Green Card and foreign account disclosure

[red74]

Sorry, not sure if this is the incorrect section for this. I know that once my father has a Green Card he has to disclose any foreign bank accounts and any income. I am assuming this is not for previous years though. So, if my father arrives in August in the U.S. and we invite him to stay, and he closes his foreign accounts and moves all of his funds to his U.S account before the end of the year, and the Green Card only arrives next year, will he have to disclose his foreign accounts from the previous year. In other words, the need to disclose foreign accounts is from the moment you landed in the U.S. and so for that year's taxes, or from the moment you get a Green Card, and so the next year's taxes potentially?

[inadmissible]

You have to file FBAR with respect to the entire tax year in which you are a resident for tax purposes.

From the timeline you describe, he would meet both the substantial presence test and the green card test in the year following his arrival

[red74]

You have to file FBAR with respect to the entire tax year in which you are a resident for tax purposes.

From the timeline you describe, he would meet both the substantial presence test and the green card test in the year following his arrival

So if I understand you correctly, assuming he closes all accounts before December 31st, and his Green Card does not arrive before 2018, he will never have to deal with FBAR at all?

[inadmissible]

Yes, but only if the total of (number of days present in the United States in 2017) + (1/3)(number of days present in 2016) + (1/6)(number of days present in 2015) is less than 183

[newacct]

So if I understand you correctly, assuming he closes all accounts before December 31st, and his Green Card does not arrive before 2018, he will never have to deal with FBAR at all?

The moment he enters the US with an immigrant visa, he is immediately a US permanent resident. When the plastic card arrives is irrelevant.

[inadmissible]

My bad, I assumed he would arrive with a tourist visa and apply for adjustment of status

If he arrives in in August 2017 on an immigrant visa he will meet the green card test with respect to year 2017

[red74]

My bad, I assumed he would arrive with a tourist visa and apply for adjustment of status

If he arrives in in August 2017 on an immigrant visa he will meet the green card test with respect to year 2017

He will enter the country on the visa waiver program and I will then invite him to stay and do the adjustment of status. So does your original answer regarding 1/3 and 1/6 of the days in previous years still hold?

[inadmissible]

Yes

[red74]

Thanks