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  • Category: Companies & Business

    How to file taxes in USA after abandoning greencard?


    Do you want to know how to file taxes in USA with an expired greencard? Learn the tax implications for people with the greencard that are no longer valid.

    I was living in USA for several years and I was a greencard holder there. I moved to India 2 years ago with a re entry permit valid for 2 years. The reentry permit is expired now and technically, my greencard is expired. I will no longer be allowed to reenter USA with my expired greencard holder.

    However, I still have some property (house) and stocks/shares in USA and I receive rental income from my house. I am required to file and pay income tax there since I have income there.

    My question is, should I file taxes in USA as a "resident"? Since the greencard is expired, what would be the tax status? Should I disclose my Indian income in USA?
  • #5740
    Your greencard status for entering USA is different from your tax filing with IRS. If you try to use your expired greencard to enter into USA, you will not be allowed by USCIS but that doesn't affect your tax status.

    If you were holding a greencard in the past, you will remain a "tax resident" until the responsible authorities inform you that your resident status is revoked.

    Here is the exact piece of information from IRS tax guide:

    "Your tax responsibilities as a green card holder do not change if you are absent from the U.S. for any period of time. Your income tax filing requirement and possible obligation to pay U.S. taxes continue until you either surrender your green card or there has been a final admin- istrative or judicial determination that your green card has been revoked or abandoned. Therefore, even if the U.S. Citizenship and Immigration Service (USCIS) no longer recognizes the validity of your green card because you have been absent from the United States for a certain period of time or the green card is more than ten years old, you must continue to file tax returns until there has been a final determination that is not subject to appeal that your green card has been revoked or abandoned. "

    You can read the complete tax guide here - http://www.irs.gov/pub/irs-pdf/p4588.pdf


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