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Ask Lane Your Own Question
Category: French Law
Satisfied Customers: 12691
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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I am a Japanese male citezen, 74 y old who lives in Paris in

Customer Question

I am a Japanese male citezen, 74 y old who lives in Paris in the past 40 years with freench resident permit, retired and receive pention from France. I pay my income tax in France in the past 40 years.
JA: What state are you in? It matters because laws vary by location.
Customer: I have a son who is a US citizen ang got me green card 10 years ago. I go to US every year and stay there 2 to 5 months. As I do not earn money in US, I have not yet filed US Tax.
JA: Has anything been filed or reported?
Customer: Now I plan to live in US more tahn 6 months a year. So I need to file tax there?
JA: Anything else you want the lawyer to know before I connect you?
Customer: Is it better to do it in US or better in France befre I leave here in August? If I file US income tax it better to do it by immigaration lawyer or CPI?
Submitted: 5 months ago.
Category: French Law
Expert:  Lane replied 5 months ago.

Hi. My name's Lane.


Under the US/France tax treaty, Article 4, paragraph 2(a) "France shall consider a U.S. citizen or an alien admitted to the United States for permanent residence (a "green card" holder) to be a resident of the United States for the purposes of paragraph 1 only if such individual has a substantial presence in the United States ..."


This substantial presence is the six months you mention (183 days). Hence, you're not required to file in the US for this year. I would file and payin France for 2017


You'll have a requirement to file in the US by April of 2019 for the 2018 tax year.


And no the immigration atty would not be the best practice (few of them if any, file tax returns). You shpould seek a competent CPA, Enrilled Agent, tax attorney or other tax professional that has a PTIN which registers them to prepare taxes professionally.

Expert:  Lane replied 5 months ago.

Finally, the reason you DO need to file in France is also outlined in the treaty: "the term "resident of a Contracting State" means any person who, under the laws of that State, is liable to tax therein by reason of his domicile.


(Resident state here means country)


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I hold a law degree, with concentration in Tax Law, Estate law & Corporate law, an MBA in finance,a BBA, and CFP & CRPS (Chartered Retirement Plans Specialist)designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice to clients on three continents since 1986.