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US TAX - Do I PAY TAX ON FUNDS I AM BRINGING INTO THE US FROM ABROAD ?

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Filed: Country: United Kingdom
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back to my original question about selling a property abroad and wanting to bring the cash in.

I read somewhere there is a grace period for immigrants assymulating and bringing cash into the usa. I dont fully understand this law but maybe you can help me with it.

I actually wanted to sell this my home overseas around the time I was dating my now American wife in the united states and bring the cash in then and use it to set up a life in the USA with her, (and I would have had no taxes to pay the USA).

At the time we were filling out the immigrations application forms with our lawyer. My immigration lawyer advised against selling the property and bringing the money in because he felt there was always a chance uncle sam may not approve my permanent resident status and he felt that if the residency was not approved I would have no home to go back to overseas. Even when I was sent a green card it was with conditions pending review indefinately and we had to wait almost 18 months for the conditions to be lifted.

A month ago the restrictions were lifted off the card and my lawyer advised me it was now safe to go ahead and sell the home located overseas and bring the money in.

So the question is- is there a grace period for people like me trying to do the right thing. Can I bring money in without paying tax on it under these circumstances?

This is a gray area of the law so I would greatly appreciate everyones input here because I really want to do the right thing by my family.

thank you : )

married to american with baby daughter!!

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You lawyer sounds completely silly to me. There is no grace period. Anyone can bring cash to the US with no tax.

Earnings are a different matter. If you make money off of selling the house, then I think you need to declare it as income on your taxes if you don't reinvest immediately. I am not talking about the whole amount of sale, but rather only the part that you made a return on. Say you bought the house for 100 Euros and now you sell it for 130 Euros. 30 is your gain.

But, you should talk to a competent tax professional, not your lawyer.

http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Sale-of-Residence---Real-Estate-Tax-Tips

It sounds like you would have been better off sellling it before, claiming it as your main home. Not sure you qualify for the main home exemption listed in that link now.

But talk to a real competent tax person.

http://www.irs.gov/uac/Ten-Important-Facts-About-Capital-Gains-and-Losses

Edited by Harpa Timsah

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8/17/10: INTERVIEW DAY (day 123) APPROVED!!

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  • 11 months later...
Filed: IR-1/CR-1 Visa Country: Canada
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This could be totally off the topic, but, it would apply to Canadians when filing their income tax. I just received this link today from Canada Revenue.

http://www.cra-arc.gc.ca/tx/nnrsdnts/ndvdls/nnrs-eng.html?emaillink#txblgtns

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  • 6 months later...
Filed: Citizen (apr) Country: Ecuador
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Old thread is now closed to further comments.

Recent post has been split from this thread and made into its own topic, in the Tax & Finances forum, with this thread title: "Tax on Foreign-House Sale to Buy U.S. House? [split topic]."

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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