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Residents, can't leave for more than 6months

Posted: Sun Apr 26, 2009 12:03 pm
by naturegirl

Posted: Sun Apr 26, 2009 1:05 pm
by mammalu
A case of Murphy's Law! :(

NG, what was that about 'avoiding all of this with dual citizenship?"

Posted: Sun Apr 26, 2009 1:37 pm
by craig
That makes clear a question I had.

So: you can't keep a CE without becoming tax-resident.

Craig

Posted: Sun Apr 26, 2009 1:40 pm
by cajun jamie
It is pretty much the universal "residency" requirement. To be a legal resident of a country (not a citizen), you must physically be present in that country for at least 6 months a year. If you do not, you forfeit your residency.

US citizens in Peru must be in Peru at least 6 months a year. Peruvians with a resident visa in the US must be there 6 months a year. If you are not, you lose your status and start over.

Once you get Peruvian citizenship, then live where you want. Of course, Peruvian voting issues and fines come into play if you are away.

Posted: Sun Apr 26, 2009 2:00 pm
by naturegirl
mammalu wrote:A case of Murphy's Law! :(

NG, what was that about 'avoiding all of this with dual citizenship?"

If you're a citizen of Peru, then it doesn't matter how long you leave for.

Posted: Sun Apr 26, 2009 2:00 pm
by naturegirl
cajun jamie wrote:It is pretty much the universal "residency" requirement. To be a legal resident of a country (not a citizen), you must physically be present in that country for at least 6 months a year. If you do not, you forfeit your residency.

US citizens in Peru must be in Peru at least 6 months a year. Peruvians with a resident visa in the US must be there 6 months a year. If you are not, you lose your status and start over..


Yes, but it would have been nice if the Peruvian immigration had told this guy that.

Posted: Sun Apr 26, 2009 2:05 pm
by rgamarra
Guess I'll be making a trip back later on this year to do the Citizenship. God forbid I should have to do the CE stuff all over again. :shock: :? :(

Posted: Mon Apr 27, 2009 3:46 pm
by tupacperu
cajun jamie wrote:It is pretty much the universal "residency" requirement. To be a legal resident of a country (not a citizen), you must physically be present in that country for at least 6 months a year. If you do not, you forfeit your residency.

US citizens in Peru must be in Peru at least 6 months a year. Peruvians with a resident visa in the US must be there 6 months a year. If you are not, you lose your status and start over.

Once you get Peruvian citizenship, then live where you want. Of course, Peruvian voting issues and fines come into play if you are away.


Actually, Peruvians with a Green card (USA), can be out of the country for 364 days. After a year they have to have a legitimate excuse (University study, family illiness) to be admitted to the USA. My wife stayed in Peru for a year minus 2 days, becasue my son's visa was getting complicated and she did not want to leave him. SO we called USCIS, and they stated that if she was out of the US more than a year, the case of the son was a legitimate excuse. But to be safe we flew her back in for 2 weeks (her mom watched our son). SO, the USA is flexible.

The caveat to this, is that you cannot be outside the USA for more than a month if you want to become a citizen. You have to be in the USA for 2 years straight, minus 30 days for vacations. My wife does not want US citizenship.

Posted: Mon Apr 27, 2009 3:59 pm
by tupacperu
Craig wrote:That makes clear a question I had.

So: you can't keep a CE without becoming tax-resident.

Craig


Heck, you can become a Tax Resident without a CE. If you are in Peru beyond 6 months you are considered a tax resident. You are liable to SUNAT for worldwide income. So, you can be double taxed.

If you do not meet residency requirements for tax exemption (IRS) in the USA , then you will be taxed in the USA and in Peru.

This is what happened to me with PA state taxes. I filed and exemption because I lived in Peru for a year (based on presence) . PA kept my taxes saying, because I maintained a PA drives license with a PA address (parents home) I was not due a refund. I also get my mail at my parent's home in PA, though I do not own a home in the USA (but I own a home in Peru).

Tax residency works this way everywhere but Panama. Panama does not tax you on international income, only income generated in Panama.

There are no true tax havens anymore, the downside to Panama, it is expensive.

Posted: Mon Apr 27, 2009 5:36 pm
by cusco
I checked on this when I found out about this new law. According to our secretary in Lima there is some kind of paperwork (imagine that) you can fill out if you need to be gone longer than 6 months. She said if we wanted to do it she would have to know well in advance to get it done.

Posted: Tue Apr 28, 2009 3:48 am
by Jonathan
It's really a hit or miss, depends on the person at the immigration when you arrive at the airport.
Two years ago I stayed gone for 8 months (with my carne) and re-entered with no problems.
This last time I was gone for 7 months and they said I was not a resident any longer, and stamped me in as a tourist (didnt matter that I live here with my peruana wife). So, now I have to do all the paperwork again to get a new carne, but this time I do not have to leave the country to get one).

So, that being said. You only have to pay income tax in Peru if you are here more than 6 months. If you leave and re enter it starts all over again. So if you work or travel a lot, there is no need to pay any income taxes (if you did not live in Peru for 6 straight months). as long as you don't stay gone longer than 6 months your carne is good.
This is my understanding, and my experiences.

confused

Posted: Tue Apr 28, 2009 4:48 am
by excaliguy
So there are two statements here, either you can't leave Peru for more than 6 months and retain your carne OR you can't leave for more than 6 months in a year. Anyone sure which one it is, I'm coming up on the latter but will probably never be gone for more than 6 months. So either I will try to get my citizenship right away or wait.

Posted: Tue Apr 28, 2009 10:25 am
by rubble
I have recently returned from the UK, after being away for over six months and I'm having to renew my CE.

The rules have changed, (according to the staff here in Chiclayo), and my marriage certificate now needs to be signed by the Mayor.

Posted: Tue Apr 28, 2009 12:31 pm
by craig
Jonathan wrote:You only have to pay income tax in Peru if you are here more than 6 months. If you leave and re enter it starts all over again. So if you work or travel a lot, there is no need to pay any income taxes (if you did not live in Peru for 6 straight months).


According to Bringas
http://www.expatperu.com/detalle.php?topic_id=516
tax-residency is 6 months cumulative out of any 12 not 6 months straight (ie. the clock doesn't reset when you leave).

Craig

Re: confused

Posted: Tue Apr 28, 2009 1:37 pm
by naturegirl
excaliguy wrote:So there are two statements here, either you can't leave Peru for more than 6 months and retain your carne OR you can't leave for more than 6 months in a year. Anyone sure which one it is, I'm coming up on the latter but will probably never be gone for more than 6 months. So either I will try to get my citizenship right away or wait.


I think it's six months in a row.