Lots of help required
#16
Re: Lots of help required
I live in my own place in uk. I own rental properties with usa boyfriend in tallahassee. I have an esta and like to visit usa November to December April to June august to October each year. Is this seen as too often will I get refused entry. Is my rental properties in usa seen as working I will be filing taxes at end of year. I have money in usa and uk bank also so do not have any other work snd will not work in usa only have rental income. Should I also have different visa.
In contrast, a refusal of admission on a visa counts as a formal removal. (The difference is a quirk of legal changes over time). As an aside, if a visa holder is given the option of withdrawing their application for admission, it is usually advisable to that. The withdrawal will result in cancellation of the visa, but leaves the door open to a new visa application.
This may seem counter intuitive, but the pattern described of a history of timely departures can be a positive factor.
On the tax issue, it should be noted that one can become a US resident for tax purposes based upon physical presence thereby incurring tax liability on worldwide income.
#17
Account Closed
Joined: Mar 2004
Posts: 2
Re: Lots of help required
The door may be open, but maybe cracked open rather than wide open.
#18
Sad old Crinkly Member
Joined: Oct 2003
Location: Tallahassee, Florida
Posts: 807
Re: Lots of help required
Their main residence is Cairo Egypt, there they have a home, rental properties and a farm.
The Tallahassee property is purely a vacation home.
Saw the post above, ref 'On the tax issue, it should be noted that one can become a US resident for tax purposes based upon physical presence thereby incurring tax liability on worldwide income.'
Will mention it to them next time they are over.
Being taxed in Egypt I can't see them being taxed again here.
Taxation without representation at its best.
But, were diverting from the OPs post, not being back I assume she left.
#19
Re: Lots of help required
Before you tell them about this "physical" presence, read what it entails. From what you say, it doesn't appear that they are living within the US for 183 days out of a calendar year. There is a physical presence test one can take on the IRS site. If you are here for 183 or more days, you have the obtain during that calendar year to either be considered as a resident for tax purposes if you pass the physical presence test or as a non-resident. It is not as black and white as portrayed here.
#20
Lost in BE Cyberspace
Joined: Jul 2016
Posts: 10,006
Re: Lots of help required
B visa?
Granted she is in partnership with someone she considers a boyfriend and it is hoped that he doesn't pull a fast one with her property investment being that she is foreign and without a visa to live in the US so it is assumed (as you did) that marriage is in the cards for them.
But no, I would not assume that a K-1 visa was in her future.
Granted she is in partnership with someone she considers a boyfriend and it is hoped that he doesn't pull a fast one with her property investment being that she is foreign and without a visa to live in the US so it is assumed (as you did) that marriage is in the cards for them.
But no, I would not assume that a K-1 visa was in her future.
The structure of the ownership can determine type of visa I would assume, but I am not sure.
The other issue is taxes. (a) what portion of travel and other expenses to the US can or should be deducted against the income (b) there are very specialized rules on a foreigner owning an interest in income generating real property. Might get some surprises on sale of any such property.
#21
Re: Lots of help required
Before you tell them about this "physical" presence, read what it entails. From what you say, it doesn't appear that they are living within the US for 183 days out of a calendar year. There is a physical presence test one can take on the IRS site. If you are here for 183 or more days, you have the obtain during that calendar year to either be considered as a resident for tax purposes if you pass the physical presence test or as a non-resident. It is not as black and white as portrayed here.
https://www.irs.gov/individuals/inte...-presence-test
#22
Re: Lots of help required
It is not about being "here for 183 or more days". It is about applying a calculation, taking into account your presence over the last 3 years. If the result of that calculation is over 183 then there may be an issue. It is all about that calculation, and you can be deemed tax resident by spending far less than 183 days in the country. About 122 days will do it for yearly presence.
https://www.irs.gov/individuals/inte...-presence-test
https://www.irs.gov/individuals/inte...-presence-test