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-   -   Selling an app on an L1 visa (https://britishexpats.com/forum/usa-57/selling-app-l1-visa-899228/)

dbr84 Jul 7th 2017 5:53 pm

Selling an app on an L1 visa
 
So we all know the L1 visa is tied to your job and you can't change "employment". No issue with that.


In my spare time I have been working on a phone app. Say for example I sold it on the app store and it made any kind of money. I would file the extra income in my tax return of course.


My question is, would this 2nd income count as another "job", and would it cause me to get in trouble with (or invalidate) my visa?


Many thanks for any advice!
Rich

dbr84 Jul 7th 2017 6:07 pm

Re: Selling an app on an L1 visa
 
Found this. Looks fairly damning.

https://news.ycombinator.com/item?id=11974243


Sucks :(

dbr84 Jul 7th 2017 7:01 pm

Re: Selling an app on an L1 visa
 
Yeah maybe, I was going off the fact that the US would tax world wide income and may class the other income stream as a job. Maybe I should just roll the dice.

ian-mstm Jul 7th 2017 8:30 pm

Re: Selling an app on an L1 visa
 

Originally Posted by dbr84 (Post 12289230)
My question is, would this 2nd income count as another "job", and would it cause me to get in trouble with (or invalidate) my visa?

You are not allowed to work for anyone else... even yourself. Now... if your real question is more along the lines of "Can I get away with it?" well... yes, you probably could - but that's not quite the same thing.

Ian

dbr84 Jul 7th 2017 8:43 pm

Re: Selling an app on an L1 visa
 
I guess I just find it hard to make the distinction as I make an app as a hobby, if it happened to make any money that would count as passive income in my mind. Just like if I rent a house in the UK and take income from that. The US taxes it but it doesn't count as me having a second job being a professional landlord ;-)

Giantaxe Jul 7th 2017 9:58 pm

Re: Selling an app on an L1 visa
 

Originally Posted by dbr84 (Post 12289322)
I guess I just find it hard to make the distinction as I make an app as a hobby, if it happened to make any money that would count as passive income in my mind. Just like if I rent a house in the UK and take income from that. The US taxes it but it doesn't count as me having a second job being a professional landlord ;-)

The IRS is pretty specific on what it defines as passive income, namely "rental activity or trade or business activities in which you do not materially participate". The fact that you are developing the app as a "hobby" is moot as to whether the income you derive from it is passive or not.

dbr84 Jul 7th 2017 10:08 pm

Re: Selling an app on an L1 visa
 
Well shoot. Fair enough.

petitefrancaise Jul 9th 2017 1:01 pm

Re: Selling an app on an L1 visa
 

Originally Posted by dbr84 (Post 12289381)
Well shoot. Fair enough.

well at this point maybe a spouse with an EAD would come in handy?


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