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Six Months in Each Country?

Six Months in Each Country?

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Old Feb 20th 2014, 7:19 pm
  #46  
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Default Re: Six Months in Each Country?

Originally Posted by Steve_
Not for the purposes of a DL under British law though. And there are certain other things like that.
Where does it say that? I will have a permanent residence in both countries and paying/filing taxes in both countries. How would I be breaking the law in the UK?

Maybe I would have to give up my Texas DL, but then how would I be able to insure my car in the US?

Interesting challenges if I want to own a car in both countries
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Old Feb 20th 2014, 7:36 pm
  #47  
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Default Re: Six Months in Each Country?

Originally Posted by durham_lad
Where does it say that? I will have a permanent residence in both countries and paying/filing taxes in both countries. H
How does one be a PR in 2 countries? Is there a reason you prefer to file tax in both countries?
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Old Feb 20th 2014, 7:42 pm
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Default Re: Six Months in Each Country?

Originally Posted by jmood
How does one be a PR in 2 countries?
Spend 6 months in each, with a permanent place of residence in each country.

We actually plan to spend 7 months in the UK, and 5 in the US. We meet the rules for residency in both countries, and for tax purposes the country where one is "domiciled" becomes the principal taxing authority.
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Old Feb 20th 2014, 7:49 pm
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Default Re: Six Months in Each Country?

Originally Posted by Steve_
He said he was a dual citizen at the start.
Either way, nothing that is pertinant to the question.
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Old Feb 20th 2014, 7:49 pm
  #50  
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Default Re: Six Months in Each Country?

Ah, OK, sorry. As per the initial post.

If you are in UK/US 7/5, then would you still have to file taxes in the US if you were NOT a USC?
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Old Feb 20th 2014, 7:51 pm
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Default Re: Six Months in Each Country?

Originally Posted by jmood
How does one be a PR in 2 countries? Is there a reason you prefer to file tax in both countries?
As a US Citizen you have no choice.

I think I have seen resident mentioned in 4 different situations, whatever the exact definition, the one thing for certain is none will be the same.
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Old Feb 20th 2014, 7:53 pm
  #52  
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Default Re: Six Months in Each Country?

Originally Posted by Boiler
As a US Citizen you have no choice.

I think I have seen resident mentioned in 4 different situations, whatever the exact definition, the one thing for certain is none will be the same.
Do you mean as a USC you have no choice but to file US taxes?

The second sentence I have no idea what you're saying.

Plus my question of If you are in UK/US 7/5, then would you still have to file taxes in the US if you were NOT a USC?
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Old Feb 20th 2014, 7:57 pm
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Default Re: Six Months in Each Country?

Correct

Definition of residency

Yep
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Old Feb 20th 2014, 8:13 pm
  #54  
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Default Re: Six Months in Each Country?

Originally Posted by jmood
Do you mean as a USC you have no choice but to file US taxes?
Yes. USCs are required to file a US tax return and report worldwide income no matter where in the world they live.

The second sentence I have no idea what you're saying.
He means different government agencies use the word "resident" or "residence" differently.

Plus my question of If you are in UK/US 7/5, then would you still have to file taxes in the US if you were NOT a USC?
Yes. US PRs are required to file a US tax return and report worldwide income no matter where in the world they live. However, a US PR staying that long outside the USA each year runs the risk of abandoning US PR status at some point.

Filing a US tax return is not the same as owing any tax money to the USA.

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Old Feb 22nd 2014, 10:46 pm
  #55  
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Default Re: Six Months in Each Country?

Originally Posted by durham_lad
Where does it say that? I will have a permanent residence in both countries and paying/filing taxes in both countries. How would I be breaking the law in the UK?

Maybe I would have to give up my Texas DL, but then how would I be able to insure my car in the US?

Interesting challenges if I want to own a car in both countries
Having a residence in two countries doesn't mean you're a resident for the purposes of driving laws. Someone's already quoted the relevant EU directive above, I'm sure if you poke around on www.legislation.gov.uk you can find the regulations that implement it.

It's not an issue as far as having a car in two countries, you don't need a licence from that country to own and operate a car, but you do need a licence. I.e. the one from where you are actually resident. Perhaps you'll get charged a higher insurance rate using a Texas licence in the UK, you'd have to ask the insurer.

You do not want to have residential ties to two countries at the same time, because under the tax treaty you can only have one tax home. I quoted the relevant bit where they determine that. If they can't determine it, they send you out a very lengthy questionnaire followed by a tax bill from the relevant country, which is to be avoided if at all possible.

Another residential tie which is probably more relevant is whether you use the NHS, that is a specific question both the IRS and HMRC would ask in determining your tax home.
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Old Feb 23rd 2014, 1:36 am
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Default Re: Six Months in Each Country?

Originally Posted by Steve_
Having a residence in two countries doesn't mean you're a resident for the purposes of driving laws. Someone's already quoted the relevant EU directive above, I'm sure if you poke around on www.legislation.gov.uk you can find the regulations that implement it.

It's not an issue as far as having a car in two countries, you don't need a licence from that country to own and operate a car, but you do need a licence. I.e. the one from where you are actually resident. Perhaps you'll get charged a higher insurance rate using a Texas licence in the UK, you'd have to ask the insurer.

You do not want to have residential ties to two countries at the same time, because under the tax treaty you can only have one tax home. I quoted the relevant bit where they determine that. If they can't determine it, they send you out a very lengthy questionnaire followed by a tax bill from the relevant country, which is to be avoided if at all possible.

Another residential tie which is probably more relevant is whether you use the NHS, that is a specific question both the IRS and HMRC would ask in determining your tax home.
I most certainly want my tax home to be in the UK which is why I asked above if I could insure a car in the USA without my US DL. I guess it was really a rhetorical question once you had pointed me to the UK regulations stating that I can't have a DL in 2 countries. It is something for me to find out.
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Old Feb 23rd 2014, 4:37 pm
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Default Re: Six Months in Each Country?

Originally Posted by durham_lad
..... I guess it was really a rhetorical question once you had pointed me to the UK regulations stating that I can't have a DL in 2 countries. ....
Of course you can. I have US (state) and UK licenses. I wouldn't use my UK license in the US now I am a US citizen, nor my UK one unless I bought, taxed and insured a car in the UK, but I certainly have two and both are potentially valid.
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Old Feb 23rd 2014, 4:43 pm
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Default Re: Six Months in Each Country?

Originally Posted by Pulaski
Of course you can. I have US (state) and UK licenses. I wouldn't use my UK license in the US now I am a US citizen, nor my UK one unless I bought, taxed and insured a car in the UK, but I certainly have two and both are potentially valid.
The state your in didn't take the other license away from you? California took my British Columbia license when I lived there in 2010, and BC took my California license away from me when I moved back...

But then both places have access to one another's files, so they know another license exists when you apply.
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Old Feb 23rd 2014, 5:12 pm
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Default Re: Six Months in Each Country?

Originally Posted by Jsmth321
The state your in didn't take the other license away from you? .....
No. Like almost all US states, NY wouldn't let me swap a UK licence for a NY one, and I had to do drivers' ed and a road test from scratch. Therefore I have two licences, like almost all other UKCs who have a US drivers license. NJ is the only exception I know of.
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Old Feb 23rd 2014, 5:33 pm
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Default Re: Six Months in Each Country?

Originally Posted by Pulaski
No. Like almost all US states, NY wouldn't let me swap a UK licence for a NY one, and I had to do drivers' ed and a road test from scratch. Therefore I have two licences, like almost all other UKCs who have a US drivers license. NJ is the only exception I know of.
Gotcha. Here they yank your license away regardless if your from a reciprocal country or not. Not legal in BC to have license from 2 different places, figured states would do the same, but guess they don't care.
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