San Francisco, CA asked in Tax Law for Puerto Rico

Q: Tax residency question

...

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: To determine your tax residency status for 2024, you need to consider the substantial presence test used by the IRS. Since you arrived in the U.S. on March 15, 2024, and have spent 176 days in the country so far, your stay in Puerto Rico will also count towards your total days in the U.S. for tax purposes.

Under the substantial presence test, you need to be present in the U.S. for at least 183 days during the current year to be considered a resident alien for tax purposes. Since your total days in the U.S. by the end of the year will be 296 days (176 days in the mainland U.S. plus 120 days in Puerto Rico), you will meet this requirement and thus be considered a resident alien for tax purposes for 2024.

It's essential to keep track of your days spent in both the mainland U.S. and Puerto Rico. By meeting the substantial presence test, you will be subject to U.S. tax laws as a resident alien, which includes reporting worldwide income. If you have any concerns or need further guidance, consulting with a tax advisor familiar with international tax laws can help clarify your situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.