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Listserv Q&A for
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Question:

If a person is here under an E2 visa, do they have to report worldwide income in their IRS return?

Answer by Greg Berk:

This is a tax question best suited for a CPA with intíl tax experience.

Answer by Peter Gelles:

The answer to this question depends on whether or not the E-2 visa holder is considered to be a US tax resident at the time in question. In the case of E Visas, this can often be a matter of choice for the Applicant, if he or she is able and willing to limit Days actually spent in the US to not more than 121 Days in each calendar year. This is as a general rule But each case may have special facts to be taken into consideration. So, normally, the choice of visa should Take this into account, as the question implies. Suitable tax input is best obtained from an Immigration-savvy international tax and business Practitioner (lawyer or accountant) with due account Being taken of all other relevant personal and Business factors. For example; US business Presence/timing requirements; marital and family Member status; future family planning Considerations; pre-immigration and post- Immigration tax and estate planning needs; Separate/community property issues, if any; etc., Etc.,


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