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I am ENGLISH living and working in the USA, Ihave been toldthere…

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I am ENGLISH living and...
I am ENGLISH living and working in the USA, Ihave been toldthere is an agreement between
these two countries that I can choose in which country I wish to pay taxes.
I did speak to an IRS agent in March who informed me that this was possible and sent me the claim forms for six years.
I took these forms to Jackson and Hewit to process for me, today they informed me Icould not claim any taxes I have paid in the past.
Could you get an answer for me on wether I can claim or not.
Thanking you for your assistance in this matter

Michael T Gue
Submitted: 8 years ago.Category: Tax
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Answered in 9 minutes by:
6/16/2010
Tax Professional: Lev, Tax Advisor replied 8 years ago
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 33,294
Experience: Taxes, Immigration, Labor Relations
Verified

You may not choose to which country to pay taxes - that information is incorrect.

The first step would be to determine your residency status for tax purposes (not immigration purposes).

 

Please see for reference IRS publication 519 - www.irs.gov/pub/irs-pdf/p519.pdf

for rules to determine if you are Nonresident Alien or Resident Alien for tax purposes

graphic

 

A person will be considered a US resident for tax purposes if he/she meets the substantial presence test for calendar year 2009. To meet this test, the person must be physically present in the United States on at least:

  1. 31 days during 2009, and

  2. 183 days during the 3-year period that includes 2009, 2008, and 2007, counting:

    • All the days you were present in 2009, and

    • 1/2 of the days you were present in 2008, and

    • 1/3 of the days you were present in 2007.

If you do not meet the substantial presence test for calendar year 2009 - you are a non-resident for tax purposes.

 

If you are a non-resident for tax purposes - you may be taxed only on income from US sources.

If indeed you are an US resident for tax purposes - you would be taxed on all your worldwide income.

There are different forms to be used depending on your residency status.

 

Let me know if you need any help to determine your status.

 

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