New immigrant- Tax filling inquiry

[K B. 0]

Hi,

I entered USA for the first time as new Immigrant in middle of December and became LPR (Lawfull Permenant Resident) , I stayed in USA for 2 weeks and left USA . Please advice if I have to fill tax return or any other tax forms for the year of 2021 ?
I don't have income inside USA. I have monthly income as an employee outside USA.

 

Thank you.

[Mike E 11,739]

LPRs like citizens file income tax returns based on their world wide income.  
 

Failure to file can make naturalization difficult 

Edited January 30, 2022 by Mike E

[JeanneAdil 6,510]

u need to know the rights and responsibilities of LPR  and that filing tax returns is one of them

 

the IRS site has a list of countries that the US has a tax treaty with (pending if your home country is one of them and u file tax returns there/ look at 2nd website for IRS tax treaty countries

if your home country is on the list follow the IRS guides for filing taxes with form 2555 to exclude the amount for the tax year 

but understand  U DO HAVE TO FILE

 

https://www.uscis.gov/green-card/after-we-grant-your-green-card/rights-and-responsibilities-of-a-green-card-holder-permanent-resident

 

https://www.irs.gov/businesses/international-businesses/united-states-income-tax-treaties-a-to-z

[K B. 0]

Thanks for your response.

Actually my concern is that I entered USA in December and stayed for only 14 days only and left , so do I have to file tax return for the entire year of 2021 ?

 

Note that the country where I live is not listed under tax treaty countries.

[Merica-n 65]

4 hours ago, K B. said:

Thanks for your response.

Actually my concern is that I entered USA in December and stayed for only 14 days only and left , so do I have to file tax return for the entire year of 2021 ?

 

Note that the country where I live is not listed under tax treaty countries.

When did you become an LPR?  Was it before 12/31？

[Mike E 11,739]

5 hours ago, K B. said:

Thanks for your response.

Actually my concern is that I entered USA in December and stayed for only 14 days only and left , so do I have to file tax return for the entire year of 2021 ?

 

Note that the country where I live is not listed under tax treaty countries.

When you entered the USA on your immigration visa, you is gently became an LPR.  You must  income  taxes based on your world wide income.  Note however:

 

* you can deduct $108700 of foreign income if you reside outside the USA. 
 

* foreign income tax is a credit against USA federal income tax. 

[Lil bear 4,217]

5 hours ago, K B. said:

Thanks for your response.

Actually my concern is that I entered USA in December and stayed for only 14 days only and left , so do I have to file tax return for the entire year of 2021 ?

 

Note that the country where I live is not listed under tax treaty countries.

You may be able to file as Dual Status tax resident for the 2021 year .. or as Tax resident for the whole year. Tax is often a complex issue for the first year as different  options treat income from outside the US differently depending on where you are . Search IRS. websites for Dual Status resident, new tax resident etc .. seek professional advice .. come back here to ask specific questions that arise based on your research.  Also look into FBAR filing, which is required for overseas financial asset holders where the value is over USD$10,000 at any time during the US financial year  .. FBAR is separate to IRS filing for taxes 

[Wuozopo 4,293]

12 hours ago, K B. said:

Thanks for your response.

Actually my concern is that I entered USA in December and stayed for only 14 days only and left , so do I have to file tax return for the entire year of 2021 ?

 

Note that the country where I live is not listed under tax treaty countries.

You don’t say if you married a US citizen to get your LPR or perhaps it was a different way. If there is a US spouse you could file jointly with, there are other answers.
 

But looking at your original question asking about you as an individual, unmarried LPR…whether you file a US return depends on how much money got paid to you in December after you became an LPR. That’s even money you earned from a foreign employer paid in foreign currency into a foreign bank. If you received a paycheck in December between your entry date and December 31, it would have to be more than the filing threshold  $12,550 if you are unmarried. Otherwise you didn’t earn enough as a US LPR to file. BUT if you are married, then you file if you got paid at least $5 (by your foreign employer) in that December period. 
 

You need to provide a little more information. 

[rebeclyna 2]

My husband is in the same situation. He became a legal resident on Dec 24, 2021. As per the green card test, I understand that he has to file taxes for all of his income from 2021. We are hoping that he qualifies for the foreign earned income exclusion and the foreign tax credit. It has been complicated trying to understand. We are applying for an extension (he doesn't even have his SSN  yet) and hiring an accountant to file his taxes for him. I am filing married filing separately for other reasons.