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All being well I will have a large chunk of equity from the sale of my house in the UK to transfer at some point to the US. Given the direction of travel of the £ v $ it might be best to wait and see/hope that there is an improvement .

AIUI the IRS will not tax me on the income from the sale of a primary property being transferred to the US. If I did it in chunks over a couple of years is there a risk they would revisit that position ?

Also - does anyone know if the forex companies will offer a fixed forward price without any commitment on my part. I'm wondering if I can agree a fixed rate in advance. I'm going to contact a couple this week so any recommendations gratefully accepted.

TVM

Richard

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Filed: K-1 Visa Country: United Kingdom
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All being well I will have a large chunk of equity from the sale of my house in the UK to transfer at some point to the US. Given the direction of travel of the £ v $ it might be best to wait and see/hope that there is an improvement .

AIUI the IRS will not tax me on the income from the sale of a primary property being transferred to the US. If I did it in chunks over a couple of years is there a risk they would revisit that position ?

Also - does anyone know if the forex companies will offer a fixed forward price without any commitment on my part. I'm wondering if I can agree a fixed rate in advance. I'm going to contact a couple this week so any recommendations gratefully accepted.

TVM

I'm in the same boat as you ... do let me know if you find a Forex Company that would be prepared to do that, I doubt they will ... please don't quote me but "if" my understanding is correct when you buy at a forward rate the Forex Company are committed to buying those dollars from the market therefore they are not going to risk the possibility of not having that covered.

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Filed: K-1 Visa Country: United Kingdom
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I would definitely wait until the rate is better or until you really need it. You get a much better interest rate in the U.K. My savings account in England gives me 2.25% interest, in the U.S I get 0.14%

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Don't forget that when you become a US taxpayer you may need to fill out the FBAR or the FATCA to report accounts you have in the UK.

Links are to IRS explanations. We have done FBAR every year because of a UK bank account. It is not part of tax filing and is mailed yearly to the Treasury Dept by June 30. The FATCA was required with the tax return starting last year. It is for higher dollar investments.

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Provided you satisfy the IRS regulations for disposal of a main residence most if not all of the gain on the sale of your UK home will be exempt from US tax. It won't matter how you get the proceeds to the US the disposal happened on the date of disposal. Whether it will even impact your US tax return will depend on how you file for your first US tax year. There are at least three different scenarios to calculate for the first filing to see which one is best for your circumstances.

My time line

CSC

Nov 7, 2004 - First met in Chagford, Devon, UK

Sep 1, 2007 - Married in Chagford

Oct 5, 2007 - Sent I-130 to CSC

Oct 9, 2007 - Received by CSC

Jan 14, 2008 - Rejected by Chicago, wrong date on check 😞

Jan 15, 2008 - Sent I-130 back to Chicago with correctly dated check 🙂

Jan 16, 2008 - Received by Chicago

Feb 14, 2008 - NOA1

Apr 28, 2008 - NOA2

May 6, 2008 - NVC assign case number

May 12, 2008 - DS-3032 and AOS bill generated

May 18, 2008 - DS-3032 request emailed by me

May 22, 2008 - AOS bill paid by check

May 27, 2008 - DS-3032 accepted by NVC

Jun 2, 2008 - IV bill generated

Jun 9, 2008 - IV bill received

Jun 16, 2008 - IV bill paid by check

Jun 21, 2008 - I-864 package received

Jun 26, 2008 - I-864 sent to NVC

Jun 30, 2008 - DS-230 generated by NVC

Jul 11, 2008 - DS-230 received

Jul 26, 2008 - DS-230 sent to NVC

Aug 4, 2008 - DS-230 received by NVC

Aug 12, 2008 - Case completed

Aug 14, 2008 - Papers sent to London Embassy

Oct 20, 2008 - Medical in London

Oct 27, 2008 - Interview in London (was originally scheduled for Sep 23)

Oct 28, 2008 - Visa received

Nov 22, 2008 - Arrived in USA at Phoenix.... Yeah!!!

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Thanks for the comments guys. Will be having a chat with a forex company next week and will report back then. I suspect they won't let me pre-buy with no committment on my part. :crying:

Richard

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Filed: K-1 Visa Country: United Kingdom
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Its a dilemma what to do ! Im selling my house at the moment and will have equity to take with me to the States,but with the housing market as it is,and offers less then what i paid for it years ago along with the poor exchange rate,my two landlord pals are advising me to rent it for a year or two,or even to rent it for longer since my fiance has her own home,one of my neighbours who recently retired has bought a terraced house for cash,stating that they can get a bigger investment from it than from keeping their money in a bank account ! The only reason putting me off renting it, is the IRS,i seem to remember reading that you have to live in a house for 3 out of 5 years otherwise they hit you with tax on the equity should you sell it after the 3 years ? the other thing i have considered is to put the equity into a UK bank for two years at a rate of 2,75% interest and wait for an improvement on the exchange rate,that will give me time to settle into US life,get a green card,residency,get to understand the US mortgage system and if i can pay off my fiances mortgage without incurring penalties etc Friends in detroit have kept an english bank account open with some of their equity, so that they have money when they come over without having to change money ! and they say its a bit of a safety net till they get residency and their own home,they rent at the moment ? Its hard to know what to do for the best,even the banks and politicians dont know what to do ?

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Yes you are right, that after a certain time period all of the gain on the sale of the property will be taxed by the IRS. Basically you have to have owned and lived in the property as your main residence for at least 2 years out of the last 5 years up to the date of disposal. That means that after you move out and start renting, most of any gain from a sale in the next 3 years will be tax free up to $250,000 (maybe $500,000 if you satisfy the married conditions).

Some of the gain will be taxed because the US allows a depreciation deduction for the cost of the property and that will be clawed back on the sale.

If you sell after 3 years all of the gain would be taxable in the US. This contrasts with the UK where the time period that you lived in the property is used to exempt part if not all of the gain even for rental properties.

Note that you would also be reporting the rental income to both the IRS and HMRC with a tax credit available to you on the US tax return for any UK tax paid.

Edited by HikerMark

My time line

CSC

Nov 7, 2004 - First met in Chagford, Devon, UK

Sep 1, 2007 - Married in Chagford

Oct 5, 2007 - Sent I-130 to CSC

Oct 9, 2007 - Received by CSC

Jan 14, 2008 - Rejected by Chicago, wrong date on check 😞

Jan 15, 2008 - Sent I-130 back to Chicago with correctly dated check 🙂

Jan 16, 2008 - Received by Chicago

Feb 14, 2008 - NOA1

Apr 28, 2008 - NOA2

May 6, 2008 - NVC assign case number

May 12, 2008 - DS-3032 and AOS bill generated

May 18, 2008 - DS-3032 request emailed by me

May 22, 2008 - AOS bill paid by check

May 27, 2008 - DS-3032 accepted by NVC

Jun 2, 2008 - IV bill generated

Jun 9, 2008 - IV bill received

Jun 16, 2008 - IV bill paid by check

Jun 21, 2008 - I-864 package received

Jun 26, 2008 - I-864 sent to NVC

Jun 30, 2008 - DS-230 generated by NVC

Jul 11, 2008 - DS-230 received

Jul 26, 2008 - DS-230 sent to NVC

Aug 4, 2008 - DS-230 received by NVC

Aug 12, 2008 - Case completed

Aug 14, 2008 - Papers sent to London Embassy

Oct 20, 2008 - Medical in London

Oct 27, 2008 - Interview in London (was originally scheduled for Sep 23)

Oct 28, 2008 - Visa received

Nov 22, 2008 - Arrived in USA at Phoenix.... Yeah!!!

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