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Foreigners and U.S. Tax Laws

Foreigners: Do You Know When You Owe Taxes to the U.S. Government?

Either you plan to immigrate to the U.S. as investors, conduct business or simply invest in real properties during your visit to the U.S., foreigners can be required to pay income tax under the U.S. tax laws.

Definition of 'resident' under the U.S. tax law differs from immigration law.  You do not have to be a green card holder or live in the U.S. to be required to pay U.S. income tax.  Foreigners or visitors, without green cards or ever living in the U.S., must be aware of how tax laws apply to you if you invest in business or real properties.   

Foreigners Considering Investing in the U.S.- Real Properties or Business

Find out the following before you invest in business, or real properties and collect rental income:

  • When is a foreigner required to pay tax to the U.S. government under tax laws?
  • Which income are you required to report and pay tax?   
  • How is the tax being calculated?
  • How to avoid income from a rental property being taxed at a flat rate?
  • How to report rental income from investment properties so all expenses are deductible?
  • Once you are required to pay U.S. income tax, under what circumstances will you no longer be required to pay U.S. income tax? 

Foreigners Considering Immigrating to the U.S.

For foreigners who consider applying for eb5, investor immigration for the entire family, or just received your eb5 approval from the U.S. immigration office, please make sure you contact us for legal advice regarding the following:

  • If only one spouse applied for the green card, the other spouse remains as a foreigner, how would you file your U.S. income tax return?
  • Which income are you required to report and pay tax?    
  • Are there any important options you must be aware of when you file your income tax return? 
  • If you make an undesirable option, will you ever be able to un-do it?
  • Once you are required to pay U.S. income tax, under what circumstances will you no longer be required to pay U.S. income tax?

Avoid Costly Mistakes

Avoid costly mistakes, timing is important, make an appointment and consult with us.  Our legal counsel can speak, read, write Chinese.  

We cover these areas of law: business, immigration, tax and estate planning.  Laws are complex and are constantly changing.  We can evaluate your situation, explain how U.S. tax laws apply to foreigners, green card holders and U.S. citizens, and explore your options.  You can only make informed decisions if you know the laws and your options.  

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