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U.S. Tax and U.S. Immigration Practice Groups’ December 2019 Practice Pointer

Publications / Dec 06, 2019

If you became a Lawful Permanent Resident (“Green Card” holder) at any time during 2013, as of January 1, 2020, you will be considered a “Long-Term Resident” by the IRS and may be subject to additional reporting requirements and an expatriation tax should you decide to surrender your status in the future.

Additionally, even if you became a Green Card holder at any time and are no longer living in the U.S., whether or not your Green Card has expired, you are still required to file taxes in the U.S. This is true even if you were only a Green Card holder for a few days within a given year.

If you intend to give up your Green Card status, there is still time to do so before the end of the year, either to prevent becoming a Long Term Resident or in order to avoid having to file taxes beyond 2019. However, it is very important that you comply with the IRS and USCIS guidelines, otherwise your attempt to surrender your status may be delayed or ineffective.

If you have any questions on this issue, please contact Oz Halabi, Partner and Chair of the U.S. Tax Group, or Ari Farkas, Partner and Chair of the U.S. Business Immigration Group.