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Mark Taylor
Mark Taylor, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 1008
Experience:  Certified Public Accountant
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I just got my card last September, and entered US for first

Customer Question

i just got my green card last September , and entered US for first time first week of September and stayed 11 days and traveled back to my country
how i should fill may 2015 tax file , i have GC only for 4 months .shall i fill the same for the whole year or only the last 4 months and how i can calculate the foreign income and house exclusion
and in case i give up my green card coming April , how my tax file will be look like . i'm considering the 2555 form to deduct the foreign income and house
and do we have a way to keep my GC without paying tax like filling nonresident
Submitted: 13 days ago.
Category: Tax
Expert:  Mark Taylor replied 13 days ago.

Hi, my name is Mark. I will be happy to help you with your questions. Please give me a moment to prepare your response.

Customer: replied 13 days ago.
Thank Dear , please let me know also if i can deduct any other expenses other than house and foreign income , and what if i didnt fill these four months tax (from September till December ) , can 2016 be my first tax year
Customer: replied 13 days ago.
Married with two kids , and can you please share how to calcute my tax if my housing rent is 45000 USD and total income is 176000 USD and any other deduction i might use
Customer: replied 13 days ago.
Dubai UAE
Expert:  Mark Taylor replied 13 days ago.

I apologize I had to step away from the computer. I am working on your request. Please give me a few moments.

Expert:  Mark Taylor replied 13 days ago.

You are earning the income in Dubai?

Customer: replied 13 days ago.
Expert:  Mark Taylor replied 13 days ago.

You are considered a resident if you meet the test for a lawful permanent resident. This is known as the green card test.

If you meet the green card test at anytime during the calendar year, but do not meet the substantial presence test for that year, your residency starting date is the first day on which you are present in the United States as a Lawful Permanent Resident.

Expert:  Mark Taylor replied 13 days ago.

You started your US residency in September and then started working in Dubai?

Customer: replied 13 days ago.
im already working in duabi starting from Jan 2016 , but traveled to us in September to receive the green card for 11 days(lottery visa) and came back t dubai
Expert:  Mark Taylor replied 13 days ago.

Since you do not meet the substantial presence test you residency would start in September. So the income you earned from September to December would be taxable in the US.

Expert:  Mark Taylor replied 13 days ago.

The foreign earned income exclusion is $101,300. To qualify for this you would need to meet the substantial presence test. This means that you would need to reside in Dubai for 330 days during a 12 month period.

Customer: replied 12 days ago.
how I fill the tax from September till December , shall I calculate the income only for these four months and deduct the allowances (income exclution and housing ) after divided on 12 month and into 4 monthsPlease show me the calculation example in details , also Will it be the same case in case I give up my green card in April
Expert:  Mark Taylor replied 12 days ago.

Yes, you would report the income that you receive from the time you received the Green Card to the end of the year. If you qualify for the foreign earned income exclusion you would be exclude this income. If you give up your Green Card in April you would recognize the income from January to the time you give up your Green Card. You would be able to exclude the income if you qualify for the foreign earned income exclusion. One way to qualify is to meet the physical presence test. To do this you would need to have lived in the foreign country for 330 days in a 12 month period.

Customer: replied 12 days ago.
how income exclusion and house allowance Will be calculated in case of this scenario (assuming I Will be out of us for more than 300)
Expert:  Mark Taylor replied 12 days ago.

To claim the foreign earned income exclusion, the foreign housing exclusion, or the foreign housing deduction, you must have foreign earned income, your tax home must be in a foreign country, you must meet either the Bona Fide Residence or Physical Presence Test, and you must make a valid election.

This would be claimed on form 2555.

Expert:  Mark Taylor replied 12 days ago.

I hope you found this information to be beneficial. If this answered your question please take a few moments to rate my response. A rating is needed in order for me to receive credit for helping you today. The rating bar is located at the top of the page – ranging from 1 to 5 stars. If you need me to clarify aspect of my response or if there are additional areas of the question that you would like me to consider please let me know. I would be happy to continue the discussion. It has been my pleasure helping you today.

Expert:  Mark Taylor replied 12 days ago.

I hope you found this information to be beneficial. If this answered your question please take a few moments to rate my response. A rating is needed in order for me to receive credit for helping you today. The rating bar is located at the top of the page – ranging from 1 to 5 stars. If you need me to clarify aspect of my response or if there are additional areas of the question that you would like me to consider please let me know. I would be happy to continue the discussion. It has been my pleasure helping you today.

Customer: replied 12 days ago.
Thank you Dear , but I still looking for my tax calculation (estimated) in case I gave up my green in coming April for 2015 and 2016 tax. And in case I gave it up coming month (Dec 201) with assumption that I Will meet the 330 days outside us in both cases by coming AugustThanks
Expert:  Mark Taylor replied 12 days ago.

In your prior post you mentioned that your total income was $176,000. I am assuming that this is one an annual basis. This would make your monthly income roughly $15,000. So if you have a green card since September your US income would be approximately $60,000. If you meet the 330 day requirement you would be able to exclude the entire amount of the foreign earned income for 2016. If in 2017 you give up your green card in April, the same type of situation would apply. Again you would have about four months of income or approximately $60,000. If you again qualify for the earned income exclusion you would be able to exclude just over $101,000 of foreign earned income. So again you would not have any tax liability.

Customer: replied 12 days ago.
Thanks you Dear, but for $101,000. Shall I divided by 12 months and get the four months value or I can exclude all of them out of the for months . And what about the personal , house allowance and family deduction (16,000)Please need clear example with number for my case for both scenario (December and April ) . This Will help to decide shall I give up my card in which month or keep itAnd what about the child card deduction . Can I deduct the same and how much
Expert:  Mark Taylor replied 12 days ago.

The amount of the exclusion would be prorated based on the number of days you worked in the foreign country. So the so the $101,000 would need to be multiplied by the percentage of the time you were in the foreign country . So if you obtained your green card September 1st you would have 1/3 of the year for the prorated exclusion. So your exclusion would be a little more than $33,000. So your taxable income would be $60,000 less the $33,000 or $27,000. You would reduce your taxable income by the standard deduction of approximately $12,000 and the personal exemption amounts of approximately $4,000 per individual or $16,000 (assuming that you had two children). This would decrease your taxable income to zero. If you give up your green card in April the calculation would be very similar.

Expert:  Mark Taylor replied 12 days ago.

Please give me a moment I am verifying the qualifications of a green card holder claiming a child as a dependent.

Expert:  Mark Taylor replied 12 days ago.

To qualify for a dependent exemption your children would need to be U.S. Citizens or resident aliens. If you are working abroad you would not meet this qualification. To file married filing jointly you would need to include your wife's income on your return.

Expert:  Mark Taylor replied 12 days ago.

You would be looking at a small amount of taxable income. The income would be taxed at the 10% tax bracket. So at a taxable income of $7,000 your tax would be $700.

Customer: replied 11 days ago.
can you please recheck the tax bracket , as US expat Tax using (stacking rule tax) , that is mean i will be using higher rateplease check the attached screen shoot
Expert:  Mark Taylor replied 11 days ago.

I need to step away from my computer for a few minutes. I will look through the file and let you know.

Customer: replied 9 days ago.
Hi Dear , I'm still your advise on the above inquiries and the attached screen shoot for my calculation
Expert:  Mark Taylor replied 9 days ago.

Yes, you have a little bit of a unique situation. The tax software that I use was not able to handle this situation. I am still researching this for you. I apologize for the delay. I will work on this today.

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