Legal Question in Tax Law in California

Hi,

I had a greencard and moved with my spouse, a US citizen to a european country in 2006 with the intention of staying 1 year to spend time with my relatives. 2007 we filed taxes in the US. We divorced and I ended up not returning to the US and have not earned any income in the states, nor filed any taxes or been to visit the US since. I have just found out that I should have filed to end my permanent residency and give back my greencard or I should have filed taxes during this whole period of time.

Now, I am about to book a trip to take my daughter to visit her family in the US for a two week stay.

My questions are, will there be an issue visiting the country due to unfiled taxes, do I need to go back and file taxes for the last 6 years and how do I terminate my residency?

I do have money in a savings account that was put in a CD that hadn't matured by the time we left and also an old IRA that is not managed. Does this affect the situation?

Thank you!


Asked on 2/24/13, 11:00 am

1 Answer from Attorneys
Don Nelson Don D. Nelson, Attorney, C.P.A.

If you still have your green card you must formally surrender it to Homeland Security with the proper form and file tax returns up to your date of surrender. It is likely if you have been outside of the US for some time when you enter it they will request you surrender your green card and possible turn you back. The tax questions will come later. You must file a tax return on your worldwide income so long as you have a greencard, though due to foreign tax credits and expat benefits you may owe no taxes. There are also severe criminal and civil penalties for failure to file certain foreign financial asset reporting forms (when required).

We have assisted hundreds of individuals successfully surrender their green card and settle with the IRS. We can help you. Please check out our website at www.TaxMeLess.com or email me for a paid phone consultation at [email protected]. Good luck.

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Answered on 2/24/13, 3:05 pm


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