Essentials of U.S. International Tax Plans for the Foreign Person

Resident Aliens - Up to date as of July 2018

If you are a citizen of a country with a tax treaty, the treaty decides if you are a resident or non-resident.  Otherwise, if you have a green card or spend too many days in the U.S., you are a resident alien. 

Dual-Status Aliens  

A dual-status alien is an individual that is both a resident alien and a nonresident alien in the same tax year.  This can occur when you obtain your green card.  

Saving Taxes with Tax Treaties

 
The U.S. tax liability of non-resident aliens is determined primarily by the provisions of tax treaties.  If the non-citizen is not a national of a treaty country, then the U.S. Internal Revenue Code applies. 
 
Many foreign countries have tax treaties. The U.S. Tax treaties override or modify the provisions of the Internal Revenue Code.  Tax treaties allow you to pay less tax.   

Estate Taxes- Non-domiciled aliens are subject to estate taxes on all of their U.S. property (including stocks, bonds, and property) except bank accounts and life insurance.  

They are not entitled to the $5,000,000+ exemption that is allowed for Americans. Accounts with brokerage firms are frozen upon the alien’s death.   Tax treaties may allow the alien to avoid U.S. gift and estate taxes.  Learn more here.