Advanced Taxation
# 1. Bella is a citizen of the Cayman Islands. Terri is a citizen of Argentina. They both work for the same company. Their jobs required them to travel to the U.S. Originally, they were needed in the U.S. for many months to help build up the company’s U.S. business. Now, they travel to the U.S. less frequently. They do not have a Green Card or any special Visas.
Bella was present in the U.S. for 330 days in 2019, 210 days in 2020, and 60 days in 2021. Terri was present in the U.S. for 360 days in 2019, 300 days in 2020, and 25 days in 2021. Is Bella a U.S. resident in 2021? Is Terri a U.S. resident in 2021? Explain.
# 2. Bill Langford owns 100% of Office Links. Office Links made a filing to be organized as a public limited company organized in the U.K. PLCs are “per se” corporations under the Tax regulations. Office Links also made a filing to be organized as a limited liability company under the laws of Delaware.
Bill discusses his situation with 4 advisers, each of whom gives Bill conflicting advice:
• Bill’s cousin Joe, a tax accountant who retired in 1995, tells Bill that Office Links is a foreign corporation because it is a U.K. per se corporation, but it has been several decades since Joe looked at the Tax Code or read the latest Tax journals.
• Bill’s nephew Allan, a Professor of Philosophy at the local university, tells Bill that Office Links is a U.S. partnership because it is organized in two jurisdictions and philosophically, that sounds right. Allan never read a tax book in his life.
• Bill’s old college classmate Caitlyn, a tax partner at a Big 4 accounting firm, tells Bill that Office Links is a U.S. corporation because it is a per se corporation that is also organized in the U.S.
• Bill’s best friend and resident “know it all” Johnny tells Bill that he does not need a professional tax advisor. Johnny is sure that Office Links is a disregarded entity because it is a single member U.S. LLC. He Googled it!
Whose advice is correct and why? Explain.
