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Marvin,EA
Marvin,EA, Enrolled Agent
Category: Tax
Satisfied Customers: 1663
Experience:  Enrolled to Represent Taxpayers Before The IRS
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Where would a person who is employed by Hawaiian ...

Customer Question

Where would a person who is employed by Hawaiian Aviation and contracted to Japan ANA be liable to pay tax? The person has a ex family in Australia since August 2001 and now a new one in Japan since November 2007.He is paid in US Dollars and travels via USA on some international routes. He is claiming defacto settlement and I am unsure where or if he has paid tax.
Submitted: 5 years ago.
Category: Tax
Expert:  Marvin,EA replied 5 years ago.
Hello and thank you for using Just Answer. What country is the person a citizen?
Customer: replied 5 years ago.
Australian
Expert:  Marvin,EA replied 5 years ago.
Does the individual have a green card? If no green card, what type of visa has been issued? What is the date of arrival (and days of presence) in the United States?
Customer: replied 5 years ago.
Reply to Marvin,EA's Post: The person is a pilot,so I am unsure as to what visa's are issued through the USA. Although the person works for Hawaiian Aviation,no longer travels via Hawaii but mainly Anchorage,Chicago.
Expert:  Marvin,EA replied 5 years ago.

An individual who meets either the green card or substantial presence test is considered a resident alien and is generally taxed on worldwide income following the same rules as a U.S. citizen. If the individual does not have a green card the individual is considered a nonresident alien and will be tax only on U.S. -source income. The individual will file with the IRS Form 1040NR (www.irs.gov/pub/irs-pdf/f1040nr.pdf) .

Customer: replied 5 years ago.
Reply to Marvin,EA's Post: I am really unsure what this information means to me as an Austalian defacto. I now know this person has not filed any tax returns in Australia or USA, but now appears to be doing so in Japan with his new family since November 07
Expert:  Marvin,EA replied 5 years ago.
If he is filing and paying Japan income tax on wages earned working for a company base in Japan is a residence of Japan and does not have a residence in the USA he should not be liable for US income tax.

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