If you live or work in the United States, you may be wondering whether or not you should file taxes with the Internal Revenue Service (IRS). The answer depends on your tax residency status, which does not always coincide with your immigration status.
In this article we explain how to determine your tax residency status, what requirements you must meet to file taxes, and what benefits you can obtain by doing so.
We are waiting for you at Conexión Legal to help and guide you in your legal situation; being with a specialized attorney contributes positively to the final decision of your case, do not leave it in the hands of just anyone! Call us today at 1866 701 1220, or write to our WhatsApp to receive free legal advice.
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What is tax residency status?
Tax residency status is what determines whether you must pay taxes on your worldwide income or only on income earned in the United States. According to the IRS, there are two types of foreigners for tax purposes: residents and non-residents. Resident aliens are those who have a green card or who meet the substantial presence test, meaning they have been present in the United States for at least 31 days during the current year and a total of 183 days during the last three years.
Non-resident aliens are those who do not meet any of these requirements. However, they may choose to be treated as residents if they are married to a U.S. citizen or resident and make a joint election.
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What requirements must you meet to file taxes?
If you are a resident alien, you must file taxes on your worldwide income, regardless of the country where you earned it. To do this, you must file IRS Form 1040 before April 15 of the year following the tax year.If you are a non-resident alien, you only must file taxes on your income from U.S. sources. To do this, you must file IRS Form 1040-NR before June 15 of the year following the tax year.
In both cases, you must obtain an Individual Taxpayer Identification Number (ITIN) if you do not have a Social Security Number (SSN). The ITIN is a number assigned by the IRS to individuals who are not eligible to obtain an SSN but who must file a tax return.
What benefits can you obtain by filing taxes?
Filing taxes can bring you several benefits, both economically and in terms of immigration. Some of them are:
- You can request a refund for your balance if you have paid more taxes than you owe.
- You can access certain tax credits that reduce your tax burden, such as the Earned Income Tax Credit (EITC) or the Child Tax Credit (CTC).
- You can demonstrate your good moral character and your contribution to American society, which can favor your process of naturalization as a U.S. citizen.
- You can document your work history and your presence in the United States, which can help you obtain legal immigration status if legislators approve immigration reform.
As you can see, filing taxes is an obligation and an opportunity for foreigners who live or work in the United States. If you have questions about how to do it, you can consult with a professional or with an organization that offers free or low-cost assistance.
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Why hire an attorney to guide you in paying your taxes as an immigrant?
Filing taxes as an immigrant can be a complex and confusing process, especially if you are not familiar with the U.S. tax system. In addition, you may face particular situations that require specialized attention, such as:
- Having income from foreign sources or from multiple countries.
- Having dependents who live outside the United States.
- Having an irregular or pending immigration status.
- Having to file amended or late returns.
- Having to resolve problems with the IRS or with the State Department.
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In these cases, hiring an attorney to guide you in paying your taxes as an immigrant can be a wise decision. An attorney expert in taxes and immigration can help you:
- Determine your tax residency status and the correct way to file your return.
- Obtain your ITIN or renew it if it is expired.
- Request the tax credits you are entitled to and maximize your refund.
- Avoid mistakes, penalties, and audits that may affect your financial and immigration situation.
- Protect your personal and confidential information before the IRS and other government agencies.
- Advise you on the tax and immigration implications of your financial and personal decisions.
Hiring an attorney to guide you in paying your taxes as an immigrant can be an investment that saves you time, money, and problems. In addition, it can be an important step in demonstrating your commitment to the law and your American dream.
We are waiting for you at Conexión Legal to help and guide you in your legal situation; being with a specialized attorney contributes positively to the final decision of your case, do not leave it in the hands of just anyone! Call us today at 1866 701 1220, or write to our WhatsApp to receive free legal advice.Follow the steps in the form below to schedule your free consultation appointment.
