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Hi Fools,

I'd appreciate your opinion regarding the following situation....

Person X arrives in the US with less than 183 days to go until the end of the tax year, having not been resident at all in the previous two tax years and with the intention of becoming resident by the substantial presence test in the following tax year. X liquidates a stock and makes a capital gain in the period before becoming 'resident', i.e. before Jan 1st. Is the capital gain subject to tax in the US?

thanks
pteron
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[Person X arrives in the US with less than 183 days to go until the end of the tax year, having not been resident at all in the previous two tax years and with the intention of becoming resident by the substantial presence test in the following tax year. X liquidates a stock and makes a capital gain in the period before becoming 'resident', i.e. before Jan 1st. Is the capital gain subject to tax in the US?]

As a non-resident in the first year, there is no US tax on capital gains.

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