Green Card US Taxes: Filing Requirements for Holders

As a green card holder, you are a tax resident and are taxed on your worldwide income from the date you get your green card, under the same tax laws as US citizens. You must report all income, use all applicable deductions and credits, and meet federal and state tax obligations. Knowing these requirements is key to keeping your status and avoiding penalties. This article will cover the main tax filing requirements for green card holders. Additionally, maintaining relationships with a foreign country can be significant for tax benefits and residency qualifications.

WHAT ARE THE TAX FILING REQUIREMENTS FOR GREEN CARD HOLDERS?

FILING IRS FORM 1040 AS A US RESIDENT
Green card holders must file IRS Form 1040 as US residents. This form is used to report annual income and calculate the amount of federal income tax owed or refund due.

STANDARD FILING THRESHOLDS

The filing thresholds for green card holders depend on their filing status and age. For 2023:

Single: $13,850 (under 65), $15,700 (65 or older)
Married Filing Jointly: $27,700 (both under 65), $29,650 (one spouse 65 or older), $31,500 (both 65 or older)
Head of Household: $20,800 (under 65), $22,650 (65 or older)
Self-Employed: Must file if net earnings are $400 or more

Even if income is below these thresholds, green card holders must file if self-employed and earn $400 or more annually.

HOW DOES FILING STATUS AFFECT TAX FILING REQUIREMENTS FOR GREEN CARD HOLDERS?
For green card holders, selecting the correct filing status is crucial as it directly impacts your tax rates and filing requirements. Here’s a breakdown of the main filing statuses:
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The Tax Relief For American Workers And Families Act Failed To Pass In The Senate

§ 174 Fix Fails to Pass in Senate

The Tax Relief for American Workers and Families Act failed to pass in the Senate on Thursday, August 1st. The bill contained several tax items, including a retroactive fix to reinstate current expensing for domestic R&D expenditures under § 174 of the Internal Revenue Code.

This legislation would have helped millions of businesses who engage in R&D activities by ultimately reversing a portion of the Tax Cuts and Jobs Act of 2017 that modified how expenses for R&D were treated beginning in the 2022 tax year.&D activities by ultimately reversing a portion of the Tax Cuts and Jobs Act of 2017 that modified how expenses for R&D were treated beginning in the 2022 tax year. Beginning with the 2022 tax year, businesses can no longer immediately deduct specified research or experimental expenditures, but instead must amortize them over five years for domestic expenditures and fifteen years for foreign expenditures. This is a timing difference only, but needless to say, this hurts taxpayers in the short-term.

The House of Representatives passed the Tax Relief for American Families and Workers Act of 2024 back in January with a vote of 354 – 70. This bill would have reinstated immediate deductions for domestic R&D. The bill was sent to the Senate, where it quickly stalled on both sides of the aisle.

Finally, on August 1st, the bill came to a cloture vote in the Senate. However, even before the vote, it was expected to be dead on arrival, and the vote was expected to be a political show only. The bill needed 60 votes to pass cloture. The final vote tally was 48-44, with many Senators absent. However, note that the 41st nay vote was cast before several of the yay votes were cast. These later yay votes were essentially waiting for the vote to be dead before they cast their yay votes, so they could claim they voted for it in their elections. Consequently, this vote was not as close as the tally might indicate.

At this point, there is no fix for § 174 amortization. Amortization is still required and will remain so for the foreseeable future. Consequently, taxpayers should get in compliance with the law and ensure they are amortizing any developmental expenditures as defined under § 174 and the related guidance.

Note that § 41 of the Internal Revenue Code, the R&D tax credit, still remains a viable option to reduce the tax increase from § 174 and should be evaluated by all taxpayers hit by § 174.

Written By Jim Foster, Contact Source Advisors

Tax Revenue Is Up In Minnesota Due To Walz Tax Increases; However, State Shortfall Looms With Overspending

The Minnesota Management and Budget officials released the budget and economic forecast showing the 2024-25 biennium is expected to end with a surplus of $3.71 billion. That’s up $1.32 billion from November projections.

As for the 2026-27 biennium, concerns about a structural imbalance persist, but the numbers have also improved there since November, with a projected biennial surplus of $2.24 billion, compared to the far more modest $82 million projected in November.

What changed? Tax revenue is up, especially in corporate profits, while spending estimates are largely unchanged. While the structural budgetary balance has improved, spending is still projected to exceed revenue through fiscal year 2027.

State tax revenue for the 2024-25 biennium is projected to be $61 billion and $64.8 billion in the 2026-27 biennium. Meanwhile, spending is projected at $70.53 billion in the 2024-25 biennium and $66.29 billion in the 2026-27 biennium. A beginning balance of $16.52 billion in the current biennium and $7 billion in the next (and a $3.26 billion budget reserve in each biennium) push the projected budgets into surplus territory.

“We’ve got a lot of good news in this forecast,” said Commissioner Erin Campbell. “While a smaller structural imbalance is good news, that structural imbalance is something that we will have to deal with.”

Campbell added that her agency projects a bonding bill of $980 million and folded that into the forecast. Campbell and State Economist Laura Kalambokidis both warned of risk factors that could change the forecast, such as a possible federal government shutdown and international conflict.
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PARIS OLYMPICS- 2024

For the summer Olympics of 2016, I wrote an article on what a State Tax Decathlon could look like. Here are the events:

The Jock Tax Challenge – calculate state taxes for professional athlete
Multistate File and Plan for individual with activities in 10 states
The Business Split – calculate state taxes for multistate business in states with differing sourcing and apportionment
Nexus Confidence – based on given facts, does taxpayer have nexus in the state?
Amicus Drafting – research and draft brief with references to at least 30 cases
Power of the People – draft ballot materials for a state tax initiative
Harmony – draft federal legislation acceptable to all stakeholders
Dust It Off – persuade a state legislature to hold hearing and take action on a report of a state tax commission
Base Broadening – make convincing arguments on why a state tax incentive for business should be repealed
Tax Literacy – design education plan for high school students to understand their state’s tax system and compliance obligations

For more details, see “The State Tax Decathlon,” Tax Notes State, 9/12/16 (with some background on the decathlon too).

For the summer Olympics of 2020, I wrote about “The State Tax Pentathlon,” Tax Notes State, 8/16/21 (the 2020 Olympics were postponed to 2021 due to Covid). One of the tax events: Speed Answering — Like the horse riding and jumping event where athletes do not know the horse they will be assigned, contestants must answer questions from the taxpayer and practitioner phone lines of any 12 randomly selected state tax agencies. Points are awarded for accuracy, clarity, and politeness.

I’m not writing about the 2024 Olympics due to time constraints, BUT, what would you suggest to update my decathlon list form 2016?

Professor Annette Nellen Requests Your Ideas For The 2024 Olympics

California Tax Hikes

According to the California Legislative Analyst Office, California is raising billions of dollars with state tax increases while limiting the use of NOLs.

The May Revision proposes to temporarily increase corporation tax revenues by limiting the use of business tax credits and net operating loss deductions. We think the proposal to limit use of tax credits is worth serious consideration. On the other hand, the proposal to limit net operating loss deductions raises concerns. In response, we suggest the Legislature consider alternative ways to raise revenue should it wish to pursue revenue solutions.

Background
Business Tax Credits Aim to Encourage Certain Economic Activity. Tax credits allow businesses to reduce their tax bill when they do certain activities—such as hiring certain workers and conducting research—that state policies aim to encourage. Business tax credits essentially are spending programs carried out through the state’s tax system. Examples include the research and development credit, the California Competes credit, and the film and television credit. The research and development credit is the state’s single largest business credit, reducing revenue by around $2 billion each year.

Net Operating Loss Deductions Smooth Business Profits and Losses Over Time. Many businesses experience losses in some years. These businesses are allowed to carry forward these net operating losses (NOL) and deduct them from their taxable income in future years. NOL deductions allow businesses to smooth profits and losses over time for tax purposes. NOL deductions can be carried forward for up to 20 years.

NOL Deductions Provide More Equitable Treatment of Taxpayers. The smoothing of profits and losses via NOL deductions results in businesses with similar profits over time paying similar taxes. Without this smoothing, businesses that have large swings in profits and losses from year to year pay more taxes than businesses with similar but more stable profits. Some businesses are more prone to large swings because they are in riskier or more innovative industries. For example, profits of businesses in the technology, motion picture, transportation, and real estate sectors tend to fluctuate more than other sectors. NOL deductions allow for a more equitable treatment of these types of businesses.
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TIGTA: IRS Employees Willful Non-Compliance Paying Taxes

The Treasury Inspector For General For Tax Administration (TIGTA) recently released a stunning report about tax delinquencies for their employees on July 24,2024.

Why TIGTA Did This Audit
This review was initiated based on a congressional request asking TIGTA to conduct an updated review of the IRS’s employment practices. This included determining how many agency employees are not currently fully compliant on their tax debts and how many rehires on the IRS payroll were previously separated for performance issues, including failure to fully pay their taxes, and what actions the agency is taking, if any, to remedy these compliance issues.

The overall objectives of this audit were to evaluate the process for identifying and remediating willful IRS and contractor employee tax noncompliance, and the steps taken to mitigate the risks of rehiring former employees with past conduct or performance issues.

Impact on Tax Administration

In Section (§) 1203(b) of the IRS Restructuring and Reform Act of 1998, Congress made mandatory the removal of any IRS employees who were found to have willfully committed certain acts of misconduct, including tax noncompliance, subject only to the IRS Commissioner’s discretion. Hiring employees of high integrity is essential to safeguarding taxpayer information. IRS and
contractor employees who are not tax compliant could negatively affect public trust in tax administration and the perception that the IRS is being honest in its dealings with taxpayers.

What TIGTA Found

The IRS has policies and procedures in place to detect and remedy IRS and contractor employee willful and non-willful tax noncompliance as well as conduct/performance issues. However, some current IRS and contractor employees have previous tax noncompliance or prior conduct/performance issues. Overall, IRS and contractor employees were 95 percent tax complaint, consisting of filing and payment tax compliance. Of the 85,359 IRS employees on the rolls as of May 6, 2023, 85,344 (more than 99 percent) were compliant with their tax filing obligations and 82,036 (96 percent) were compliant with their tax payment obligations. In addition, of the 25,732 contractor employees on board as of March 13, 2023, 25,660 (more than 99 percent) were compliant with their tax filing obligations and 23,248 (90 percent) were compliant with their tax payment obligations. Between October 1, 2021, and April 1, 2023, the IRS closed 1,175 cases with disciplinary actions, for 1,068 current employees, with confirmed tax noncompliance issues. During that same time period, 70 employees were identified with substantiated willful § 1203(b)(8) or (b)(9) violations and 20 were removed as a result.
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Great News For Corporate Tax Leaders: IRS Approved E-File For Forms 720 And 8849

Don’t wait until the IRS mandates e-file for forms 720 and 8849. Act now to stay ahead of the game.

Visit and Contact us Today at https://akorefederal.com

Still, filing your Excise Tax Returns through paper? It’s time to switch to digital e-filing and eliminate paper returns. The IRS offers an e-filing option for excise tax forms 720 and 8849, and only Akore Federal Excise Tax E-File Software has the enterprise-level solution.

TaxConnections is excited to introduce AKORE Federal Tax Software by Richard Carrier (CEO):

  • IRS Authorized: Akore is the only e-file Provider with enterprise-level security for excise tax e-filing.
  • Top-rated Security: Backed by an AKORE Trust Document, ensuring critical security checks and reliability.
  • e-File 2024 Q3 and Q4: Get e-File ready now with introductory pricing through 12/31/24.

Flexible E-filing Solutions: Akore Federal provides an e-filing service tailored for everyone—individual tax experts, CPA firms handling hundreds of returns, and large corporate filers. No matter the volume, Akore has you covered.

Join the expanding number of companies utilizing Akore’s Federal e-Filing service to not only expedite your refunds and streamline your tax processes, but also to experience the peace of mind that comes with choosing certified, secure excise tax software. Akore’s existing clients are primarily large enterprises that demand professional support and trusted security certification.

Visit and Contact us Today at https://akorefederal.com

Kamala Harris Wants to Raise U.S. Corporate Income Tax Rate Higher

According to the organization Americans For Tax Reform, Kamala Harris wants to raise corporate income tax rates. Vice President Kamala Harris backs hiking the current 21% federal corporate income tax rate to 35%, higher than socialist Venezuela’s 34% rate.

Vice President Harris’ plan is also significantly higher than President Biden’s proposed plan to hike the corporate rate to 28%. The Harris 35% rate would saddle America with one of the highest corporate income tax rates in the world, ten points higher than Communist China and tied with communist Cuba.

After adding state corporate income taxes, the combined federal-state rate under Harris amounts to about 39%, sticking American employers with a higher tax burden than our competitors and adversaries.

During her previous presidential campaign, then candidate Harris told members of an Iowa roundtable that the corporate tax rate has “got to” be increased.

Harris said: “We’ve got to increase the corporate tax rate.” Harris’ plan for a 35% corporate rate is in line with her repeated threats to fully repeal the 2017 Trump tax cuts. This means a return to a 35% corporate tax rate under a President Kamala Harris.

American workers will bear the brunt of Harris’ corporate tax increase.
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Chevron Dethroned: Supreme Court Reverses Course On Deference

On June 28, 2024, the US Supreme Court overturned its 40-year-old precedent concerning deference (often referred to as “Chevron deference”) given to a federal agency’s interpretation of a statute in Loper Bright Enterprises, et. al., v. Gina Raimondo, No. 22-451 (S. Ct. 2024). Since the issuance of the Loper Bright opinion, tax professionals have been speculating as to the impact of the opinion. For example, see our email blast on July 2, 2024.

Exhibit 2 from the 2022 Tax Forum was a simplified version of the facts in the case of Tribune Media Co., et al. v. Commissioner, TC Memo 2021-122 (Oct. 26, 2021), which involved the sale of the Chicago Cubs to the Ricketts family. Unlike the senior debt, the junior debt was determined by the court to be equity and, therefore, treated as additional sale consideration rather than a debt-financed distribution under Reg. §1.707-5(b) (that is not tainted by the disguised sale rules). One of the issues in Tribune Media, now pending in the Seventh Circuit Court of Appeals, is the “general” partnership anti-abuse rule of Reg. §1.701-2, which is the topic of today’s email.

On July 3, 2024, counsel for Tribune Media submitted a letter to the Seventh Circuit Court of Appeals about the impact of Loper Bright on the validity of the partnership anti-abuse rule of Reg. §1.701-2. In the letter, counsel claimed that the regulation is an “extraordinarily broad assertion of agency authority,” and that “the agency [i.e., Treasury] even contends that it can invalidate a transaction that follows ‘the literal words’ of a statute that Congress enacted.” Counsel reiterated that “Loper Bright confirms that this Court should scrutinize [Treasury’s] assertion of authority carefully to ensure that the agency stayed within permissible statutory bounds.”
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Sales Tax Holidays By State, 2024

According To The Tax Foundation “Sales tax holidays, designated periods when select goods or services are exempted from state (and sometimes local) sales taxes, continue to be politically popular among the states: 19 have held or will be holding sales tax holidays in 2024, one more than last year.

They also take different forms in different places. In recent years, Florida has exempted outdoor recreational equipment from its state sales tax during the summer, while Iowa and Oklahoma have exempted clothing during their holidays. Sales tax holidays are politically popular with elected officials because they offer direct discounts, whether real or perceived, to consumers in a highly visible way. Consumers often believe they’re getting a good deal. Thus, they remain popular despite their economic inefficiencies, unintended consequences, and frequent inability to achieve their stated goals.

Proponents of sales tax holidays claim they create economic growth by increasing retail activity within their timeframes. However, studies show that much of the increased shopping during holidays is shopping that consumers would have done at other times but moved to the holiday timeframe to take advantage of discounts. While some consumers make incidental “impulse” purchases during these holidays, those additional purchases are not enough to justify the revenue costs associated with these holidays, even if such impulse purchases are desirable. Since sales tax holidays shift the timing of demand but do little to increase its magnitude, sales tax holidays reduce state and local tax collections for little or no economic benefit.

Go To Tax Foundation To Read Article: https://taxfoundation.org/data/all/state/sales-tax-holidays-2024/

R&D Tax Credit ‍Made Simple: Train And Retain Your Tax Team (Complimentary R&D Tax Credit Training)

If I could advise all tax leaders on retaining their valuable tax staffs, I would advise them on the number one reason tax staff turnover in an organization in the first place. The best retention strategy for leaders of tax organizations is to learn what we have discovered speaking privately with over 250,000 staff level tax professionals over thirty years on why they decide to leave a tax organization. They primarily give us the reason as lack of training and learning. This is one of the most overlooked retention strategies in every tax organization. Your tax team wants more training, so it is vitally important to provide continuous training to your tax staff. In this post, I will share about a training program that is valuable and free to your organization. For the understaffed tax manager/tax director/VP Tax, I want to share with you a program I discovered while speaking with Eric Larson at Source Advisors (Eric.Larson@SourceAdvisors.com). On a complimentary basis, Eric will arrange a team of experts to train your tax team on R&D Tax Credits. Yes, for free! Why is it free? Simply, they want to get you to know them and what benefits they bring to you.

While speaking with Eric, I also decided to learn about GOAT.tax which does the R&D tax credit work for your organization. What I discovered was amazing to learn because it is so easy to use, it is free to use, and it is supported on audit. If you are not familiar with GOAT.tax, I highly recommend you contact Eric about free training and education how to claw back tax savings through R&D tax credits. Complimentary training for your tax team will do wonders for your tax organization retention strategies. Eric organizes these training opportunities privately for corporate and public accounting tax organizations. Eric will speak with you about arranging a special training session just for your tax team. You staff retention will be higher with frequent training sessions.

If you have training needs in other tax areas, please contact me at kat@taxconnections.com and I will connect you with high end tax experts who would love the opportunity to train your tax teams on tax topics of interest to you.

Contact Source Advisors at this link: https://sourceadvisors.com/source-advisors-taxconnections-featured-offerings/ PR reach Eric directly at Eric.Larson@SourceAdvisors.com to set up complimentary R&D tax credit training for your entire tax organization.

REGISTER FOR TRAINING SESSION STARTING THIS MORNING AT 10:00AM CST: https://www.taxconnections.com/taxblog/join-us-thursday-july-18th-for-a-cpe-webinar-on-%c2%a7-174-updates-2/

OR Contact Eric to set up a complimentary training session just for your tax team.

CA Supreme Court Removes Taxpayer Protection Initiative From November Ballot

“The liberal justices of the California Supreme Court sided with California’s corrupt politicians to strip citizens of the initiative rights that they have had for over 112 years.” – Carl DeMaio
The California Supreme Court sided with Gavin Newsom and California Democrat politicians in removing the California Taxpayer Protection Initiative from the November ballot.

The California Taxpayer Protection Initiative (CTPI) is a citizens initiative that collected the required amount of valid signatures — over 1.4 million — from Californians to be placed on the ballot. The measure would make it harder for state and local politicians to impose costly and unfair tax hikes — the reason that politicians sued to block it from the ballot.

Specificialy, the California Taxpayer Protection Initiative would:

-Restore a two-thirds vote for any tax hike – thus ending the way they imposed the car and gas takes hikes recently
-Impose a stricter definition on what is a “tax” so politicians can’t call them “fees”
-Require the words “tax increase” be included on the official title of any measure that appears on the ballot that contains a tax hike inside of it, and
-Repeal dozens of tax hikes imposed after Jan 1, 2022 – immediately saving taxpayers money Carl DeMaio, a candidate for State Assembly and chairman of the tax-fighting group Reform California — which helped collect signatures to place the initiative on the ballot, says that the decision stripped citizens initiative rights.

“The liberal justices of the California Supreme Court sided with California’s corrupt politicians to strip citizens of the initiative rights that they have had for over 112 years,” said Demaio. “By removing the California Taxpayer Protection Initiative from the November ballot, the Sacramento Swamp has shown how far they will go in their abuse of power to silence their opposition and prevent reform from happening.”
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