersong

Here's a good place to start

https://www.irs.gov/uac/newsroom/inf...utside-the-u-s

MarylandNed

See the links below.

The first thing to decide is if you're going to comply via OVDP or SFOP (hopefully the latter). If you're unsure, you should consult with a lawyer who is familiar with US tax law.

https://www.hg.org/article.asp?id=36855

Streamlined Filing Procedures for Disclosing Foreign Assets and Income

https://www.irs.gov/individuals/inte...nce-procedures

https://www.irs.gov/individuals/inte...-united-states

https://www.irs.gov/individuals/inte...losure-program

Cook_County

On what basis are you a US citizen. Are you sure that you are a citizen.

ian-mstm

Umm... read the first sentence.


Since it's pretty much illegal to claim you're a USC if you aren't one, I'm going to go out on a limb and ask why you're even questioning it. Still, philosophically speaking, how can any of us be sure of anything? I might, for example, be sure that you're a fool... but how do I really know for sure?

Ian

Cook_County

Ian - I meet several people each year who have valid US passports, but have no claim to US citizenship because their parents were on the "blue list" when they were born in the US. Others I meet still believe they are US persons, but have performed a relinquishing act.


In this case, we do not know on what basis the OP considers her/himself a US citizen.

Rete

Begs to be asked ... do you walk up to people and ask their citizenship and demand to see a passport and research whether or not they are truly citizens or frauds? And the heck is the blue list? I answered my own question.

BTW how do you have a valid US Passport but have no claim to US citizenship.

"DEFINITION of 'Blue List' A daily digest of municipal and corporate bond offerings, market commentaries, fixed-income statistics and other bond information. The blue list is used by bond investors to identify investment opportunities in the bond market."

OR

"A person born in the United States to a foreign diplomatic officer accredited to the United States is not subject to the jurisdiction of United States law. Therefore, that person cannot be considered a U.S. citizen at birth under the 14th Amendment to the United States Constitution. This person may, however, be considered a permanent resident at birth and able to receive a green card through creation of record.

To determine whether your parent is a foreign diplomatic officer, your parent’s accredited title must be listed in the State Department Diplomatic List, also known as the Blue List. This list includes:
•Ambassadors
•Ministers
•Charges d’affaires
•Counselors
•Secretaries and attaches of embassies and legations
•Members of the Delegation of the Commission of the European Communities

It also includes those with comparable diplomatic status and immunities assigned to the United Nations or to the Organization of American States and other persons who have comparable diplomatic status."

Pulaski

The OP seems to be entirely clear and confident that he is a US citizen. Who are we to introduce uncertainty when there doesn't appear, prima facie, to be any?

Like Rete, I am also intrigued to know how someone might have a US passport and yet have "no claim to US citizenship", notwithstanding their parents being on the blue list.

Cook_County

Great question. I am not surprised at the puzzlement. This is because the folks who issue US passports sometimes make mistakes. However, a later passport renewal can be refused if the blue list is checked. Some people have 2 or 3 US passports - believe they are citizens and pay US tax accordingly - and suddenly when a passport renewal comes along are refused.


Separately, there are going to be a decent number of US passports in issue to people who lied (or their parents lied) on application forms; simply to get that prized right to live in America.


In today's universe - where expatriation is the prize many people are seeking to win - finding an argument that one was never a US citizen at all is becoming a popular line of thinking.

theOAP

I've had more than 1 person ask me "I think I'm an American citizen and I want to move to the US. My mum/dad was born in the US"

It turns out the son/daughter is not a US citizen.

If I'm reading the OP right, the OP has yet to confirm if they have a US passport or not. They may have a valid, correct US passport; they just need to confirm it.

Pulaski

If Cook_Co is correct, they could have a US passport and still might not be a USC.

theOAP

And that's why I said "valid and correct"

MarylandNed

There have been documented cases of people who were born in the US, were not US citizens but yet holders of US passports. These were the children of foreign diplomats and they were issued US birth certs which they used to obtain US passports, SSNs, etc.

http://cis.org/birthright-citizenship-diplomats

This part is interesting:

Children of diplomats who receive U.S. birth certificates and SSNs have greater rights and protections than the average U.S. citizen because they can enjoy all of the benefits of U.S. citizenship, but also invoke diplomatic immunity if they break a law. A lack of direction from Congress has created what one might consider a “super citizen” who is above the law.

Although obviously if they invoked diplomatic immunity, they would then be outed as not being a USC.