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Lane
Lane, JD, CFP, MBA, CRPS
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.

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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 ..."

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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

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

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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.

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(Resident state here means country)

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Please let me know if you have ANY questions at all, before rating me.

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Thank you!

Lane

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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.