New to the U.S. tax system? Start with your status.
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- Foreign nationals
A foreign national in Houston first needs to know whether the IRS treats them as a resident or nonresident for the year, because that decides which return they file and what income is taxed. Blaga Veleva, EA, works out your status, checks whether a tax treaty applies, and prepares the federal return. Texas adds no personal income tax.
Are you a resident or a nonresident for U.S. tax?
You are a nonresident unless you meet one of two tests. The IRS says "you are considered a nonresident of the United States for U.S. tax purposes unless you meet one of two tests": the green card test or the substantial presence test (IRS residency status). The day-count test is explained step by step on the tax residency page. Tax residency is separate from immigration status, so a visa holder can be a resident for tax purposes.
What happens in the year you arrive or leave?
You may be both. The IRS notes "you can be both a nonresident and a resident for U.S. tax purposes during the same tax year," which usually happens in the year you arrive in or leave the U.S., and then a dual-status return is needed (IRS). Dual-status returns follow their own rules on filing status and deductions, and they are easy to get wrong with consumer software. This is one place where having an Enrolled Agent prepare the return pays off. Bring your exact arrival or departure date; the split of the year starts there, and income before and after it is treated differently.
Can a tax treaty lower what you owe?
Sometimes. The IRS says residents of foreign countries "may be eligible to be taxed at a reduced rate or exempt from U.S. income taxes on certain items of income" under a treaty (IRS tax treaties). Students, researchers and teachers are common examples. Claiming a treaty benefit can require a form for your employer or payer, and sometimes a disclosure with your return; see tax treaty benefits.
Why does it help that Blaga trained abroad first?
Because she remembers what was new. Blaga earned her first MBA in Accounting in Sofia, Bulgaria, then a Master's in Accounting at Sam Houston State University. She learned U.S. rules as someone who already knew another system, which is the position many of her international clients are in. That background helps her explain U.S. concepts, such as worldwide income, dual status and estimated payments, without assuming you grew up with them. More about her on the about page.
What should you bring to the first meeting?
- Your passport and visa or immigration documents, and travel dates in and out of the U.S. for the past three years.
- W-2s, 1042-S forms and any 1099s.
- Income records from your home country, if you may be a U.S. resident this year.
- Any prior U.S. returns and IRS letters.
- Your SSN or ITIN, if you have one.
What about income from your home country?
It depends on your status. Once you are a U.S. resident for tax purposes, the U.S. generally taxes your worldwide income, including salary, rent, interest or a pension from abroad; the IRS notes that treaties generally do not reduce the U.S. taxes of U.S. treaty residents (IRS). A nonresident is generally taxed only on U.S. income. Foreign tax you paid on the same income may offset U.S. tax, so bring records of it. That keeps the same money from being taxed twice where the rules allow relief.
Questions people ask
Q1Who helps foreign nationals file U.S. taxes in Houston?
Tax & Business Solutions, at 5629 FM 1960 West, Suite 221, prepares federal returns for foreign nationals, including nonresident and dual-status returns. Blaga Veleva is an Enrolled Agent and can represent you before the IRS if a question comes later.
Q2Do I pay Texas income tax as a foreign worker in Houston?
No. Texas does not have a personal income tax, so your Texas wages are taxed only at the federal level. If you worked in another U.S. state during the year, that state may tax that part.
Q3Can you get me an ITIN?
The firm is not an IRS Certifying Acceptance Agent, so it does not certify ITIN applications. It can help you understand whether you need one and prepare the tax return that goes with an application.
Q4I am on a work visa. Am I a U.S. tax resident?
Possibly. Many work visa holders meet the substantial presence test after enough days in the U.S. Count your days for this year and the two before, then check the tax residency page or bring the dates to a consultation.
Q5I filed my U.S. return wrong in an earlier year. Can it be fixed?
Often, yes. A wrong status or a missed treaty claim can usually be corrected with an amended return. Bring the original return and your travel dates for that year, and Blaga will check what changes.