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-   -   Self-employed Resident Alien Taxation (https://britishexpats.com/forum/usa-57/self-employed-resident-alien-taxation-753490/)

Guiri Apr 1st 2012 5:29 pm

Self-employed Resident Alien Taxation
 
Hi,

I am a British citizen, was granted a green card late 2011 and officially arrived in the USA in early December. I was self-employed before I arrived in the US and continue to be since arriving. All my income in 2011 was from outside the USA (as technically I accrued all income in December before arriving). I am also married to a US citizen since late 2010 who has normal employment.

I have read a fair amount of the IRS instructions for the various tax forms. I understand that I am liable for US tax in 2011 as a green card holder during that year, and also, since I spent so much time in the US before officially becoming resident (and therefore pass the substantial presence test) I will have to declare my entire income for 2011, albeit 100% from foreign sources and earned while outside the USA. Is this correct?

Am I classed as 'dual staus' or not? Can I file jointly with my spouse?

I'd appreciate any help or insight into my situation.

Thanks in advance.

nun Apr 1st 2012 7:33 pm

Re: Self-employed Resident Alien Taxation
 

Originally Posted by Guiri (Post 9983584)
Hi,

I am a British citizen, was granted a green card late 2011 and officially arrived in the USA in early December. I was self-employed before I arrived in the US and continue to be since arriving. All my income in 2011 was from outside the USA (as technically I accrued all income in December before arriving). I am also married to a US citizen since late 2010 who has normal employment.

I have read a fair amount of the IRS instructions for the various tax forms. I understand that I am liable for US tax in 2011 as a green card holder during that year, and also, since I spent so much time in the US before officially becoming resident (and therefore pass the substantial presence test) I will have to declare my entire income for 2011, albeit 100% from foreign sources and earned while outside the USA. Is this correct?

Am I classed as 'dual staus' or not? Can I file jointly with my spouse?

I'd appreciate any help or insight into my situation.

Thanks in advance.

Yes you can file jointly

What was your residency/visa status before getting the green card?

Guiri Apr 1st 2012 9:11 pm

Re: Self-employed Resident Alien Taxation
 
Hi, thanks for your reply


Originally Posted by nun (Post 9983743)
Yes you can file jointly

Does this mean I am not classed as 'dual status' if I CHOOSE to file for the ENTIRE year like a US citizen? If so, do I need to mention anywhere that I am a resident alien as of that year? I find this a little confusing.


Originally Posted by nun (Post 9983743)
What was your residency/visa status before getting the green card?

Prior to my green card issue, I came to the US many times on a visa waiver (tourist). Which brings me to another query... Does that fact mean I can only legally claim expenses for work carried out in the UK? (as technically I wasn't working while in the US as a 'tourist').


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