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Orisi,
I called up an immigration lawyer and asked about this concern. She said that she is not aware of any such rule in this regard and a tax specialist will be better equipped to answer in this concern.
Also, i saw the same news article dated Jan14th, 2020, as then some law firms have also copied from here. But dates on all articles on those law firms are after Jan14th, 2020, which suggests that they took it from this article. Can you tell me how did you contact the news channel for this?
umarbutt,
I sent an email to one of the offices of one of the website which posted it and they replied that the person who originally posted it, does not work with them anymore.
I also spoke to an immigration attorney (paid $160.00 too for only one question), she told me that she keeps herself updated everyday with USCIS news but she is not aware of any such news in this regard. She also said too contact a tax consultant in this regard.
My tax specialist already told me that i just need to fill 1040. And in addition she will add 'green card' in the 'background' info which IRS can see but is not visible on the 1040 form. So it seems like this is more of a USCIS related thing, than tax related.
I have already paid 2019 taxes through Turbotax and couldn't a place where I can add my green card status.
I also spoke with an attorney, and also called one of the law firms (hykel law firm) to be exact. Called godoy law firm (they also posted article and they wanted 400$ for this). They checked with their attorneys and said that they are not aware ,and IRS is in better position to speak to it. But assuming we are in same boat ( green card), IRS is wants to collect tax from us like a US citizen, which is fine. This rule (if there is) is from USCIS, coz they would want us to file tax in correct status. And it seems that as per immigration attorneys, as long as we do it, we have declared ourselves in correct status.
There is no place on the 1040 form to declare green card. My tax preparer told me that she is declaring this in background which IRS can see, but i wont be able to see on 1040. So it doesnt look like a big deal.
I have seen IRS website as well, and according to them we MUST file taxes as citizens do, and report all of our income. I didnt see any requirement of declaring yourself as immigrant or green card holder.
I am assuming now that NBC2 was not careful with words, and instead of properly saying that its the issue of immigrant VS non-immigrant, instead of immigrant VS citizen. Because I found many references to USCIS's public charge rule. but nothing about this issue.
Let's try this one more time ----
(1) US citizen/Resident(Green Card ) / Resident for tax purposes all file using form 1040 and taxed on your WORLD income i.e. income from all sources domestic and foreign.
(2) Unless the Resident for Tax purposes ( i.e. NOT an immigrant per USICS ) wishes to take advantage of Treaty benefits , there is NO purpose/requirement for IRS to ask for your citizenship or immigration status. The only reason IRS asks for such information on forms 8831,8841,8843 etc. is to ascertain that the taxpayer's claim of treaty benefit is legitimate. USCIS does not administer tax treaty conditions/ benefits
(3) If you are a Non-Resident Alien ( non-work visas like F, J, etc. ) and have not passed the Substantial Presence , Test you are taxed ONLY on your US sourced / connected income and you report this on form 1040-NR or 1040-NR-EZ. Both of these forms require you to provide your immigration information such country of citizenship, type of visa, passport details etc. etc. Not that you CANNOT use TurboTax to file such returns.
In summary , while I will refrain from commenting on this referred article, the requirement to report your immigration information is NOT true --- from your contacts with the Immigration Dept, they are saying NO and yet this rumor persists. Please people, stop amplifying this false rumor. TurboTax and all other tax service providers all will tell you the same thing.
I stand down.
On the 1040 form ,it mentions foreign address but to the best of my understanding from looking at the form it means that: if you have a foreign address.
So only if you have a foreign address we need to fill that line. I can not find a single line on the instructions or on the form which distinguishes between a citizen/green card or even a H1B to differentiate between who is filing the taxes.
@ champ, pk
Thanks for your explanation. We understand and agree with what you said. Its just that we wanted to be sure that we won't make any mistake unknowingly, which can later become a problem at the time of naturalization, so we wanted to be certain beyond reasonable doubt.
@amitrawat09 that is correct --- absent any need for exercising Treaty benefits, for most tax purposes there is no difference between taxation of US citizens/Resident Aliens ( Green Card ) and Resident for Tax purposes. Thus form 1040 only allows for a foreign address ( again used by Citizens/Residents alike ) but there has never been and currently there is no place for citizenship or other immigration status information. IRS collects only information that it needs and is allowed by the statutes or rules ( under its rule making authority ).
@ Pk
Thank you for a detailed explanation.
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