James Maertin, C.P.A.

  U.S. Tax Preparation Worldwide

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Foreign Nationals  


To get started, please fill out a tax questionnaire.   After completing the main tab, be sure to complete the Foreigner tab of the questionnaire as well, if required, so I have the information necessary to optimize your tax situation.  This will also help me determine whether you should file as a resident, nonresident, or dual status tax return, or if you should file an election to be treated as a resident.

 

See our Tax Guide for information on federal and state residency, living expense deductions, education, and many more topics.

 

This is one of our areas of specialization which is not handled by many accountants.  James has been prepared thousands of tax returns for foreigners over the past 20 years.  The rules are quite complex but he will always look for the optimal way for you to file.  One major classification is that of resident versus nonresident alien.  If you qualify as a nonresident, you are taxed only on U.S. source income while as a resident you are taxed on worldwide income in the U.S.  Also, nonresidents are exempt from tax on U.S. bank and portfolio interest and if they are present in the U.S. less than 183 days in a tax year are also exempt from most capital gains tax.

 

If you can file as a federal nonresident, generally you can also file as a state nonresident.  This can sometimes be quite beneficial, as you are normally not taxed in the state on interest, dividends and capital gains, or on earned income sourced outside the state.  Also, in New York, there is no New York City tax if you are a New York State nonresident, even if you reside or work in the city.

If, however, you meet the substantial presence test and are required to file a U.S. resident income tax return, then your reporting requirements are the same as U.S. citizens and green card holders:  You must report worldwide income, and you may also have to report foreign financial  accounts and assets.  Foreign income can be offset by any foreign tax paid on the income, or by claiming deductions related to foreign income or assets (e.g., deducting foreign mortgage interest and/or property tax).