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Lots of help required

Lots of help required

Old Apr 3rd 2018, 4:20 pm
  #16  
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Default Re: Lots of help required

Originally Posted by Feisty1 View Post
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.
An ESTA refusal of admission does NOT count as a formal removal. So, it leaves the door open to a visa application at a consulate.

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.
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Old Apr 3rd 2018, 4:27 pm
  #17  
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Default Re: Lots of help required

The door may be open, but maybe cracked open rather than wide open.
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Old Apr 3rd 2018, 6:06 pm
  #18  
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Default Re: Lots of help required

Originally Posted by celticgrid View Post
I wasn't thinking of the OP when I posed the question, but your friends. It is the time they spend here, not whether they work or rent here, that raises the concern.
Not sure it has ever come up in conversation.
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.
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Old Apr 3rd 2018, 7:09 pm
  #19  
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Default 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.
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Old Apr 3rd 2018, 8:09 pm
  #20  
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Default Re: Lots of help required

Originally Posted by Rete View Post
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.
A lot can depend on how the property held, and laws of a particular state. In most if not all states someone can file at the county court one has an actual or potential interest in a property- that usually can forestall someone financing or selling a property without agreement. Almost any lawyer can do such a filing inexpensively, and could be explained as related to visa requirements or whatever. ( I have seen this done , I didn't believe it could be, and in the case I saw it stopped any sale or re-financing dead in its tracks).

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.
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Old Apr 3rd 2018, 8:35 pm
  #21  
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Default Re: Lots of help required

Originally Posted by Rete View Post
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.
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
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Old Apr 4th 2018, 1:28 am
  #22  
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Default Re: Lots of help required

Originally Posted by celticgrid View Post
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
Canadian snowbirds don't have a problem and they are in Florida and other warm southern states each and every winter from November through April.
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