39: Accidental Tax Residents

With the pandemic creating travel restrictions, plenty of people have been stranded from home. In addition to the career and family implications of being stuck away from home, there are potentially large tax complications as well. For those stuck in the United States, you could be considered a tax resident and have certain filing requirements you don’t even realize.

You could be a tax resident if you pass the substantial presence test

On this episode of the Taxgirl podcast, Kelly is joined by Diane Nobile, a partner at the Miami office of Saul Ewing Arnstein & Lehr. Diane has more than 25 years of experience as an international tax and commercial real estate attorney, giving her the perfect insight on the legal ramifications for accidental tax residents, who might qualify for exemptions, and what both taxpayers and tax practitioners need to know heading into this tax season.

Listen to Kelly and Diane talk about accidental tax residents:

• How people got stuck in a location
• What the IRS had to say
• Revenue procedure 2020-20
• How the IRS defines someone as a tax resident
• Substantial presence test
• Potential penalties for failure to report
• What tax practitioners need to know
• FBAR reference guide
• Tax treaty tiebreaker rules
• What should taxpayers ask their tax practitioner?

More about Kelly Phillips Erb:

Kelly is the creator and host of the new Taxgirl podcast series. Kelly is a practicing tax attorney with considerable experience and knowledge. She works with taxpayers like you every day. One of the things that she does is help folks out of tax jams, and hopefully, keep others from getting into them.

Links mentioned:

Kelly’s Website – Taxgirl

Saul Ewing Arnstein & Lehr - Website

Diane Nobile - LinkedIn

Diane Nobile - Email