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Incross Fintech LLP

We are NRI-focused platform, having expertise in international tax, inheritance laws, and Indian legal frameworks. We are backed by technology.

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Our Blogs

Foreign Earned Income Exclusion (FEIE) for U.S.-Based NRIs – Step-by-Step Guide
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DTAA Analysis between India & USA
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A simple step wise guide for filing US tax returns for NRIs
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DTAA India-USA: How NRIs Can Avoid Double Taxation
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India FBAR, 8938, 8621 & other income and Assets Foreign Reporting and IRS Compliance
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1040 (NR) or 1040 (Resident) - Which return should a US Green card Holder residing abroad file?
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How can US NRI Comply with PFIC and FBAR Rules on Indian Investments?
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How can NRI file Taxes for Income earned in US & India in both countries with help of India for NRI?
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What is DTAA between India and the US?
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Who is a non-resident for US tax purposes?
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Do I need to pay tax on Indian income in the USA?
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What is FBAR Filing for US NRI? What needs to be kept in mind?
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1040 (NR) or 1040 (Resident) - Which return should a US Green card Holder residing abroad file?

Are you a green card holder residing outside USA, know which return is to be filed? (1040 NR or 1040 Resident)


U.S. Tax Implications for Green Card Holders & Resident Aliens


If you hold a U.S. Green Card or qualify as a resident alien, you are subject to U.S. taxation on your worldwide income, just like U.S. citizens. However, to avoid double taxation, you may benefit from:
✅ Foreign Earned Income Exclusion
✅ Housing Cost Exclusion/Deduction
✅ Foreign Tax Credit

🔹 Tax Treaties & Residency: Green Card holders may claim tax treaty benefits but must comply with strict reporting rules. Filing Form 1040NR (Non-Resident Return) could raise questions about your residency status and trigger IRS scrutiny.

🔹 Residency Termination Risks:

Abandoning Green Card: Requires USCIS Form I-407 or formal notification. Simply not filing taxes as a resident does not terminate tax residency.
Filing 1040NR: May be seen as claiming non-resident status, potentially affecting legal standing.

🔹 Key Differences in Taxation for Non-Resident Aliens (1040NR):

Only U.S.-sourced income is taxed (e.g., salaries, rental income, dividends).
No standard deduction, and itemized deductions are limited.

Potential higher tax rates compared to residents.
Missteps can lead to hefty IRS penalties (starting at $10,000 per missed form). If you’re an NRI with U.S. ties, understanding these tax implications is crucial to staying compliant!

Also Read: How can US NRI Comply with PFIC and FBAR Rules on Indian Investments?

 

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