3 Major Immigration Tax Issues. . -- Kiritsis Law Firm Group 212 922 0005

Apr 27, 2021

Tax has a way of cropping in every facet of the legal world; it only makes sense, that immigration is no exception.

1. Hard to improve immigration status without becoming subject to U.S. income taxation. Generally, in the U.S., if you want to get a government benefit, then you have to be compliant with U.S. taxation. For example, when two parties argue of who is the real owner or should get paid, the party who can substantiate its positions with tax records would be looked more favorably, by one that does not. This is similar in other contexts, for example, one of the requirements to getting bankruptcy relief, is that you have filed taxes.  It is little wonder, that obtain better immigration status, hopefully, for many, leading to U.S. citizenship, being subject and complying with U.S. tax laws, would often be a requirement.

2. TIN vs SSN vs EIN. None of these 3 numbers should automatically, be associated with immigration status, or the ability to work or even live in the U.S. TINs are used by mostly alien non U.S. citizens.  SSNs are overwhelmingly issued to American born U.S. citizens, soon after they are born.  EINs are used primarily by businesses for a variety of identification purposes.

3. Business structuring gets tricky. Non U.S. citizens looking to live in the U.S., and are planning to start a business or buy a house in the U.S., are generally, encouraged to open LLCs. Starting an LLCs could provide a non U.S. citizen with a number of tax and non-tax benefits, which may become more pronounced, in the event of a massive change in U.S. immigration, a not too remote possibility, given the new U.S. executive branch's announced policies. S Corps, are generally, not a good idea for non U.S. citizens to use as a mean to operate a business or own assets in the U.S., except in a few situations (i.e. non U.S. citizen has trusted relationship with U.S. citizens, willing to partake in certain legal entity structure maneuvers). C Corps may be useful for non U.S. citizens planning to operate large businesses or buy large assets in the U.S. Trusts may be a good option for non U.S. citizens planning to obtain U.S. citizenship after 10-20 years. 

 

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