Tax and Immigration Planning Part 2 “Understanding U.S. Immigration and Tax Residency”
In Part Two, Greenspoon Marder attorneys Hector Chichoni and Ruben Gotlieb dive deeper into the complex concepts of U.S. tax residency, domicile, and how intent can trigger significant income, gift, and estate tax consequences. With an eye toward planning for 2026 and beyond, they break down the mechanics of the substantial presence test, explain how day‑counting really works, and outline the limited exceptions available through tax treaties and the IRS “closer connection” framework. The conversation reinforces why income tax residency and estate and gift tax domicile are governed by entirely different legal standards and why confusing the two can be costly.
The episode also explores how immigration milestones such as filing an I‑140, adjustment of status, or entering the U.S. on a green card can have immediate and sometimes retroactive tax effects. Through real‑world examples, Hector and Ruben highlight how intent, asset location, family ties, and even timing of entry can shift an individual from pre‑immigration tax planning to full U.S. global taxation. Whether you are pursuing permanent residency, advising international clients, or structuring cross‑border assets, Part Two underscores a critical message: immigration strategy and tax planning must be coordinated from the outset to avoid unintended exposure and preserve long‑term flexibility.
If you have any questions or would like to connect with our speakers, please feel free to reach out to Hector and Ruben directly at the following:
This publication is provided by Greenspoon Marder LLP is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.
This website uses cookies to improve functionality and performance. If you continue browsing the site, you are giving implied consent to the use of cookies and tracking on this website. See our Privacy Policy for details. Accept
Privacy & Cookies Policy
Privacy Overview
This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.