pk
Level 15
Level 15

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@NewTaxResident  just to recap on what I understand of your situation:

(a) you  ( and your spouse) came to US on a work visa ( which type please ?) on Nov. 7th of 2023.  Thus  you would have been a Non-Resident for tax purposes.  However, since you have met the  SPT for the year 2024, you now wish to exercise  the first year choice for 2023 filing --yes ?

(b)  you own/operate/control one or more bank / financial account(s) or own specified financial assets in Brazil, thus coming under the FATCA and FBAR regime/requirements.

 

Noting that:     (1) both FBAR and FATCA regs require the taxpayer to be a US person ( citizen/GreenCard/Resident for tax purposes) during the period of reporting;   (2) there is no tax consequences on owning/recognizing  FBAR/FATCA assets but reporting being mandatory;

I would follow the general adage " when in doubt" do the needful  i.e. file the reports  when in doubt.

 

But more specific answer, please consider answering my request fore more information.  Please note that  there is NO tax treaty between US and Brazil.

 

I will circle back once I hear from you --yes ?

 

muito obrigado