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US Tax Issues

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US Tax Issues
a. Robert Murray
Under I.R.C. Section 7701(b), an individual is considered a US resident for tax purposes if they are physically present in the US on at least 1) 31 days during the current year, and 2) 183 days during the three year period that includes the two years immediately before that, counting, all days of current year, 1/3 of days in first year before the current year, and 1/6 of days in the second year before the current year (Substantial Presence Test, 2013). Because Mr. Murray was physically in the US from June through December 2012, 210 days, he is considered a US resident under the substantial presence test for income tax purposes for the year 2012. All his income of $65,000 would be reported on Form 1040 and be taxed as if he was a United States resident.
b.
For 2013, because Mr. Murray did not stay any time during the year in the US, the three year period would apply, 0 days for 2013 plus 210/3=70 days. He did not qualify for residency status, so he would be considered a nonresident alien and would pay taxes under Section 871, Tax on non-resident individuals (Substantial Presence Test, 2013). Mr. Murray would use Form 1040/NR to file his taxes and be taxed accordingly.
If Mr. Murray is from a Tax Treaty country, he would file Form 8833, Treaty-Based Return Position Disclosure under Section 6114 or Section 7701(b), per Treasure Regulation 301.6114-1 (The Effect of Tax Treaties, 2013). Form 8833 overrides US residency rules. The taxes owed

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