Can F1 VISA holder have his car rent out for money?

[woodykas]

my point that this activity is not related to any employment in US as not required any job activities, renting cars out directly - that is may be a problem.

 

[woodykas]

Service: Providing the car
Again, if he wants to sell the car for profit that's one thing. It's another thing entirely to rent it out (and that is what he'd be doing).

sounds better, but I still think there is a lot of speculations which may apply by experienced lawyers in this field of law.

like he can sell his car to his mother in another country and SHE will rent out the car, etc, etc, etc ...

 

[Proserpina]

sounds better, but I still think there is a lot of speculations which may apply by experienced lawyers in this field of law.

like he can sell his car to his mother in another country and SHE will rent out the car, etc, etc, etc ...

Tell you what.

You find something saying that OP's intention does not compromise his status for the reasons discussed earlier.

Should be easy, n'est-ce pas?

 

[woodykas]

Tell you what.

You find something saying that OP's intention does not compromise his status for the reasons discussed earlier.

Should be easy, n'est-ce pas?

no big deal - http://info.pearl.com/blog/can-f-1-visa-holder-get-income-leasing-property

leasing property and leasing car is similar issue, is that correct ?

 

[Proserpina]

no big deal - http://info.pearl.com/blog/can-f-1-visa-holder-get-income-leasing-property

leasing property and leasing car is similar issue, is that correct ?

I want you to stop for a second.

This isn't just a question and answer for your own amusement here - this is about somebody else's LIFE. In your own words, this is grey area. Do you not then owe the OP at least a fair warning that it IS (in your opinion - again, attorneys seem to disagree with you...and no, a car is not the same as a house) a grey area?

 

[Proserpina]

And no, you didn't provide an answer. I requested a tangerine, and you served up a banana.

 

[woodykas]

I want you to stop for a second.

This isn't just a question and answer for your own amusement here - this is about somebody else's LIFE. In your own words, this is grey area. Do you not then owe the OP at least a fair warning that it IS (in your opinion - again, attorneys seem to disagree with you...and no, a car is not the same as a house) a grey area?

ok, ok ! ALL answers in this forum should be "ask your own attorney", yep ? you have no clear answer, I have no clear answer, it is "grey zone", and we can discuss all options, that is what for _forums_ exist.

 

[trying1]

Thank Proserpina and woodyka

Thank you so much for your insightful discussion. Although it's not conclusive, at least you let me know this is a debatable question. I'll go and ask an attorney. See if I can get a conclusive answer.

 

[LdiJ]

Woody, you know fine well that's not how H1s work.

(or at least, you should)

In OP's situation, he is being paid for services rendered. That there is a middleman (the car share place) doesn't change that.

Service: Providing the car


Again, if he wants to sell the car for profit that's one thing. It's another thing entirely to rent it out (and that is what he'd be doing).

I think that the OP should consult with an immigration attorney. I am leaning towards agreeing with the other poster on this one. It would be considered passive income. Its no different than renting out a house that is managed by a management company. He does not have to even be present in the US in order to own a house or a car and to rent it to someone else. Nor would it be illegal to do so. The fact that he happens to be here for school, does not prohibit him from engaging in the same kind of passive investment activity, that he could engage in from abroad.

 

[Proserpina]

ok, ok ! ALL answers in this forum should be "ask your own attorney", yep ? you have no clear answer, I have no clear answer, it is "grey zone", and we can discuss all options, that is what for _forums_ exist.

No, it's really not actually.

It's not a debate forum, it's not a homework forum, it's not a "well let's take a risky proposition and dump it into the poster's lap" forum.

@Ldij. Are you also going to guarantee that the OP's status is not in jeopardy, despite several attorneys disagreeing with both you and woody?

 

[LdiJ]

No, it's really not actually.

It's not a debate forum, it's not a homework forum, it's not a "well let's take a risky proposition and dump it into the poster's lap" forum.

@Ldij. Are you also going to guarantee that the OP's status is not in jeopardy, despite several attorneys disagreeing with both you and woody?

That is why I said that he needs to consult an immigration attorney. The only thing that I can say for certain, is that it is not illegal for someone abroad to own rental property (be it car or house) in the US, have someone manage it for them, and receive income from that passive activity. Knowing that is the only reason why I am leaning in that direction. However, the OP is best served by a consult with an immigration attorney.

 

[Proserpina]

That is why I said that he needs to consult an immigration attorney. The only thing that I can say for certain, is that it is not illegal for someone abroad to own rental property (be it car or house) in the US, have someone manage it for them, and receive income from that passive activity. Knowing that is the only reason why I am leaning in that direction. However, the OP is best served by a consult with an immigration attorney.

Right, but the OP is in the US, on an F1 visa. The rules do appear to change; this is not real property and he's actively renting out his car - he's providing a service and being compensated for doing so.

 

[LdiJ]

Right, but the OP is in the US, on an F1 visa. The rules do appear to change; this is not real property and he's actively renting out his car - he's providing a service and being compensated for doing so.

I don't see that as providing a service. Certainly, for tax purposes it would not be considered to be employment or self employment as it would be completely passive. He is not renting his car out to anyone. He is being paid by a rental car company for the periodic use of his car so they can turn around and rent it to people. Again, though, that's why I think that he should consult an immigration attorney.