Capital gains taxes for non-resident alien 👽

Dec 6, 2018 20 Comments

I’ve been living outside the US this year and just moved back. I’m therefore a non-resident for tax purposes in 2018 (not a citizen/GC holder). If I sell the shares I own before Dec 31, can I assume I won’t have to pay US capital gains taxes? I bought the stock a couple of years ago when I was a resident for tax purposes (if it matters). Thanks!


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TOP 20 Comments
  • Google / MgmtLovedoo
    Are you a US citizen or not? That’s a huge distinction.
    Dec 6, 20185
    • Not a citizen, not GC holder (already mentioned in the post).
      Dec 6, 2018
    • Google / MgmtLovedoo
      Got it. Do you plan to become a resident now? If you weren’t living in the US for 6 months and 1 day, you may not need to pay capital gains for 2018, as long as you sell before December 31.
      Dec 6, 2018
    • Thanks! I will likely be a resident for tax purposes in 2019, but in 2018 I was only here for a couple of months.
      Dec 6, 2018
    • Google / MgmtLovedoo
      Sell sell sell. Make sure you also file FBAR/ FATCA every year you are a resident
      Dec 6, 2018
    • Ah thanks for the tip about the foreign account reporting!
      Dec 7, 2018
  • Oracle Leadpaint
    You’d be better off asking that to a tax attorney than to random strangers on the internet
    Dec 6, 20181
    • Yeah but then I’d be the only one benefitting from the answers
      Dec 6, 2018
  • Microsoft PMM’d
    Note that to be considered a resident, you need to look also at how many days you’ve been in the US in the last 3 years. Thus said.... if you sell the shares by December 31st, they’re a taxable event in this year.

    But, to be sure, ask an accountant.
    Dec 6, 20184
  • Microsoft / EngTier 1
    Ask an accountant. Btw many of them don’t know what they are talking about regarding non resident tax status.

    I had H&R Block try to get me to pay Obamacare penalties because I didn’t have US insurance whilst being non-resident. 🤦‍♂️
    Dec 6, 20180
  • Microsoft do_needful
    Sell and move back. IRS will never find you.
    Dec 6, 20181
    • Not trying to cheat, just following the rules in a way that minimizes taxation.
      Dec 6, 2018
  • Verizon PinkyBrain
    TC or stfu and gtfo
    Dec 6, 20182
  • Amazon COEActionI
    Look into the substantial presence tedt
    Dec 6, 20180

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