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Liam Sullivan

When does my tax residency start as a new green card holder?

I'm a bit confused about my tax situation. I visited the US on a tourist visa (B2) from February to April 2024 for about 10 weeks, then went back to my home country. Recently got my green card approved and I'll be entering the US as a permanent resident on August 30, 2024. I haven't earned any income in the US during my tourist stay or at any point before getting my green card. The immigration lawyer mentioned something about tax residency starting on different dates depending on circumstances, and I'm trying to figure out when exactly I become a US tax resident. Does it start when I first enter with my tourist visa or when I come back as a green card holder? I'm especially concerned because I'll have some income from my home country between January-August 2024, and I'm not sure if I'll need to report that on my first US tax return. Any help is appreciated!

Amara Okafor

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Your tax residency starts on the day you enter the US as a green card holder - so that would be August 30, 2024. This is what's called the "green card test" for tax purposes. Your previous stay as a tourist doesn't impact this since you're becoming a resident through the green card process. When you file your 2024 taxes next year, you'll be what's called a "dual-status alien" - meaning you were a non-resident for part of the year and a resident for part of the year. For the period before August 30, you only need to report US-source income (which you mentioned you don't have). For the period after August 30, you'll report your worldwide income. So any income from your home country after August 30 needs to be reported, but income from your home country before that date doesn't need to be reported on your US return.

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Thanks for explaining! Does that mean I'll need to file two separate tax returns for 2024? One for the non-resident period and one for the resident period? And do I use the standard 1040 form or something special?

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Amara Okafor

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You'll actually file one tax return as a dual-status alien. Generally, you'll use Form 1040 for the resident part of the year and attach a statement showing your income for the nonresident part of the year (which could be Form 1040-NR). You'll have some limitations as a dual-status filer. For example, you can't take the standard deduction (unless you're from certain countries with tax treaties), and you can't file jointly with a spouse. You'll also need to write "Dual-Status Return" across the top of your tax return.

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Had almost the same situation last year! I was so confused trying to figure all this out. I ended up using https://taxr.ai to help me sort through all the green card tax implications. They have this feature where they analyze your specific situation and tell you exactly when your tax residency starts. I was worried because I had income from investments in my home country and wasn't sure what I needed to report. The tool walked me through all the dual-status alien stuff and told me precisely which forms I needed. Saved me from making some big mistakes on my first US tax filing!

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Is this service specifically for immigrants? My wife just got her green card in June 2024 and we're trying to figure out if she needs to file separately for this year. Did they help with the actual filing or just the planning part?

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Dylan Cooper

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I'm skeptical about these tax services. How much did it cost? Did they actually give you advice different from what you could find on the IRS website?

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It's for anyone with tax questions, but they definitely have expertise with immigration tax issues. They helped me understand that my wife and I couldn't file jointly for 2023 because of my dual-status, which saved us from making a mistake. They don't file your taxes for you, but they tell you exactly what you need to do. The value wasn't just different from the IRS website - it was personalized to my situation. They analyzed my specific timeline and income sources and gave me clear guidance on what applied to me specifically, rather than me trying to interpret general rules. And they explained everything in plain English, not tax jargon.

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Dylan Cooper

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Just wanted to update everyone - I checked out https://taxr.ai after my skeptical comment above. Honestly, it was way more helpful than I expected! I uploaded my previous country's tax docs and my green card approval dates, and it clearly showed me that my tax residency started on my entry date (July 15, 2024). What really surprised me was how it flagged specific income types from my home country that I wouldn't have known needed special treatment. There was something about foreign pension contributions that apparently has different rules after becoming a US tax resident. Definitely saved me from some potential reporting errors!

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Sofia Ramirez

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One thing nobody's mentioned - if you need to ask the IRS specific questions about your situation, good luck getting through to them! I spent WEEKS trying to get someone on the phone about my green card tax questions last year. Finally found https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c - they got me connected to an actual IRS agent in under 20 minutes. The agent confirmed exactly when my tax residency began (when I entered with my green card) and explained how to handle the dual-status return. Saved me so much stress since I had income from multiple countries and needed official clarification. Worth checking out if you're still confused after researching.

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Dmitry Volkov

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How does this even work? I thought it was impossible to get through to the IRS. Do they have some special access or something?

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StarSeeker

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Yeah right. No way someone's getting through to the IRS in 20 minutes. I've literally spent 4+ hours on hold multiple times. If this actually works, I'll eat my hat.

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Sofia Ramirez

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They use a technology that continuously redials and navigates the IRS phone system for you. You just enter your phone number, and when they reach an agent, they connect the call to you. It's completely legit - they don't have special access, they just automate the frustrating part of waiting on hold. I was thinking the same thing before I tried it! But the IRS system occasionally has openings, and their system catches those moments when call volume drops. I can't explain the technical details, but it worked for me and several of my friends who also moved to the US recently.

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StarSeeker

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Well I need to officially apologize and eat my hat. I tried Claimyr yesterday after posting my skeptical comment. Got connected to an IRS representative in about 35 minutes (not quite 20, but still WAY better than my previous attempts). The rep confirmed everything about my green card tax residency starting on my entry date and walked me through how to handle the special form requirements for dual-status aliens. She even emailed me some resources specifically for green card holders in their first tax year. Honestly shocked that this worked so well.

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Ava Martinez

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Just to add to this thread - I went through this last year and learned the hard way that you'll also need to file FBAR (Foreign Bank Account Report) if you have more than $10,000 total in foreign accounts at any point during the calendar year AFTER your residency starts. So in your case, you'd only count your foreign accounts from August 30 - December 31, 2024 to see if you hit that $10,000 threshold. A lot of people miss this and it can lead to big penalties.

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Liam Sullivan

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Thanks for bringing this up! I do have savings accounts in my home country that are over $10,000. I had no idea about FBAR. Is this something I file with my tax return or is it separate? And is the $10,000 threshold across all foreign accounts combined or per account?

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Ava Martinez

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It's a separate filing that's not actually with your tax return. The FBAR is filed electronically using FinCEN Form 114. The deadline is April 15, but there's an automatic extension to October 15 if you miss the April deadline. The $10,000 threshold is for all your foreign accounts combined. So if you have $5,000 in one account and $6,000 in another, you'd need to file because the total exceeds $10,000. Make sure to include all types of financial accounts: checking, savings, investment accounts, some retirement accounts, etc.

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Miguel Ortiz

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Has anyone dealt with state tax residency in addition to federal? I'm moving to California with my new green card, and I've heard they have their own rules that might be different from the federal ones.

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Zainab Omar

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Yep, states can be tricky! California is particularly aggressive with claiming tax residency. Generally, your CA residency will start the same day as your federal - when you enter with your green card. But if you're spending time in California before that (like during your tourist stay), they might try to claim you established residency earlier if you have connections there.

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Ben Cooper

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This is such a helpful thread! I'm in a similar situation - got my green card approved and will be entering the US in December 2024. Reading through all these responses, it's clear that the tax residency starts on the actual entry date with the green card, not during any previous visits. One question I haven't seen addressed - if I have investment income from my home country that's automatically reinvested (like dividends going back into mutual funds), do I need to report that for the period after I become a tax resident? Or only if I actually withdraw/receive the money? My investment account will continue generating returns even after I move to the US, but I won't be actively managing it or taking distributions. Also want to thank everyone who shared the resources about getting IRS help and FBAR requirements - definitely going to bookmark those for when I start preparing my first US tax return!

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Carmen Diaz

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Welcome to the community! Yes, you'll need to report that investment income even if it's automatically reinvested. Once you become a US tax resident (on your green card entry date), the IRS requires you to report your worldwide income - and that includes dividends, capital gains, and other investment returns from your home country, regardless of whether you physically receive the money or it gets reinvested. The automatic reinvestment doesn't change the fact that you earned the income. You'll typically receive tax documents from your foreign investment company showing these transactions, and you'll need to convert the amounts to USD using the exchange rate from when the income was earned. This can get complex with foreign mutual funds since the US has special rules for "Passive Foreign Investment Companies" (PFICs) that can result in higher tax rates and additional reporting requirements. Definitely something to research or get professional help with for your first filing!

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Paolo Conti

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As someone who just went through this process last year, I can confirm everything that's been said here is accurate! Your tax residency definitely starts on August 30, 2024 when you enter with your green card, not during your earlier tourist visit. One additional tip I wish someone had told me - keep detailed records of your entry and exit dates from the US, especially that August 30 date. The IRS may ask for proof of when your residency began, and having your passport stamps or I-94 records makes this much easier. Also, since you mentioned income from your home country between January-August 2024, make sure to keep all tax documents from your home country for that period. Even though you won't report that income on your US return, you might need those records to prove you properly paid taxes in your home country and to calculate any foreign tax credits for the post-August 30 period. The dual-status filing can be intimidating, but it's actually pretty straightforward once you understand the timeline. Just remember: non-resident rules for January 1 - August 29, resident rules for August 30 - December 31. Good luck with your move!

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