Tax reporting requirements for long-term green card holder

dbaezner · Post by **dbaezner** » Thu Feb 16, 2017 9:26 pm

Hi. I'm a Canadian citizen who lived in the U.S. for 20 years, most of it on a green card, and moved back to Canada in late January, 2016 when my green card expired. For health reasons, I have no plans to go back, not even for visits.

Can I file as a non-resident alien with the IRS for February, 2016 and on? Or do I have to renounce my green card "status" before the IRS deems me to be a non-resident? (I have so far held off renouncing my status because I'm not sure if that causes me to lose my US disability benefits.)

Thanks.

nelsona · Post by **nelsona** » Fri Feb 17, 2017 4:26 pm

Not yet. While you card may have expired, you are still in fact a legal permanent resident for immigration purposes, until you renounce your green card. And IRS considers you a US tax resident until you ALSO file expatriation papers with them, since you are considered an LTR, long-term resident.

There are several threads on this subject.

Assuming you mean social security disability, I would check with SSA, but I think you are fine, Besides, if you've left US, your legal status is soon to be in jeopardy anyways, so you need to find out soon.