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Old 7th Jun 2010, 15:16
  #269 (permalink)  
NewST
 
Join Date: May 2010
Location: Denver
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If you depend on the residence visa that ADA will acquire on your behalf as your Bona Fide resident status and if you are then audited (remember nothing matters if you do not get selected for audited) you will lose.

There is a lot more to establishing the Bona Fide resident status then just a visa. If you live in quarters provided by ADA, that fact alone will most likely disqualify you for Bona Fide resident status. You must be a resident! You must establish the fact that this is your new home, not a place that you come to just to work. ADA is paying your airfare back and forth, ADA is providing your living arrangments. You pay no local taxes, you don't even pay ustility bills. Your family does not live with you. You leave every 6 or 8 weeks and return to a place where you do have a residence. Sorry, but if your audited you will not qualify.

There are specific case laws that discuss this very matter and in every case the courts found for the IRS. Of course if you never get audited, then you are home free.
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