Summary
Relocating from Israel to the USA creates dual-system exposure: Israel's exit-tax and residency rules on one side, and US worldwide taxation plus FBAR/FATCA reporting on the other. Visa status (H-1B, L-1, O-1, Green Card) affects immigration but tax residency is determined separately by the Substantial Presence and Green Card tests.
Key facts and rules
- US tax residency (Green Card): Green Card holders are generally US tax residents from the date of lawful permanent residence.
- US tax residency (Substantial Presence Test): Non-immigrants (e.g., H-1B) become residents when they accumulate at least 31 days in the current year and 183 weighted days over the 3-year look-back formula (all current-year days + 1/3 prior year + 1/6 year before that).
- US worldwide taxation: Once resident, you are taxed on worldwide income and must file annual US tax returns. Israelis may need to claim foreign-tax credits or exclusions to avoid double taxation.
- FBAR obligations: US tax residents must file FBAR if the aggregate value of non-US financial accounts (including Israeli bank and pension accounts) exceeds $10,000 at any point in the year.
- FATCA (Form 8938): Reporting for foreign financial assets applies when thresholds are met, with higher thresholds for taxpayers living abroad.
- Israel–US treaty: Coordinates taxing rights on many income types. Real estate income is generally taxed first where the property sits. After the 10-year Israeli exemption window, Israel often has first taxing rights over pensions.
- Israeli exit tax: Ceasing Israeli residency may trigger exit tax on worldwide assets under Section 100A, plus reporting obligations and potential wealth declarations within 90 days.
Common pitfalls
- Assuming an H-1B or other non-immigrant visa means you are not a US tax resident; the Substantial Presence Test frequently turns long-term Israeli assignees into full US tax residents.
- Ignoring FBAR and FATCA reporting on Israeli accounts and pensions; penalties for non-compliance can be severe.
- Failing to coordinate the Israeli exit-tax year and US entry year, leading to mismatched basis and suboptimal use of foreign-tax credits.
Action checklist
- Model your US residency start date based on projected days and Green Card timing.
- Inventory all Israeli and third-country accounts, pensions, and companies for FBAR/FATCA and US tax-return reporting.
- Coordinate with an Israeli advisor on exit-tax exposure and, where relevant, obtain valuations and rulings.
- Review the Israel–US treaty and plan for foreign-tax-credit claims and pension sequencing.
Important: Israelis in the US typically need both an Israeli international-tax specialist and a US CPA familiar with Israeli structures and the FBAR/FATCA regime.