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E2 has fiscal advantages??? What are they?

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  • E2 has fiscal advantages??? What are they?

    A friend of mine said that he did not want to get a green card but would rather stay with his E2 status due to several advantages that E2 may have, specially in what regards to fiscal aspect.
    is it true that an italian citizen that has got an E2 does not need to declare individual tax returns in the US, but only in his country of origin?

    What are these mentioned advantages, then????

  • #2
    A non-immigrant visa holder who does not meet the physical presence test (eg, spends less than a quarter each in the year in the United States) is not a US resident for tax purposes, and is only subject to taxes on their US income. This would be beneficial for someone whose E-2 related income is much smaller than his worldwide income from other sources.

    There is no advantage for someone who either meets the substantial presence test (and is therefore a US tax resident), earned a substantial amount of their income in the United States, or already pays a significant amount of taxes to a foreign authority (which will be credited on their US tax return)

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    • #3
      Originally posted by inadmissible View Post
      A non-immigrant visa holder who does not meet the physical presence test (eg, spends less than a quarter each in the year in the United States) is not a US resident for tax purposes, and is only subject to taxes on their US income. This would be beneficial for someone whose E-2 related income is much smaller than his worldwide income from other sources.

      There is no advantage for someone who either meets the substantial presence test (and is therefore a US tax resident), earned a substantial amount of their income in the United States, or already pays a significant amount of taxes to a foreign authority (which will be credited on their US tax return)
      Thanks for the answer.

      However, this is for any nonimmigrant visa.
      When an E-2 visa holder intends to file a i-140 and then adjust status with an i-485, USCIS requires the petitioner to waive his E-2 privileges by filing a i-508.

      What would be these privileges, that are specific to the E-2 visa holder and we need to waive them when requiring adjustment of status for permanent residency?

      Thanks

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