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Don't die In New Jersey as a green card holder !

Don't die In New Jersey as a green card holder !

Old May 1st 2015, 7:04 pm
  #16  
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Default Re: Don't die In New Jersey as a green card holder !

Originally Posted by tom169
Are there any lists of States / laws that don't play nicely with LPRs?
Depends what you call "play nicely".

For example most states will give you a drivers license but the validity is tied to whatever evidence you can provide regarding your status. So if you only give them a conditional greencard, your license will expire in 2 years.

There are lots of jobs which are out of reach for LPRs as you have to be a citizen. Police, various City, State, Federal government jobs or many civil service jobs in general.

There are quite strict laws against LPRs voting.
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Old May 1st 2015, 9:28 pm
  #17  
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Default Re: Don't die In New Jersey as a green card holder !

Originally Posted by MidAtlantic
I agree with you, but you said in#3 above that this law applies to everyone, so having citizenship would not help in this instance.
Well yes it would, because it's some stupid NJ law.
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Old May 1st 2015, 9:30 pm
  #18  
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Default Re: Don't die In New Jersey as a green card holder !

Originally Posted by Pulaski
As I understand the law in question, it isn't directly the issue of inheritance, it the removal of assets from within the scope of the IRS.
It's nothing to do with the IRS, it's the NJ Dept. of Revenue. The current estate tax limit for individuals is $5.43 million and double that for married couples. I.e. very few people would get hit with it.

In New Jersey though it's only $675,000.
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Old May 1st 2015, 9:40 pm
  #19  
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Default Re: Don't die In New Jersey as a green card holder !

Originally Posted by tom169
Are there any lists of States / laws that don't play nicely with LPRs?
The major exceptions are civil service jobs and voting rights. There are some differences in tax law: Estate Planning When You’re Married to a Noncitizen | Nolo.com

As Pulaski mentioned, transfers to an LPR spouse are taxed.

New Jersey seems to have copied that into State law, which matters because New Jersey has a much lower estate tax limit than at the Federal level.

I still think though that in the situation described, i.e. two LPRs who have been married and resident in the US for decades, that the way New Jersey is doing it violates the 14th Amendment. Especially in the light of US v. Windsor.

One could argue the Federal law on LPRs would be unconstitutional on the same basis, but I don't think anyone has bothered to challenge it.
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Old May 2nd 2015, 5:56 am
  #20  
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Default Re: Don't die In New Jersey as a green card holder !

Originally Posted by Jsmth321
So I guess it's best to enjoy your money while alive and die poor so the tax man can't have any.
I wonder how this works with life insurance?
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Old May 2nd 2015, 6:05 am
  #21  
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Default Re: Don't die In New Jersey as a green card holder !

Originally Posted by Ash UK/US
I wonder how this works with life insurance?
In the US not sure.

Life insurance appears to be non-taxable in Canada.
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Old May 2nd 2015, 7:09 am
  #22  
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Default Re: Don't die In New Jersey as a green card holder !

Originally Posted by Steve_
Well it's just another example of why you should apply for US citizenship. I'm sure this law is unconstitutional but it would have saved a lot of hassle of going to court.

My personal view is if you live country X you should always become a citizen of country X if it is possible. Even if you live in the Schengen Area, because I'm sure there's a lot of people living in Switzerland who didn't think Switzerland would vote to leave it.
WHAT? Switzerland is leaving Schengen? Why can't I find this anywhere?
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Old May 3rd 2015, 1:47 am
  #23  
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Default Re: Don't die In New Jersey as a green card holder !

There was a referendum last year, the Swiss are pissed off because of the high price of housing. According to the result, the govt. has three years to figure out how to leave the Schengen Area (or more accurately, to impose an immigration quota which would violate the agreement). Which in other words, means to hold another referendum and reverse the result. But technically they are planning on leaving in 2017.
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Old May 3rd 2015, 1:49 am
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Default Re: Don't die In New Jersey as a green card holder !

Originally Posted by Steve_
There was a referendum last year, the Swiss are pissed off because of the high price of housing. According to the result, the govt. has three years to figure out how to leave the Schengen Area. Which in other words, means to hold another referendum and reverse the result. But technically they are planning on leaving in 2017.
Call me ignorant if you will, but how would leaving Schengen affect housing prices as long as the free movement treaties remain in place?

P.S. Is this a reference to the Swiss immigration referendum to restrict freedom of movement? If so, I remember that. Didn't know it'd affect Schengen.
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Old May 3rd 2015, 1:51 am
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Default Re: Don't die In New Jersey as a green card holder !

Switzerland is not in the EU, so Schengen is what facilitates free movement. So no free movement, less immigrants, house prices go down, theoretically.
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Old May 3rd 2015, 1:52 am
  #26  
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Default Re: Don't die In New Jersey as a green card holder !

Originally Posted by Steve_
Switzerland is not in the EU, so Schengen is what facilitates free movement. So no free movement, less immigrants, house prices go down, theoretically.
It is? Schengen is about abolition of border controls if I understand correctly, nothing to do with who is allowed to live and work and buy property, no? I knew they were planning immigration restrictions, but this is the first I've heard of them leaving Schengen.
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Old May 3rd 2015, 2:12 am
  #27  
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Default Re: Don't die In New Jersey as a green card holder !

https://en.wikipedia.org/wiki/Swiss_..._February_2014

There appear to be various bilateral agreements with the EU that have something do with it as well with they obviously are abrogating if they follow through with that referendum result. I assume they're similar to the provisions of the Lisbon Treaty although I can't say I've read them.

It's kind of hard what it will or will not lead to because it hasn't been implemented yet, but anyway the way it was portrayed in the press was "Switzerland leaving Schengen", which at a bare minimum means some sort of immigration quota. So that would seem to imply you'd be better off being a Swiss citizen if you want to live there.
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Old May 3rd 2015, 2:14 am
  #28  
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Default Re: Don't die In New Jersey as a green card holder !

Originally Posted by Steve_
https://en.wikipedia.org/wiki/Swiss_..._February_2014

There appear to be various bilateral agreements with the EU that have something do with it as well with they obviously are abrogating if they follow through with that referendum result. I assume they're similar to the provisions of the Lisbon Treaty although I can't say I've read them.

It's kind of hard what it will or will not lead to because it hasn't been implemented yet, but anyway the way it was portrayed in the press was "Switzerland leaving Schengen", which at a bare minimum means some sort of immigration quota. So that would seem to imply you'd be better off being a Swiss citizen if you want to live there.
The press twists things, I doubt Switzerland will leave Schengen. They benefit too much. I imagine there will be stricter controls on who is allowed to stay - live and work - in Switzerland... which may or may not violate treaties they have signed, but the Swiss I expect to be good at finding the loopholes
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Old May 3rd 2015, 4:14 am
  #29  
 
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Default Re: Don't die In New Jersey as a green card holder !

Originally Posted by Steve_
..... So that would seem to imply you'd be better off being a Swiss citizen if you want to live there.
I'm gonna guess that being Turkish is particularly bad.
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Old May 3rd 2015, 5:47 pm
  #30  
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Default Re: Don't die In New Jersey as a green card holder !

Originally Posted by sir_eccles
Depends what you call "play nicely".

For example most states will give you a drivers license but the validity is tied to whatever evidence you can provide regarding your status. So if you only give them a conditional greencard, your license will expire in 2 years.
For reasons unknown (well, probably the reason is incompetence, but who am I to say) the RMV here gave me a 5 year DL on the basis of my L1 visa. The visa was valid for 5 years, but my I-94 was for 3 years.
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