Serbinski Accounting Firms

FBAR source is page 5/13 Federal Register Vol. 76, No. 37 which can be easily located at this url: http://www.gpo.gov/fdsys/pkg/FR-2011-02-24/pdf/2011-4048.pdf Florida driver license issue is carried all over the net by many news agencies including Toronto ones with url: http://www.thestar.com/news/...

Published By Reuters State officials in Florida plan to amend a new state law that has turned thousands of unwitting foreign tourists into illegal drivers and may make it hard for them to collect insurance claims if they get in auto accidents while visiting the state. "We will work with the leg...

The Treasury Department's Financial Crimes Enforcement Network (FinCEN) clarified that, in determining whether an individual is a U.S. resident for FBAR purposes, the election under which a nonresident alien married to a U.S. citizen can be treated as a resident for tax purposes is disregarded.

Regarding ctshp at birth or via proof, see 8 U.S.C. §1431 (2012) and 8 U.S.C. §1433 (2012), while noting the distinction between "citizenship on application" & "automatic citizenship".

Keep in mind for a different scenario where the parents are US citizens:

Under the “kiddie taxâ€￾ rules, certain children are taxed at their parents' highest tax rate on the child's unearned income over $1,900 for 2012 and $2,000 for 2013, as calculated by RIA based on inflation-adjusted CPI amounts, if that tax is higher than what the child would otherwise pay on it. The parents can, if certain conditions are met, elect to include the child's gross income on their own return.

A child is subject to the kiddie tax if: (1) the child either (a) is under age 18 at the end of the tax year, or (b) is age 18, or 19-23 if a full-time student, at the end of the tax year and his earned income doesn't exceed one-half of his support; (2) either parent is alive at the end of the tax year; (3) the child doesn't file a joint return for the tax year; and (4) the child's unearned income is more than $1,900 for 2012 ($2,000 for 2013, as calculated by RIA based on inflation-adjusted CPI amounts).

Where a NRA spouse is the only RESP party listed as the “subscriberâ€￾ and/or as any other title anywhere & that NRA spouse has made an election to be treated as a US resident (such as under Code Sec. 6013), shouldn't that NRA spouse and the US spouse be exempt from 3520 reporting on 3520? For example, regarding FBAR, for the Treasury Department's Financial Crimes Enforcement Network (FinCEN) policy in determining whether an individual is a U.S. resident for FBAR purposes, the election under which a nonresident alien married to a U.S. citizen can be treated as a resident for tax purposes, is disregarded.
The 6013 elections appear to apply only for the purposes of chapters 1 and 24 of the Code; if that is correct, then information reporting under other chapters would not apply to someone who has made a 6013 (g) or (h) election.

Where a NRA spouse is the only RESP party listed as the “subscriberâ€￾ and/or as any other title anywhere & that NRA spouse has made an election to be treated as a US resident (such as under Code Sec. 6013), shouldn't that NRA spouse and the US spouse be exempt from 3520 reporting on 3520? For example, regarding FBAR, for the Treasury Department's Financial Crimes Enforcement Network (FinCEN) policy in determining whether an individual is a U.S. resident for FBAR purposes, the election under which a nonresident alien married to a U.S. citizen can be treated as a resident for tax purposes, is disregarded.
The 6013 elections appear to apply only for the purposes of chapters 1 and 24 of the Code; if that is correct, then information reporting under other chapters would not apply to someone who has made a 6013 (g) or (h) election.