Saturday, February 25, 2012

Expired Green Card holders beholden to IRS, even if they live outside of the US?

No one is going to believe this, but it appears to be true: Holders of expired Green Cards who live outside of United States and don't even have the right to return to the US are soon going to have their bank accounts cleaned out by the IRS.

A quick look at the IRS website shows that anyone holding a Green Card who simply leaves the US and moves to another country thinking they are done with the IRS is WRONG. The IRS expects such persons to continue paying US taxes, unless they file Form 8854 and go through a complicated procedure, that includes a monstrous exit tax for the rich. Details here: http://www.irs.gov/instructions/i8854/ch01.html

Attorney Patrick W. Martin has written about the fact that under FATCA, the IRS is soon to discover such persons and begin charging them penalties for failure to disclose their foreign bank accounts and pay US taxes. The irony is that many if not most of them have no legal right to return to the US to live, but they are still beholden to the IRS!

In the meantime, until the law is modified or clarified, [tax] practitioners and especially taxpayers residing overseas with invalid green cards, should be aware that [such persons] are U.S. income tax residents (absent a tax treaty override) and should annually file U.S. income tax returns as if they were living in the United States.

See his website for more details: http://www.procopio.com/userfiles/file/assets/files1/docs-1258118-v1-fatca-of-the-hire-act-crashes-head-on-into-the-twilight-zone-lawful-permanent-residents-living-overseas-2--1424.pdf

Our congressmen create these laws, while the rest of us have to wonder how far up their asses their heads are stuck why they are so clueless about competition in the global economy.

1 comment:

  1. cr@p! I have a client with an expired green card and the auditor wants to apply him with SE tax based on this. We have no totalization agreement with Israel, so this is bad.

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