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DAP Forums > DREAM Act > The Lounge

For US tax purposes, are you a U.S person? DACA

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#1
11-04-2016, 11:23 AM
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Hello everyone,
Am applying for a job and I get this question Im not sure how to answere.

For US tax purposes, are you a U.S person?
In general you are considered a US person if you qre a (1) US citizen (2) US resident or (3) entity organized under the laws of the US.

I selected NO but later in the applcation it tells me Im a US person because of the number of days I've spent in the US in the past 3 years.

For tax puposes am I allowed to say yes??
I think I am but I want to make sure.

I have DACA
Thanks
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#2
11-04-2016, 01:26 PM
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No, for tax purposes, IRS and only IRS recognizes you as a legal alien aka US resident
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#3
11-06-2016, 12:04 AM
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You are a US person because you fall under the "citizen or resident of the US" category because you are a "resident". And you are a resident alien of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year (January 1-December 31). Meaning, you are not a green card holder but have resided in the US for the majority of that year thus making you a resident alien = US person.

Just like undocumented people without DACA, they are still in the same category, a resident alien= US person, because they meet the requirements for substantial presence.

I prepared taxes for a little while so I hope that makes sense to you.
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Last edited by QueenB; 11-06-2016 at 12:08 AM..
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#4
11-09-2016, 01:02 AM
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Thank you very much for your help both of you
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