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How Long Must One Stay in the USVI to Be Considered a 'Resident' to Qualify for the 90% Rsidency Tax Credit?

Journal of Transnational Law & Policy, Vol. 13, p. 153, 2003

26 Pages Posted: 14 Feb 2010  

Beckett G. Cantley

Atlanta's John Marshall Law School

Date Written: August 1, 2003

Abstract

Residents of the United States Virgin Islands (USVI) generally file their tax returns with the USVI tax authorities rather than the Internal Revenue Service (IRS). U.S. citizens who are non-resident to the USVI are generally not liable to the USVI for tax even where such non-residents are party to a joint U.S. federal income tax return with a USVI resident. However, where a U.S. citizen who is a non-resident of the USVI chooses to file a joint income tax return with a USVI resident, the non-resident may elect to file the return in the USVI under certain circumstances. The USVI resident's USVI income tax return must identify the source of each item of income on the return. It is likely that the USVI would enforce a more relaxed residency requirement for participation in the EDC program than they would for general workers under the "one year" program. However, a person is not required to show an intention to remain in the USVI until death. This sentiment was echoed by USVI legislature when it noted that Federal and not USVI legislation has resulted in the USVI being included on the OECD list.

Suggested Citation

Cantley, Beckett G., How Long Must One Stay in the USVI to Be Considered a 'Resident' to Qualify for the 90% Rsidency Tax Credit? (August 1, 2003). Journal of Transnational Law & Policy, Vol. 13, p. 153, 2003. Available at SSRN: https://ssrn.com/abstract=1552949

Beckett Gordon Cantley (Contact Author)

Atlanta's John Marshall Law School ( email )

1422 W. Peachtree Street, N.W.
Atlanta, GA 30309
United States
404-502-6716 (Phone)

HOME PAGE: http://www.johnmarshall.edu/facultystaff/beckett-cantley/

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