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Category: US Tax
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I received a card via marriage in 2003 (divorced 10 years

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I received a green card via marriage in 2003 (divorced 10 years later) I have never actually lived in the US but always traveled every year as my daughter lives there. I never filed to pay US taxes and have never earned any money there or worked for a US client. I am a freelance photographer based in the UK. I want to get rid of my Green card which is up for renewal in 2023. What are the tax implications as I have never paid tax in the US. I pay my full UK taxes every year. I understand there is a UK/US tax treaty so I would pay double tax but it is the US capital gains on a property that is a big concern for me.
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: UK citizen. Live in England. Not filed any paperwork or tax in the US.
JA: Have you talked to a lawyer about the green card?
Customer: No.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Nothing more than I said above.
Customer: replied 10 months ago.
Meant to say US/UK tax treaty so I wouldn't pay tax twice. It is the capital gains on a property i sold June 2012 or the situation where giving up your Green Card triggers the tax on your worldwide assets... I own a £2.5m house. Just to confirm I have never worked in the US or for a US client. I got the Green Card as we were going to live in the US when I was married which we never did. I have had some questions when I enter the US but always explain I am freelance and work all over the world. I have never been out of the US for more than a year.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 10 months ago.
Thank you

Hi. My name's Lane. ... Welcome to JustAnswer!

...

I hold a Law Degree, a BBA, an MBA (Finance Specialization), and CFP & CRPS designations as well.

I've been providing tax, corporate law & accounting, financial, and Social Security advice to clients on three continents since 1986.

...

(Please understand that any phone consult offers come from the website automatically … Not from me, personally … I can't control them. They WILL subside)

...

Please bear with me while I write up my answer for you…

Here's what the US/UK tax treaty says about gains from real property (that is not part of a business enterprise mentioned in the paragraphs just above it):

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Gains from the alienation of any property other than property referred to in the preceding paragraphs of this Article shall be taxable only in the Contracting State of which the alienator is a resident.

.

(gains from the alienation of real property meaning sales from the sale of real property)

.

Please let me know what other questions you may have.

I sincerely ***** ***** answer helps …

Please let me know if you still have questions on this issue, at all.

If you do, just come back here to the question, and I’d be happy to help.

Thanks for using our service today!

Lane

Customer: replied 10 months ago.
Thank you so much for your answer. Are you saying that even though I am a Green Card holder I am not liable for US capital gains tax on the sale of a UK property via the Exit Tax when you give up a Green Card? Sorry I am just trying to clarify this aspect. Kind regards Ollie

That's correct. However, you may need to take a treaty-based position and file the US tax return showing that no tax was due under the specific article. ... If you are asked about this sale (unlikely as IRS closes out files after three years, seven years at the longest if fraud is suspected)

I sincerely ***** ***** answer helps …

Please let me know if you still have questions on this issue, at all.

If you do, just come back here to the question, and I’d be happy to help.

Thanks for using our service today!

Lane

npvadvisor,
Category: US Tax
Satisfied Customers: 27264
Experience: 
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Customer: replied 10 months ago.
Thank you so much for your advice. I am just digesting the best way forward and will be in contact if I progress this situation. Really appreciate your help. Kind regards Ollie